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Margaret Fleming: Killer Cairney refuses to settle benefit scam claim

BBC Edward Cairney and Avril JonesBBC
Edward Cairney and Avril Jones were jailed for Margaret Fleming's murder in 2019

A man who murdered a vulnerable woman before participating in a £182,000 benefits scam is refusing to settle a proceeds of crime action.

Lawyers for Edward Cairney, 79, wanted to discuss the possibility with him of paying cash to prosecutors to avoid a full court hearing.

Cairney and Avril Jones, 61, were jailed in 2019 for killing Margaret Fleming two decades ago.

The pair were supposed to be looking after teenager Margaret.

They continued to claim £182,000 in benefits until it finally emerged that Margaret was missing in October 2016.

Police suspect the duo killed the 19-year-old at their cottage in Inverkip, Inverclyde, between December 1999 and January 2000. Her body has never been found.

Cairney's lawyers had been instructed in the benefits case following his conviction for murder.

However, defence advocate Mark Moir told judge Lord Sandison that his client was unwilling to discuss bringing the case to a conclusion.

Mr Moir added: "He categorically refuses to enter into any discussion about any settlement in this case."

Cairney and Jones are currently serving life sentences for murdering Margaret and were each ordered to spend a minimum of 14 years in prison.

The Crown is seeking £182,000 in benefits which were paid to Cairney and Jones in Margaret's absence.

Crown Office Margaret FlemingCrown Office
Margaret Fleming was last seen when she was 19

At a hearing last December, Mr Moir told judge Lord Burns that he was finding it very difficult to obtain instructions from Cairney.

He said: "He is not a well man at all. When I saw him last week he had deteriorated further to the extent that I found it extremely difficult to get anything resembling legal instructions.

"He is 79-years of age. He is in a wheelchair and he has multiple other health problems."

Jones's advocate Victoria Dow told the court at an earlier hearing that her client was "keen" to settle the proceeds of crime action.

However, she is unable to do this until Cairney agrees or is made the subject of a court ruling.

On Monday, prosecutor Dan Byrne asked Lord Sandison to continue the case to a full hearing.

Lord Sandison agreed and set proceedings for 9-10 December 2021 at the High Court in Edinburgh.