The death of a 23-year-old man in Lochgelly remains a mystery after the Sheriff Principal was unable to determine who delivered the fatal stab wound.
Colin Marr died of a single stab wound to the chest which punctured his heart after an argument with his girlfriend, Candice Bonar, at his home in Johnston Crescent on July 10, 2007.
A fatal accident inquiry was held at Dunfermline Sheriff Court over nine days in February and March to investigate the circumstances surrounding his death.
However Sheriff Principal Alastair Dunlop QC’s determination was inconclusive an outcome he described as “most unsatisfactory.”
He said in his report, “There is no evidence beyond that from Candice Bonar in relation to this matter and in these circumstances I am left in the position of having to conclude that there is an insufficient evidential basis to allow me to say that one explanation for the fatal wound is any more likely than the other.
“I cannot say that Colin Marr probably stabbed himself but nor can I say that he probably did not. It follows that there is no basis for saying that Candice Bonar probably stabbed him.”
The Sheriff Principal said it was important the inconclusive outcome was not interpreted as undermining Miss Bonar’s presumption of innocence.
He said, “In light of the evidence I have heard, I doubt whether there are any other useful lines of investigation which could be pursued and I see no basis for thinking that further investigation would cast any more light on the circumstances of the death.
“In many ways this is a most unsatisfactory outcome but perhaps not unpredictable.”
Mr Marr and Miss Bonar were engaged and lived together on Johnston Crescent. During the engagement Mr Marr had a relationship with another woman, Roxanne Burns.
In the weeks leading up to Mr Marr’s death Miss Bonar was made aware of a message on Mr Marr’s profile on Bebo.
The report said, “His profile on his Bebo site showed his status as ‘engaged’, which was a status which had not been disclosed to Roxanne Burns during their relationship. The tenor of the message posted by her was that she could not believe that he (Colin Marr) was engaged and that she felt sorry for the girl he was engaged to.”
When questioned by Miss Bonar, Mr Marr denied knowing anyone called Roxanne Burns.
Miss Bonar tried to find out for herself if Mr Marr and been in a relationship with Miss Burns.
While at a barbecue at Rebecca Aitchison’s house in Loanhead, Miss Bonar went online and read a message sent to her from Miss Burns confirming her suspicions. She left without confronting Mr Marr and went to her parents’ home in Ballingry.
In the following days, Miss Bonar tried to elicit the truth from Mr Marr, but he was concerned that owning up would threaten their relationship.False emailThe day before his death, Mr Marr sent a false email supposedly from Miss Burns stating there was no truth in her earlier message.
Miss Bonar had read the message before she arrived at Johnston Crescent on the evening Mr Marr died. She arrived at Johnston Crescent between 7.22pm and 8.02pm.
While there she phoned Miss Aitchison, who said she had spoken to a friend who knew Miss Burns and had been told the allegation about the relationship was true.
The Sheriff Principal’s report said, “Following this call Candice Bonar and Colin Marr had a heated verbal exchange, during the course of which Candice Bonar took off her engagement ring and threw it to the floor of the kitchen, telling Colin Marr that their relationship was over.”
The report adds, “At some point Colin Marr attempted to prevent Candice Bonar leaving and either then or at some other point took hold of and gripped her arms above the elbow.
“At some point during this period Candice Bonar hit Colin Marr either on the head or the upper part of his body with her handbag.
“At about 8.13pm Candice Bonar knocked at the door of her next-door neighbour Craig Martin and then on the door of her neighbours across the street, the Emslie family.
“By the time Mr Martin answered his door Candice Bonar was returning across the street from the Emslies.
“She was upset and stated that Colin Marr had stabbed himself. She asked Mr Martin to call an ambulance.”
The report stated that Mr Marr had taken cocaine at some point in the two days before his death and that on the day he had appeared “withdrawn into himself.” He had no known history of mental illness.