Zoe Nelson murder: Robert Bayne loses jail term appeal

BBC.co.uk

January 6, 2012

The man convicted of murdering 17-year-old Zoe Nelson and burning her body in woods in North Lanarkshire has failed in a bid to have his jail term cut.

Robert Bayne, 22, attacked the teenager, put a plastic sheet over her face and set her on fire, near Cambusnethan, Wishaw, in May 2010.

He was ordered to serve a minimum of 20 years but claimed this was excessive.

Judges at the Appeal Court in Edinburgh said it was at the upper end of the scale but still appropriate.

Bayne's counsel, Chris Shead, argued that his crime "however repugnant" could not be regarded in the categories of murder where previous appeal court guidance had established there should be sentences at that level.

Lord Reed, sitting with Lord Brodie, said that sentencing was not a precise science but the trial judge was very experienced and best placed to make the decision.

"The sentence was arguably at the upper end of the range, but that reflects her assessment of the gravity of the case having heard the evidence over a number of weeks," said Lord Reed in refusing the appeal.

Bayne, formerly of Wishaw, North Lanarkshire, was found guilty of murdering Ms Nelson, formerly of Newmains, at the High Court in Edinburgh last year.

He was found guilty of repeatedly striking her in May 2010 on the head and body, placing a plastic sheet over her head restricting her breathing and by unknown means inflicting injury on her.

He was also convicted of attempting to defeat the ends of justice by setting fire to the teenager's body.

'Appalling crime'

Trial judge Lady Dorrian told him: "This was an appalling crime, the circumstances of which are properly to be described as shocking."

Zoe was found in a wooded area with parts of her body reduced to ash.

The college student was found to have a number of other injuries most of which were inflicted by blunt force.

Pathologists said they probably resulted from blows or punches and evidence was also found that could have come from compression of her mouth during asphyxiation.

In refusing Bayne's appeal, Lord Reed said: "The exact cause of death could not be determined. The evidence suggested that in all likelihood the girl was dead before her body was set on fire."

The judge said that evidence at the trial showed that the victim had been in his company throughout the day leading up to her death and he had become increasingly aggressive towards her.

He said: "The sentencing judge described this as the brutal murder of a 17-year-old girl, as it plainly was.

Criminal record

"The age of the girl and her vulnerability are aggravating factors to be reflected in the sentence imposed."

Lord Reed said schizophrenic Bayne's criminal record, which included assault and robbery, was a further feature to be taken into account.

The senior judge said it had been previously recognised that attempts to avoid detection were also to be regarded as an aggravating factor.

He added: "The steps taken to avoid detection are particularly serious in the present case as the burning of the body would be especially distressing to the family of the deceased."

He said they had been referred to previous appeal court authority where it was held that certain types of murder, such as where children or on-duty police officers were victims, would attract minimum sentences in the range of 20 years.

Lord Reed said: "We accept these are indeed suitable examples, but by no means exhaustive."

Zoe Nelson murder: Robert Bayne jailed for 20 years

BBC.co.uk

April 27, 2011

The man convicted of murdering 17-year-old Zoe Nelson and burning her body in woods in North Lanarkshire has been jailed for a minimum of 20 years.

Robert Bayne, 21, attacked the teenager, put a plastic sheet over her face and set her on fire, near Cambusnethan, Wishaw, in May last year.

At the High Court in Edinburgh, Bayne was given a mandatory life sentence.

The bodybuilder was also given a six-year concurrent sentence over his attempts to cover up Zoe's murder.

Jailing him, judge Lady Dorrian told Bayne: "This was an appalling crime, the circumstances of which are properly to be described as shocking."

During his trial, the court heard Motherwell College student Zoe, who was said to have been in a relationship with Bayne, was seen leaving her Newmains home at 1700 BST on 22 May 2010.

She was later seen on CCTV footage in a local store at about 1730 BST.

Residents reported seeing a fire in woods, known as Monkey Hill, later that evening.

