The murder of Zoe Nelson was committed in the Cambusnethan suburb of Wishaw, North Lanarkshire, Scotland on 22 May 2010. Seventeen-year-old Zoe Nelson's extensively burned remains were found in woodland near a colliery spoil heap known locally as Monkey Hill after her killer constructed a pyre in an attempt to destroy evidence.

Forensic pathologist Julia Bell told the High Court of Justiciary in Edinburgh that the possibilities for a full post mortem were "limited" because the body was too badly burned, but that "some form of throttling or suffocating was the most probable cause of death, which was recorded as 'unascertained'".

During their enquiries, police used new media for the first time in a murder investigation, in an effort to reach out to local teenagers who may otherwise have not wanted to communicate with the police. During the trial it also emerged that the victim's sister had withheld the identity of the killer for five days.

On 25 March 2011, 21-year-old Robert Bayne was found guilty of her murder and of a second charge of attempting to defeat the ends of justice. The judge deferred sentencing for psychiatric and social background reports to be prepared. On 27 April 2011 Bayne was sentenced to life imprisonment, with a minimum term of twenty years, for the murder and six years, to be served concurrently, for the second charge.

Murder

Disappearance

Zoe Nelson was a seventeen-year-old motor vehicle repair student at Motherwell College, who lived with her mother, stepfather and younger sister at Crindledyke Crescent, Newmains, on the eastern edge of Wishaw.

Both Nelson and her 16-year-old sister Laura Anne were involved in relationships with the same man, 20-year-old Robert "Rab" Bayne, who lived with his grandparents in Harper Crescent, Cambusnethan, although the elder sister was also dating another local man, Ross Hemphill.

Marieann Nelson, the girls' mother, described how the sisters had argued about Bayne outside the family home at around 5pm on 22 May. She said: "Laura Anne ran out and flicked Zoe's hair and tried to slap her face and the two of them ended up having a fight at the end of the driveway. I split it up. I said 'Go away you cow and don't come back'. She said she wouldn't come back." Isobel Park, Nelson's stepsister, said Zoe and Bayne seemed "a bit intoxicated" and that Laura Anne had been upset as "she was supposed to be seeing Rab as well."

Zoe walked off with Bayne, who was drinking from a bottle of tequila, and was not seen alive by her family again. At 5pm on 24 May, after police had announced the discovery of a body, Mrs. Nelson reported her daughter as a missing person.

Body discovered

At 4.20pm on Sunday 23 May 2010 an off-road motorcyclist spotted what he initially described as "a sort of charred tailor's dummy" in woodland at Monkey Hill, near Branchalfield Drive, Cambusnethan, Wishaw.

As he approached he realised that it was actually a corpse. In his subsequent testimony he explained: "At first I thought it was a mannequin and what struck me was the leg, possibly the left leg. I could see bone there. Tailor's dummies don't have bones." The body was extensively charred, and he was unable to tell if it was that of a male or female. He immediately went to his nearby home and telephoned the police to report the discovery. When the police arrived he led them to the scene, which Detective Sergeant (DS) Clifford Neil of Strathclyde Police described as "gruesome." The body lay on a makeshift pyre and had heavy duty plastic sheet partly melted on to the facial area.

Strathclyde Police launched a murder inquiry, led by Detective Superintendent (D/Supt) Derek Robertson of the force's Major Investigation Unit, on 24 May following the results of a post-mortem examination.

Murder inquiry

Forensic examination

Near the body was the cap from a bottle of "Sierra Silver" tequila, in the shape of a red plastic sombrero, and a corresponding empty bottle was found on the other side of a small path nearby. Near one foot police found another bottle which was tested for traces of an accelerant.

Laura Wilcock, a forensic scientist with specialist expertise in examining suspicious fires, concluded that the body could have been burning for up to seven hours, and very little of it was undamaged by the burning. The palm of the right hand remained relatively undamaged and this was swabbed for DNA evidence.

