A MAN accused of running over and killing a pensioner who tried to stop his Land Rover being stolen should not be convicted of murder, a jury was told.
Ian Duguid, QC, said Christopher Grenfell should instead be found guilty of the culpable homicide of James Simpson as that was what the evidence was "consistent" with.
The 76-year-old is said to have died while trying to prevent his vehicle being taken from his home in Ashgill, South Lanarkshire, last November.
The 25-year-old accused denies murder.
In his closing speech of the trial at the High Court in Glasgow, Mr Duguid said his client could not be convicted of murder if no assault was found to have happened.
Grenfell claimed in his evidence during the trial that Mr Simpson had fallen while trying to prevent his 4x4 being stolen.
He recalled looking out of the open door of the vehicle and did not see Mr Simpson before driving off after hearing screams, the court heard.
Mr Duguid said to the jury: "How can he [Grenfell] commit an assault if he does not know where the man is?"
The court heard again how Grenfell had previously offered to plead guilty to the culpable homicide of Mr Simpson.
Mr Duguid said to convict Grenfell of the lesser allegation was "not the easy option".
He added: "Don't think you are letting him out – it is still a serious charge.
"However, that is the charge that is consistent with the evidence in this case. He is responsible for the man's death, but it is not murder."
Grenfell is joined in the dock by 24-year-old William MacVicar, who is only charged with being involved in the Land Rover theft.
MacVicar's advocate Tony Graham asked the jury to convict him of the lesser charge of reset.
The trial continues today, when Judge Lord Burns will deliver his directions to the jury.
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