Murder victim's estranged wife fled scene with his killers

Ross MacGillivray has black hair and a neatly trimmed beard. He is in a room and looking into the camera. He is wearing a hooded top with a black and white stripe design.Image source, Police Scotland
Image caption,

Ross MacGillivray was beaten to death during the attack in November 2023

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A murder victim's estranged wife fled the scene with his two killers after lying to the police, a court has heard.

Samantha Jane MacGillivray, 33, was in the house in Inverness as Ross MacGillivray was beaten to death by Craig Hayden, 30, and Leon Headey, 23, on 11 November 2023.

All three then escaped out of the back door, leaving the 36 year-old's naked, trussed-up body in the hall. MacGillivray was still with the pair when she dialled 999 shortly afterwards.

Hayden and Headey admitted to the murder earlier this week. MacGillivray had a not guilty plea accepted, but she instead admitted to attempting to defeat the ends of justice in connection with events after the killing.

In her initial call to the police, MacGillivray claimed to have found Ross MacGillivray "on the floor not breathing" at the house in the city's St Ninian Drive.

She then appeared to hang up seconds later.

But she called police again in the early hours before giving a statement of what she claimed happened.

A forensic blue tent in a garden outside a property in Inverness. There is police tape and flowers hanging through green railings. The property is brown with a white door. There are items that look like children's toys scattered in the garden.
Image caption,

The court heard that Samantha MacGillivray was in the house when her estranged husband was being attacked

Prosecutor Graeme Jessop KC told the High Court in Glasgow: "She described being in the kitchen with Ross MacGillivray when two men entered through the unlocked back door.

"He was chased into the hall and assaulted there.

"She stated she remained in the kitchen. She claimed to be forced to leave with the two men by the back door and made to make the call to the emergency services."

He said MacGillivray had said she was "terrified".

"MacGillivray described one of the men being referred to by the other as 'Craig' and the other as a Scouser," Mr Jessop said.

"She denied any prior knowledge of these two men.

"MacGillivray was, at times, distressed and asked a number of times how her husband was."

However, it was discovered that she appeared to have been in contact with Headey in the weeks before the killing.

It further emerged his phone had previously booked taxis from the house where the murder happened using the name "Samantha".

The case had been adjourned until Friday for advocate depute Mr Jessop to give further background and details about the crimes.

The court heard how the couple had become estranged in early 2023, but continued to see each other.

Before his death, the victim had concerns about MacGillivray being associated with a Liverpudlian man and him being allowed to "come and go" from the semi-detached house in St Ninian Drive.

The MacGillivrays had been with each other on the day of the murder before ending up back at the property.

Hayden and Headey then turned up at about 22:20 that night.

Mr Jessop said: "The precise sequence or duration of the violent events is not known."

But, the prosecutor told how Mr MacGillivray was repeatedly punched, kicked and stamped on by both men as he ended up on the floor.

His wrists and ankles were bound together with orange twine and he was stripped naked.

MacGillivray helped the men bag up incriminating items before they all left and dumped them at the city's Caledonian Canal.

The victim was found in the house after MacGillivray's initial 999 call but he was already dead.

The court heard he had suffered serious blunt-force head injuries.

Police went on to discover the bag-for-life that had been dumped at the canal.

The contents included blood-stained clothes and a red shoe box for the Nike Air Max trainers that Headey had bought a fortnight before the killing.

Forensic evidence also helped pin the two men to the crime.

The court heard Hayden and Headey got a taxi to Alness in the Highlands after the killing and stopped off en-route at a petrol station for Hayden to buy food.

The pair were arrested in Aberdeen on 18 November 2023 - neither made any comment about the murder.

Hayden, from Alness, already had 26 previous convictions, including some for violence.

Headey - who came from Liverpool - had been jailed in the past for drug offences.

He further pled guilty earlier this week to being involved in the aggravated assault of David Bremner in Alness on 25 October 2023.

Lee Fraser, 34, and Thomas Hooson, 29, also admitted to their part in that attack.

Lord Scott deferred sentencing on all five until 27 November in Edinburgh.

They remain in custody in the meantime.

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