The extensive burning of the body hampered pathologists from ascertaining a cause of death, and Dr. Julia Bell, a forensic pathologist at the University of Glasgow Medical School said that the possibilities for a full post mortem were "limited". Bell said she was unable to completely exclude the possibility that setting the teenager on fire had killed her but believed "the findings [were] not suggestive of this": while the natural instinct of a person on fire would be to move, there was no evidence of this, probably because Nelson was unconscious or dead. Examination of Nelson's respiratory tract did not demonstrate soot in the quantities which would indicate she had still been breathing and scientists had been unable to carry out blood analysis which might have provided further proof.

Examination of the tequila bottle found near the body found a mix of Nelson's blood and adipose tissue on the bottle. Forensic scientist Marie Campbell stated that this was normally the result of a wounding injury causing bleeding and body fat to become mixed, and that similar results were observed on knives examined after stabbings. In this instance, the stains on the tequila bottle "did not have the distinctive pattern she would have expected" if the bottle had been used directly as a weapon.

When found, the body had a plastic bag partly melted over much of the face, bruising inside the lip, two black eyes and bleeding inside her skull. Pathologists said "some form of throttling or suffocating was the most probable cause of death" and she may have been suffocated with the plastic bag or there might have been pressure applied to the neck.

Bell said: "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. 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 officially recorded as unascertained.

Police enquiries

On 24 May D/Supt Robertson said: "[Zoe] was a popular girl and well known in the area. From our enquiries so far, we know Zoe left home on Saturday evening around 5pm. We would obviously be very keen to find out where she was, and who she was with, between then and 4.20pm on Sunday. She was last seen wearing grey tracksuit bottoms, a white, long sleeved T-shirt and black Nike trainers... We will interview friends, her boyfriend and all her associates." Ross Hemphill, who hadn't seen Nelson on the day of the murder, was interviewed by detectives and ruled out as a suspect.

Police began checking CCTV and telephone records as well as interviewing friends and family and carrying out house-to-house enquiries. Witnesses reported seeing a fire on Monkey Hill at around 11.20pm on the night of the murder. D/Supt Robertson said: "We know there was a fire at 11.20pm on Saturday in exactly the spot where Zoe was found. You would need local knowledge to go there. We firmly believe the answers in this case lie in this community... It had only got dark at 10pm and it was the hottest day of the year so there must have been people around this area."

Use of "new media"

On 26 May police said that there had been "a poor response to their appeals" and launched a dedicated email address and SMS text number, citing concerns that witnesses may have been too afraid to come forward.

Adding that they hoped the move would "tempt witnesses from the so-called 'Bebo generation'" to become involved in the inquiry, they noted that "dozens of people have flooded Zoe's page on the social networking site with tributes" and officers were "desperate to tap into their local knowledge". D/Supt Robertson said: "The response so far has been slower than we would have liked... We hope that by offering new ways to contact the investigation team more people will come forward."

Detective Constable (DC) Jennifer Bell, who had previously been seconded to the Metropolitan Police Service's SO15 Counter Terrorism Command, was brought into the inquiry to examine hours of recovered CCTV footage for sightings of Nelson. DC Bell, who had also used her skills in the aftermath of the 7 July 2005 London bombings and the 2007 Glasgow International Airport attack, eventually located an image of Nelson taken inside a Scotmid Co-operative store on Manse Road, Newmains at 5.30pm on 22 May.

Police also received a confirmed sighting of her at 5.40pm on Cambusnethan Street, walking towards the Cambusnethan area. The CCTV stills of Nelson were released to the public on 27 May to jog potential witnesses' memories and police also announced that they had set up a page on Bebo "in a bid to engage with young people who may know something which could be useful to the inquiry" particularly those teenagers who may have been reluctant to speak directly to police.

D/Supt Robertson explained that the police were using new media for the first time in a murder investigation as they believed that many of those who knew Nelson were teenaged or younger and may not have wanted their parents to know where they were at the time or what they were doing. He reassured potential witnesses that: "If there are people out there underage drinking, I don't care. If there are people where they shouldn't be, I don't care. This is a violent murder investigation and we need to solve it."

Sightings

By 28 May several witness reports had been received by the police. One sighting of Nelson, at 5.15pm, reported that she had been with a man who was "very drunk" and was being violent towards her, "punching her on the head".