A member of the public found her badly burned body there the following day. He told the trial he initially believed it to be a charred tailor's dummy, but soon discovered it was a corpse.

Jurors also heard that Zoe had told a close friend she used to go out with Bayne, and said he was "controlling" and would not allow her to see some of her friends.

The prosecution also presented evidence which showed that traces of DNA found on Zoe's remains matched samples taken from Bayne.

Bayne was found guilty of murder and of a second charge of attempting to defeat the ends of justice by setting fire to Zoe's body, washing and disposing of items of clothing worn during the murder, disposing of her mobile phone and falsely stating to police that another person had admitted to the crime.

As the Nelson family left court, Zoe's aunt, Shirley Nelson, 35, said they were disappointed by Bayne's 20-year minimum sentence.

"A life should mean a life. We should go back to the old days and bring back hanging," she said.

"All we can say now that all this is over is, as a family, we would like to thank everyone for the help and support that has been given to us all.

"Now, as a family, we have to come to terms with the fact that we will never see Zoe again as her life was cut short at the evil hands of Robert Bayne."

Zoe Nelson murder: Tattooed monster Robert Bayne found guilty

WishawPress.com

March 30, 2011

THE tattooed killer who torched student Zoe Nelson screamed abuse and threats at her sister – when a jury found him guilty of murder last week.

Terrified Laura-Anne Nelson – a key witness at the trial – fled in tears as Robert Bayne (21), headbutted then wrestled with security guards and police at the High Court in Edinburgh last Friday.

Body-building Bayne, despite being in handcuffs, launched a violent attack before the jury had finished delivering the unanimous verdict, shouting obscenities as he was brought to the ground. The courtroom was cleared of members of the public, including Zoe's shocked family.

After Bayne's violent outburst, judge Lady Dorrian ordered that the hearing should continue in his absence.

When the jury had completed the formalities of returning their verdict the judge told them: “This has been a somewhat distressing case and a stressful one.”

Bayne wreaked more havoc later while being transferred from court to Saughton Prison in Edinburgh. The fiend kicked and punched the windows of the security van during the journey. He continued his rampage by lashing out during a hate-filled tantrum at the prison reception.

Earlier last week the trial heard how evil Bayne had also threatened violence when detectives confronted him with Laura-Anne's description of how Bayne showed her the charred remains of her sister in a Cambusnethan wood.

Now psychiatrists are to examine Bayne before Lady Dorrian decides the minimum time he must spend in jail before he can apply for parole.

The shaven-headed monster denied the horrific murder of mechanics student Zoe Nelson last May, but a jury reduced to seven men and seven women found him guilty. They also convicted him, unanimously, of attempting to cover up the horrific crime by setting fire to Zoe in woodland on the outskirts of Cambusnethan.

The details of Zoe's final agony remain shrouded in mystery and the cause of death is officially “unascertained.” The jury deleted from the murder charge an allegation a knife had been used and also decided the fire had been used in an attempt to cover up evidence, not to kill the tragic student.

Bayne, right half of his face decorated with a garish, tribal-style tattoo, was described as a jealous control freak who showered three times a day and often changed his clothes because he was obsessed with keeping clean. He was seen with dirt on his hands and face in the aftermath of Zoe's death.

The evidence of the heinous crime was found by trail bike enthusiast Stuart Bell (45), when riding across an old coal bing, known as Monkey Hill. In a woodland clearing Mr Bell saw what he thought was a tailor's dummy, then realised it was a body.

The charred remains were too badly burned for pathologists to be sure how Zoe had died.

Bayne – who has been in custody since his arrest – is due back in court next month.

Zoe Nelson murder: Robert Bayne found guilty

BBC.co.uk

March 25, 2011

A man is facing a life sentence after being found guilty of murdering 17-year-old Zoe Nelson and burning her body in woods in North Lanarkshire.

Robert Bayne, 21, attacked the teenager, put a plastic sheet over her face and set her on fire, near Cambusnethan, Wishaw, in May last year.

