Man accused of murdering woman 'thrown from Helensburgh Pier'

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Charmaine O'DonnellImage source, Facebook
Image caption,

Charmaine O'Donnell had been at the pier with a friend

A man accused of murdering a stranger by throwing her from a pier into the water later claimed he was "going away for a long time", a court has heard.

Jacob Foster, 29, allegedly killed Charmaine O'Donnell at Helensburgh Pier in Argyll and Bute on 23 April 2021.

Jurors at the High Court in Glasgow heard Ms O'Donnell, 25, died due to severe neck injuries and drowning.

Mr Foster denies murder and his lawyers have lodged a special defence of diminished responsibility.

They claim the accused had an "abnormality of mind" at the time.

Ms O'Donnell's friend Caitlin McTaggart, 25, told the court they had gone to Helensburgh for a day out due to the good weather.

Ms McTaggart recalled: "I had wanted to go the Campsies where there is a waterfall.

"She said 'no' because she would have ended up in the water basically."

The women arrived at Helensburgh Pier and eventually got chatting to three men fishing.

The court heard Mr Foster and another man were also nearby.

Over the edge

Ms McTaggart told jurors neither she or Ms O'Donnell knew him, although it appeared he was trying to get involved in their conversation.

The witness recalled later hearing a "commotion" and said somebody ''got thrown" over the railings or barrier at the pier.

Ms McTaggart said she did not initially know who it was, but a person shouted: "That's your pal."

She then peered over the edge and spotted Ms O'Donnell.

The witness said Mr Foster was still standing at the pier when she looked about.

Prosecutor Alex Prentice QC asked: "Did you say anything to Jacob?".

Ms McTaggart replied: "I was screaming at him to help her. He just kept saying: 'What have I done? I have taken it too far this time. I am going away for a long time'."

Image caption,

Emergency crews were called to Helensburgh Pier but Ms O'Donnell did not survive

The witness dialled 999 to get her friend help, but Ms O'Donnell did not survive.

Stephen Cairns, who was one of the men fishing that day, told the court he remembered speaking to the women and Mr Foster also being there.

The 42 year-old told jurors Ms O'Donnell had been standing at railings at one stage.

He then added: "I turned around and saw the accused pushing the girl over the railing.

"He pushed her with both hands."

'It was carnage after that'

The witness added that Ms McTaggart had been facing the water at the time.

Mr Prentice said: "So, with her back to Jacob, who then pushed her with both hands?"

Mr Cairns relied: "Yes. It was just carnage after that."

He recalled seeing Ms O'Donnell in the water with blood coming from her head.

The murder charge alleges Mr Foster picked up the 25 year-old, carried her to a barrier before pushing or throwing her.

It is said this caused Ms O'Donnell to strike the pier structure or another rough surface and the water below.

The indictment alleges this led Ms O'Donnell to ingest water and that she was left so severely injured she died.

The trial, before judge Lord Fairley, continues.

The prosecution made an amendment to the indictment on Thursday 28 April. The accusation that Charmaine O'Donnell was 'thrown' by Mr Foster was deleted. The allegation that Mr Foster 'pushed' her remains.

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