Another witness said he saw Nelson walk past his garden in Newmains in the company of a man with a tattooed face. A third witness had seen Nelson and a man of similar appearance in Newmains, and said: "He just looked angry," punching a lamp post as he walked past and saying he was going to "kill some cunt tonight."

One witness said he had overheard the man, who was "angry and agitated," saying that he would "end up killing someone tonight."

Another witness heard him tell Nelson: "This is all your fucking fault" while pointing angrily in her face. A fourteen-year-old girl also saw the pair together "boozing behind Newmains Asda." She said he was bare-chested and sunburnt and told her his name was "Rab Bayne" and had "asked me to rate his body, like out of ten." She described how the pair were drinking alcohol that they claimed was stolen - the male drinking tequila and Nelson drinking vodka.

A passer-by reported seeing Nelson with a man with a facial tattoo outside the Scotmid store in Newmains, where she was rubbing suntan lotion into his sunburned back which was "red as a lobster". He said: "She didn't look too happy. I thought it was a boyfriend-girlfriend thing. They must have got something in the shop, sun tan lotion, because as they were walking away the girl was rubbing something onto his shoulders."

A shirtless, sunburned man with a tattooed face was also seen "wandering aimlessly" in Cambusnethan on the evening of 22 May, attracting the attention of a family who had gathered to watch the 2010 UEFA Champions League Final on television. One of the group said: "What attracted attention was his hairstyle and his back was very, very red from the sun."

Police also received information that Robert Bayne had telephoned an acquaintance on 24 May and asked for help to "batter" the last people to see Nelson. Crucially, the call was made before the body had been identified. The witness said: "He asked me to help him batter [Ross Hemphill and Stewart Campbell, who he claimed were the last to see Zoe]. I don't know why he said this because we didn't know it was Zoe who was found."

Arrest of Robert Bayne

Just before 6pm on 28 May Robert Bayne walked into the police incident caravan at Wishaw and said he wanted to make a statement. The officer on duty, PC Robert Davie, said: "The male appeared to be quite intoxicated. He was slurring his words." Bayne said he had been to Motherwell several days previously and on the return journey a man called Stewart Campbell had got onto the bus. He told PC Davie: "I went up to Stewart Campbell and said to him 'Were you with Zoe on Saturday night?'" to which he claimed Campbell replied: "Aye, I killed her." As Bayne began to give a description of Campbell, police detectives walked into the caravan and immediately detained Bayne by snapping handcuffs on him.

On the morning of 29 May Strathclyde Police issued a statement saying: "A 20-year-old man has been arrested and is presently detained in police custody in connection with the death [of Zoe Nelson]. A full report will be sent to the Procurator Fiscal." Bayne was detained in custody to appear at Hamilton Sheriff Court on 1 June 2010.

At the subsequent brief court hearing Bayne made no plea or declaration and was remanded in custody. During police interviews following his arrest, Bayne insisted that the last time he had seen Nelson was on the morning of 22 May "after a chance meeting, when he went to a local newsagent to buy cigarettes." He claimed he then spent the rest of the day at home in Cambusnethan.

At a preliminary hearing at the High Court of Justiciary in Edinburgh on 1 December 2010, Bayne entered not guilty pleas to all charges. A trial date was set for February 2011. On 8 January 2011 Bayne was transferred to HMP Greenock where he was segregated from the main prison population for his own safety.

DNA evidence

Tests on the swab taken from Nelson's hand demonstrated the presence of Nelson's DNA and traces from another person which were found to match parts of Bayne's DNA profile. DNA matching Nelson's and Bayne's was found on both the tequila bottle and its lid found near the body. Marie Campbell suggested the explanation for the presence of the DNA inside the lid was that both had been drinking from the bottle, then put the cap back on. She also said that the odds against the DNA in the plastic sombrero lid coming from anyone but Bayne were 9.6 million to one.

Trial

The trial was held over fifteen days at the High Court, Edinburgh in March 2011. Bayne was charged "that in a wooded area near Branchalfield Drive, Cambusnethan, [he] assaulted Zoe Nelson, of Newmains, striking her on the body with a knife, repeatedly hitting her, putting a plastic sheet over her head to restrict her breathing and by means unknown injuring her and setting her on fire." He was further charged with attempting to defeat the ends of justice in that he washed or disposed of clothes he had worn at the time of the alleged murder, that he disposed of Nelson's mobile phone and that he threatened her sister Laura Anne. Bayne elected not to take the witness stand during the trial.