He was also found guilty of attempting to defeat the ends of justice.

Bayne had to be physically restrained as the jury delivered their unanimous verdict at the High Court in Edinburgh.

The handcuffed bodybuilder jumped up in the dock and began struggling violently with security officers and police - headbutting one of them.

He also shouted insults and threats at Zoe Nelson's family, forcing the court to be cleared while officers restored order.

After a 20-minute adjournment, judge Lady Dorrian agreed to recommence the trial in Bayne's absence.

In light of Bayne's earlier behaviour, she said: "I don't think the matter can continue under any other basis."

The jury of seven men and seven women then confirmed their verdict of guilty of murder.

Judge Lady Dorrian will tell Bayne next month how long he must serve in prison.

Speaking on behalf of the family after the verdict, Zoe's uncle, Steven Hynes, said Bayne "deserved it".

He added: "His reaction in court just shows how threatening he is. He's an animal. He knows he's guilty, end of story."

The court heard that Bayne repeatedly struck Zoe, from Newmains, on the head and body, placed a plastic sheet or similar item over her head, thereby restricting her breathing, and by means unknown otherwise inflicted injury on her.

Motherwell College student Zoe, who was said to have been in a relationship with Bayne, was seen leaving her Newmains home at 1700 BST on 22 May 2010.

She was later seen on CCTV footage in a local store at about 1730 BST.

Residents reported seeing a fire in woods, known as Monkey Hill, later that evening.

A member of the public found her badly burned body there the following day. He told the trial he initially believed it to be a charred tailor's dummy, but soon discovered it was a corpse.

Bayne 'controlling'

Jurors also heard that Zoe had told a close friend she used to go out with Bayne, and said he was "controlling" and would not allow her to see some of her friends.

The prosecution also presented evidence which showed that traces of DNA found on Zoe's remains matched samples taken from Bayne.

Bayne was found guilty of murder and of a second charge of attempting to defeat the ends of justice by setting fire to Zoe's body, washing and disposing of items of clothing worn during the murder, disposing of her mobile phone and falsely stating to police that another person had admitted to the crime.

He also previously showed "malice and ill-will" towards her.

Lady Dorrian told members of the jury: "This has been a somewhat distressing case, and stressful for you, but I can see from the verdict returned you paid very careful attention to the evidence in the trial."

Lady Dorrian indicated she would have no choice but to deliver a sentence of life imprisonment. She deferred sentencing until 27 April for psychiatric and social background reports.

Following the court hearing, Supt Derek Robertson, who investigated the murder for Strathclyde Police, said Bayne "showed no remorse for his vile actions or the effect this murder had on Zoe's close family who remain devastated by her loss".

He told BBC Reporting Scotland: "You can see Robert Bayne is a volatile character. His aggression was borne out in the attack, that was brought up at the trial.

"Today when the verdict was raised you saw what he can do. So, the streets will be a lot safer and hopefully the Nelson family can move on knowing that he is behind bars."

Murdered Zoe Nelson 'too badly burned' for exact cause

BBC.co.uk

March 16, 2011

A pathologist who examined a teenager found in woods in Lanarkshire could not tell how she died because her body was too badly burned, a murder trial heard.

Zoe Nelson, a 17-year-old mechanics student, was found near Wishaw on 23 May 2010.

Robert Bayne, 21, of Cambusnethan, Wishaw, denies murdering Miss Nelson.

Consultant pathologist Julia Bell told the jury in his trial at the High Court in Edinburgh the prospect of a full post-mortem examination was "limited".

Dr Bell described how she was taken to a woodland clearing on the outskirts of Wishaw to view the body.

It is alleged that Robert Bayne murdered Miss Nelson there on 22 May 2010 then set her body alight.

Dr Bell said it was not possible to completely exclude the possibility that setting the teenager on fire had killed her but added "the findings are not suggestive of this".

She said the natural instinct of a person on fire would be to move, but there was no evidence of this - probably because Miss Nelson was unconscious or already dead.

