A man who killed his own brother claimed his sibling had stabbed himself.

Martin Docherty, 39, fatally wounded Ross Docherty at his flat in Johnstone, Renfrewshire on 13th September 2020.

A judge heard how the incident was “five minutes which changed a number of lives”.

Docherty has now been jailed for seven and a half years after he pled guilty to the culpable homicide of his 33 year-old brother.

Dad-of-four Ross usually lived alone in Linwood, Renfrewshire and had successfully battled a number of personal issues.

But, he had been staying with his brother on and off for a spell at the time.

Prosecutor Richard Goddard KC told the High Court in Glasgow it appeared the siblings had a “fractious relationship”.

It emerged the pair had a “confrontation” the night before the killing.

On the morning of the attack, they were then heard shouting at one another.

Ross eventually ended up at his brother’s flat in Johnstone at 1.37pm.

At 1.42pm, Docherty was then on the phone to 999 claiming Ross had been “stabbed in the thigh”.

Neighbours went on to discover stricken Ross lying on the stairs in the close.

Mr Goddard: “Docherty was kneeling at his feet and was on the phone. He was hysterical.

“Docherty provided his phone to a neighbour, who took over dealing with the emergency services.

“When he was asked what had happened, he maintained Ross Docherty had stabbed himself.

“Docherty was heard to ask (his brother): ‘What do you expect after last night?’.”

Ross was rushed to hospital, but a vital artery in his leg had been struck and he passed away on 16th September.

Police went on to find two blood-stained knives at the flat.

Docherty later repeated to officers Ross had knifed himself after an argument.

But, after the attack, it emerged Docherty told a family member: “Ross punched me, so I stabbed him.”

This was reported to police resulting in Docherty being charged with culpable homicide.

Docherty already had a number of convictions for knife crimes.

A number of emotional family members were in court for the hearing.

Raymond McIlwham, defending, said Docherty wants to “seek forgiveness” from their mother for what happened.

He added: “This is a tragic case for the Docherty family. This is five minutes which changed a number of lives. Such devastating consequences ensued from his actions.”

Lord Doherty cut the jail term from 10 years due to the guilty plea.

He told Docherty: “You will have to live knowing what you done to your brother.”

By Grant McCabe

Renfrewshire News Court Reporter

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