A FATHER told a murder trial yesterday of a happy Christmas Day dinner
party which was followed by tragedy.
Mr John Frater, 42, said the family gathering was the last time he saw
his 17-year-old son John, a Borders rugby player, alive.
Mr Frater, of Priors Meadow, Jedburgh, said that hours later he was
roused from his bed by police who told him John was dead.
Mr Frater was giving evidence at the opening of the trial of Mr Kevin
Maxwell, 31, who denies murdering Mr John Frater, of Priors Meadow,
Jedburgh, in Crown Lane, Jedburgh, by stabbing him with a knife.
Mr Maxwell, described as a prisoner, also denies attacking Mr Steven
Frater, 16, brother of the deceased, by striking him with a knife to his
injury.
Mr Frater told the High Court in Edinburgh that John was the eldest of
four children. The family, including John and Steven, went to their
grandmother's home for Christmas dinner.
Mr Frater said: ''The last time I saw John was in his grandmother's
house at Christmas dinner -- December 25. He left there at six in the
evening. He was going to get changed and go out with his girlfriend. He
had brought a change of clothes with him.''
Mr Frater said John had only two glasses of wine at the dinner.
He added: ''He seemed all right, the last time I saw him.''
About 1.30am on December 26, Mr Frater said police officers came to
the house and told him his son was dead.
He said he then went to the mortuary in Edinburgh and identified his
son's body.
He said ''John's main hobby was rugby, he was a fit, healthy boy who
never took drugs.''
Later, Steven Frater told the court that he was walking with his
girlfriend Lesley Short in High Street, Jedburgh, after the Christmas
dinner. His brother John and a friend were walking ahead of them.
He said that as he walked past a close, a man standing in the entrance
made a remark about Lesley.
The man, who he identified in court as Mr Maxwell, came out and put
his hand behind his back. He said that he thought Mr Maxwell was going
for a knife and he smashed a bottle of vodka over Mr Maxwell's head.
He said Mr Maxwell later caught up with the group and at first just
walked behind them. However, when they turned into Crown Lane, Mr
Maxwell became aggressive and demanded to know why he had been hit over
the head with the bottle.
Steven told the court he became frightened when Mr Maxwell again
reached behind his back, so he head-butted Mr Maxwell.
He added: ''Mr Maxwell got back up and stuck a knife into my brother's
chest.''
The trial before Lord Milligan continues.
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