A MURDER accused told police that he had been invited to go
hill-walking by the woman he is charged with killing.
Giving evidence at the High Court in Inverness yesterday, Inspector
William Macdonald said Mr Donald McMillan told police during a taped
interview that the entry in Helen Fiona Torbet's diary expressing her
''embarrassment'' about a letter he wrote to her was entirely innocent.
Mr Macdonald told the court Mr McMillan said he had written his
acceptance of the invitation rather than tell her. ''There was nothing
offensive or threatening in it, it was more of a note than a letter --
just half a dozen lines,'' Mr McMillan said.
Mr McMillan, 33, denies murdering Mrs Torbet, 62, on July 6 or 7, by
suffocating her, and burying her body in the garden of his parents home
at Grianan House, Inverinate, Wester Ross.
Mr Macdonald told the court that, while attending Dingwall Police
Station voluntarily, Mr McMillan said that on Tuesday July 6, Mrs Torbet
had returned from hill-walking and said she had met someone at
Invermoriston. She wanted an early breakfast the following day, he
added.
Mr Macdonald said it was strange there was no entry in the diary Mrs
Torbet kept religiously. He told Mr McMillan that a photograph she had
taken on the day showed no-one: ''It was funny that she didn't take a
picture of the person she met or record it in her diary.''
Mr McMillan claimed Mrs Torbet had invited him to climb the Five
Sisters of Kintail because he would be able to see Ben Nevis from the
summit.
He said: ''I said I would like to try it and wrote her a note taking
up her offer. It was more of a note than a letter and I put it on her
tray when I took her a cup of tea.''
Inspector Macdonald asked Mr McMillan why Mrs Torbet would be
embarrassed by it. ''It is a funny thing to write in her diary,'' he
said. Mr McMillan replied; ''There was nothing threatening or offensive
in it.''
Earlier, the court was told that Mr McMillan's fingerprints were found
on tape used to bind and mask Mrs Torbet.
Northern Constabulary scenes of crime investigator Ian Clingan said
that he received samples of tape taken from Mrs Torbet's body after a
post-mortem examination.
He was able to lift fingerprints from them and sent them for
examination. Fingerprint expert Alan Dunbar, of Glasgow, said the prints
matched those taken from Mr McMillan.
Forensic scientist David Smart, of Aberdeen, also told of matching two
black bin bags. One containing Mrs Torbet's belongings was found under
the floorboards of Mr McMillan's parents' house on May 19.
The second was discovered hidden in undergrowth 200 yards from Grianan
House by a holidaymaker from Glasgow on April 10. This discovery
launched the murder inquiry.
Mr McMillan's mother, Zena, earlier told the court that her son had
been harassed and physically abused by the police.
Detective Sergeant Ralph Noble denied there had been any complaint
when he interviewed her for two hours.
Detective Inspector William Macdonald denied placing his arm across Mr
McMillan's chest and pressing him up against the wall of the McMillan's
house before he was detained for questioning.
The trial continues.
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