A man accused of killing his partner amid claims he cheated on her did not murder her, a judge has ruled.

Shaun Wilson was charged with a fatal attack on Kymberli Sweeney, 27, at her flat in Paisley on 1st February 2020.

The 31-year-old had been deemed unfit to stand trial earlier this year.

This was due to a mental health condition. Wilson is currently being treated in the State Hospital at Carstairs.

An examination of facts hearing took place instead at the High Court in Glasgow to look at the circumstances of the incident.

Evidence was heard over a number of days including a pathologist concluding the cause of Miss Sweeney’s death was “unascertained”.

In his judgement, Lord Colbeck stated he was satisfied “beyond reasonable doubt” that Wilson assaulted his partner.

He was said to have struck Miss Sweeney on the head and body including with an unknown implement.

The judge deleted the allegation Wilson had applied pressure to her mouth, restricted her breathing and smothered her.

Lord Colbeck then added: “In the whole circumstances disclosed in the evidence, I cannot be satisfied beyond reasonable doubt that Shaun Wilson murdered Kymberli Sweeney.”

Wilson – who was not present for the hearing – will remain at Carstairs as part of an interim compulsion order.

The case will call again on 30th October in Lanark.

The hearing was told how Wilson had called his father after the assault stating him and Miss Sweeney had had “a big blow out”.

Gary Wilson travelled from Ayrshire to pick his son up outside Rangers Ibrox Stadium.

Mr Wilson: “When I pulled up, he was standing there. He was absolutely soaking wet.”

The witness said his son’s mood was “normal”, but that his face was “covered in blood”.

The court heard Wilson told his dad Miss Sweeney had hit him and that he had retaliated by “slapping her back or punched her or something”.

He further claimed his lover had “made for him” with knives. Wilson had then fled from the property.

Mr Wilson took his son to his mother’s home.

Mr Wilson: “He asked me to give Kymberli a phone to see if she was OK and everything was alright.

“I phoned numerous times during the day…but there was no answer.

“I phoned Shaun: ‘I cannot get hold of anyone. I think you better phone police to check that she is OK’.

“As far as I know, he said he would ‘phone them the now’, but I do not know if he did or not.”

The court heard how the witness had given a police statement at the time which also referred to the original call Wilson made to his dad that morning.

Wilson was said to have stated to him that Miss Sweeney had “accused me of sleeping with another lassie”.

Wilson’s sister Mandy Colquhoun also spoke with her brother that day.

In her statement, she said Wilson had admitted hitting Miss Sweeney and that he “did not know if he had killed her”.

He was also described at one stage as “sweating buckets and pacing the floor”.

But, Miss Colquhoun added she often took what Wilson said “with a pinch of salt” as he “lied all the time”.

The body of Miss Sweeney was later discovered face down in her home. Wilson eventually charged with murder.

Wilson’s lawyers – lead by defence advocate George Gebbie – had argued prosecutors had not “proved beyond reasonable doubt” he was responsible for the woman’s death.

Others factors cited included Miss Sweeney’s physical condition as well as certain personal issues.

A previous examination of facts earlier this year had to be postponed before the new hearing started last week.

Headline photo: Kymberli Sweeney
Photo Credit: Facebook

By Grant McCabe

Renfrewshire News Court Reporter

Leave a Reply

Your email address will not be published. Required fields are marked *