Plastic bag

There was not enough soot in her airways to show she had still been breathing and blood tests which might have provided proof were impossible.

The trial heard that Miss Nelson had a plastic bag over much of her face when found.

Dr Bell said some form of throttling or suffocating, either caused by the bag or pressure to her face or neck, was the most probable cause of death.

Injuries found on her body - such as bruising inside her lip, two black eyes and bleeding inside her skull - could possibly be explained by the effects of heat, the court heard.

Dr Bell told the jury: "There were findings at post-mortem consistent with assault, with such a manner of death in keeping with the circumstances in which her body was found.

"As to the actual mechanism of her death, perhaps the most likely cause has been some form of asphyxia."

She added: "I cannot exclude the possibility that sharp force injury has been the cause of her death, or blunt force trauma."

The cause of death was recorded as "unascertained". Tests for drugs were negative and there were only tiny traces of alcohol in Zoe's body, the trial heard.

Dr Bell said natural disease had played no part in her death.

Covered up

Mr Bayne denies murder and attempting to defeat the ends of justice.

He is accused of attacking Zoe Nelson with a knife at Monkey Hill, near Branchalfield Drive, Cambusnethan, putting a plastic sheet over her head to restrict her breathing and then setting fire to her on 22 May 2010.

He also denies an earlier attack on her by punching her on the head and scratching her and, on another occasion, committing a breach of the peace by threatening her.

It is also claimed that after the murder, he tried to cover up his alleged crime by setting fire to Zoe's body, washing his clothes, dumping her mobile phone and telling police that someone else was responsible.

It is also claimed he disclosed the whereabouts of Zoe's body to her sister, then threatened her and implied he would kill her if she told what she had seen.

Zoe Nelson murder accused 'took sister to see body'

BBC.co.uk

March 14, 2011

The sister of a teenager whose burned body was found in woods in Lanarkshire has told a murder trial the accused took her to see the dead body.

Laura Anne Nelson, 17, said she met Robert Bayne who told her he had "something to show her".

Miss Nelson told the High Court in Edinburgh he took her to an area, known locally as Monkey Hill, where he pointed out Zoe Nelson's body.

Robert Bayne, 21, denies murdering Zoe Nelson in May last year.

Laura Anne Nelson, who gave evidence behind a screen, said she knew the body was that of her sister because of a Rangers tattoo.

The trial has already heard that the last time Miss Nelson saw her sister Zoe, the pair had fought because both were involved with Robert Bayne.

Miss Nelson said she had gone to Mr Bayne's grandmother's house in Cambusnethan, Wishaw, the day after Zoe disappeared, to return some clothes.

She described the accused as appearing "jumpy" and said he had dried dirt on his hands and face and was drinking vodka.

The witness told advocate depute Lesley Shand QC that when the pair left the house together, Mr Bayne had said he had "something to show her".

Miss Nelson added: "He took me to show me where Zoe was."

'Telling lies'

She said that among the grass and trees she saw Zoe's blackened body.

"He pointed it out," she told the trial.

The jury also heard how Miss Nelson claimed in a statement to police that Robert Bayne had threatened that she would get "the same as Zoe" if she revealed what he had done.

Zoe Nelson's body was found later that day by a man riding a bike in the area.

Laura Anne Nelson told defence agent Neil Murray QC that she could not explain why she had not told police immediately about the incident.

She denied his suggestion that she was "telling lies" about being taken to her sister's body.

Mr Murray asked her if she had been frightened when she spoke to police about her sister's death.

"A wee bit", she answered, adding that she had been threatened by Mr Bayne.

Mr Bayne is accused of attacking Zoe Nelson with a knife at Monkey Hill, near Branchalfield Drive, Cambusnethan, putting a plastic sheet over her head to restrict her breathing and then setting fire to her on 22 May 2010.

He also denies an earlier attack on her by punching her on the head and scratching her and, on another occasion, committing a breach of the peace by threatening her.