Testimony of Laura Ann Nelson

It emerged during the trial that Nelson's sister Laura Anne had been shown Zoe's body by Bayne on the morning after her murder, but had kept this information from the police for five days. Laura Anne, who gave her evidence from behind a screen to prevent her from seeing Bayne, did not relay the information until she made her third statement to the police on 28 May, the day of Bayne's arrest.

Laura Anne said that she had gone to Bayne's address on the morning after Nelson disappeared in order to return some articles of clothing to him. When she arrived she said he appeared "jumpy" and was drinking vodka. Shortly after that, the two had left the house and Bayne told her he had "something to show her". She said that he led her to the area where he had killed Nelson and pointed out the blackened body. She said she knew it was her sister because she recognised a Rangers F.C. tattoo on her arm.

In her statement she said: "At Monkey Hill Rab said to me 'I hit her with my hands. She tried to hit me back.' Rab also said 'I burned her with petrol.'" She testified in court that she had kept silent because she was terrified of Bayne, although Neil Murray QC, for the defence, produced other police statements in court in which she denied she had been threatened, admitted she had been out with Bayne on the day after the body was discovered, and had also subsequently visited Bayne and spent some time in his bedroom listening to music. She also spent about an hour on the telephone to him.

A friend also "described her as happy and normal" during the period of silence. When asked why she hadn't told the police when she was first interviewed, she said: "I did not tell them about this because I was scared my mum would not believe me and think it was me who killed Zoe." Bayne's grandmother testified that on the day the body was discovered, Laura Anne did not visit and he did not leave the house except to go with her to a local supermarket.

Verdict

On 25 March 2011 the jury of seven men and seven women returned unanimous verdicts of guilty on both charges. As the verdicts were read out, handcuffed Bayne fought with security guards and police officers, headbutting one of them, and shouted abuse at Laura Anne Nelson: "You have fucking got me for fuck all. You're a fucking wee cow. You're dead." He was forced to the ground in the dock as the judge Lady Dorrian QC left the bench and ordered the public to be cleared from the court. The hearing eventually continued without Bayne who was detained in the court cells below.

Sentencing was deferred for social background and psychiatric reports. On 27 April 2011 Bayne was sentenced to life imprisonment, with a minimum term of twenty years, for the murder and six years, to be served concurrently, for the second charge. He is currently detained at HMP Edinburgh.

Appeals

Bayne launched an appeal against his conviction in August 2011, alleging a lack of evidence about Nelson's cause of death. The appeal was subsequently abolished.

Bayne then appealed against his sentence, claiming the 20-year minimum term was excessive. The appeal was dismissed on 6 January 2012 by Lord Reed and Lord Brodie at the Court of Criminal Appeal in Edinburgh.

Reactions

Following the verdict, it was revealed that Bayne had been released from prison after he had served an 18-month sentence for assault and robbery in Hamilton, just seven weeks before he murdered Nelson. He had previously been imprisoned on four occasions, following convictions for drugs charges, assault and theft.

D/Supt Robertson gave a statement to the media after the verdicts were delivered, saying: "Zoe Nelson was a young 17-year-old girl with everything to live for. She had many friends and a loving family in Newmains. Robert Bayne ruthlessly took her life and tried to dispose of her body in a cold-blooded attack. This was a particularly horrific crime and now that Bayne has been convicted, Zoe's family and the local community can hopefully try and move forward knowing [he] will not be a threat for a considerable period of time. He showed no remorse for his vile actions or the effect this murder had on Zoe's close family, who remain devastated by her loss. 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."

Lady Dorrian said: "This has been... a somewhat distressing case and a stressful one." Nelson's uncle told reporters: "It's a relief to know he's in prison but it's not justice. He should be tortured like he tortured Zoe." Bayne's grandmother said: "I am so incredibly sorry about what happened. The lives of two families have been ruined by this tragedy."

Wikipedia.org

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.

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