Pair celebrated after attacking man who later died in hospital

Two men laughed and celebrated after attacking a 43-year-old father who later died in hospital, a court has heard.

Simon Roberts, 38, and Sean McKie, 37, have been convicted of murdering Malcolm McCandlish in Irvine, Ayrshire, in September 2024.

The High Court in Glasgow heard how McCandlish had approached the pair, along with his sister's partner Jason Pendlebury, after McKie earlier slapped his sibling Margaret McCandlish.

McCandlish was punched to the ground by Roberts before the pair knocked Pendlebury unconscious. Roberts then repeatedly headbutted McCandlish before McKie kicked him in the head.

Roberts then smiled and slapped McKie on the back as they walked away after McKie imitated the kick he had just carried out.

The two men then posed for a smiling selfie in a pub which was uploaded to social media 30 minutes later.

Roberts and McKie face a life sentence after being found guilty of murdering McCandlish, following a trial.

They were also convicted of assaulting Pendlebury to his permanent disfigurement.

The court heard that the two men had spent the day together, having met by chance in Irvine town centre.

They initially went to a pub before visiting McCandlish's sister Margaret at her home in Irvine.

Jurors heard that McKie slapped her while Roberts looked on.

Once the men had left her home, she told her brother and partner what had happened.

Later that day, McCandlish and Pendlebury approached Roberts and McKie in the street and asked about the incident.

Roberts responded by hitting McCandlish with a "full-force punch" which caused him to fall to the ground before knocking Pendlebury unconscious.

McKie then kicked Pendlebury while he was on the ground while McCandlish got back to his feet.

Prosecutor Michael McIntosh told jurors: "Roberts held Malcolm while delivering ferocious headbutts all while holding the back of his head or scruff of the neck.

"The video shows as he does this, he is forcing Malcolm against a parked car to the ground.

"While Malcolm is on the ground, Roberts still has a hold of him.

"As Malcolm hit the ground, he is by that point clearly unconscious."

CCTV footage played to the court then showed McKie kick McCandlish in the head.

In describing the pair leaving the scene, the advocate depute said a "smile" could be seen from under Roberts' cap.

He added: "McKie kicked the air while Roberts slaps him on the back and - as a detective constable put it - it was an act of celebration."

As well as showing the pair smiling in a selfie 30 minutes after the attack, there was also evidence of Roberts "laughing" at press reports of McKie being granted bail after an initial court hearing.

In explaining a motive for the attack, McIntosh said: "These were two men looking out looking for trouble, behaving like thugs itching for a fight."

Jurors heard that McCandlish died in hospital from a brain injury two weeks after the attack.

A doctor said the injury was "the type clearly caused by the fall and likely sustained when Malcolm hit the ground."

It was further claimed that McCandlish would have died within hours or days if he had not had surgery.

Roberts, a painter and decorator, claimed he was acting in self-defence.

He said McCandlish "threatened to stab" him and McKie.

He also said he thought Pendlebury had "something in his hand as well."

When asked by his counsel Graeme Brown how he felt when he found out McCandlish had died, Roberts replied: "Devastated. I have still not got over it."

Brown said: "Did you care whether he lived or died?" Roberts replied: "Of course."

It was revealed that Roberts has five previous convictions for assault which includes one to severe injury and permanent disfigurement which involved the use of a knife.

He was last jailed for 14 months in 2021 for an assault which involved a blunt item.

McKie has four previous convictions for assault which included a 2011 case with the use of knives.

Lady Drummond deferred sentence to next month pending background reports.

"There is only one sentence for murder which is life imprisonment which is what I will be imposing," she said.