Attack and Celebration After Fatal Assault
Two men laughed and celebrated following an assault on a 43-year-old father who later died in hospital, a court was told.
Simon Roberts, 38, and Sean McKie, 37, were convicted of murdering Malcolm McCandlish in Irvine, Ayrshire, in September 2024.
The High Court in Glasgow heard that McCandlish had confronted the two men, accompanied by his sister's partner Jason Pendlebury, after McKie had earlier slapped his sister, Margaret McCandlish.
Roberts punched McCandlish to the ground before the pair knocked Pendlebury unconscious. Roberts then repeatedly headbutted McCandlish while holding the back of his head, and McKie kicked him in the head.
After the attack, Roberts smiled and slapped McKie on the back as they walked away, with McKie mimicking the kick he had just delivered.
The two men later took a smiling selfie in a pub, which was posted on social media approximately 30 minutes after the incident.
Details of the Assault and Court Proceedings
Roberts and McKie face life sentences following their conviction for the murder of McCandlish after a trial.
They were also found guilty of assaulting Pendlebury, resulting in permanent disfigurement.
The court heard that the two men had spent the day together after meeting by chance in Irvine town centre. They initially visited a pub before going to Margaret McCandlish's home.
During the visit, McKie slapped Margaret while Roberts observed. After leaving, Margaret informed her brother and partner about the incident.
Later that day, McCandlish and Pendlebury approached Roberts and McKie in the street to inquire about the earlier incident.
Roberts responded by delivering a "full-force punch" to McCandlish, causing him to fall to the ground, before knocking Pendlebury unconscious. McKie then kicked Pendlebury while he was down, and McCandlish managed to get back to his feet.
Prosecutor Michael McIntosh described the attack:
"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 shown in court captured McKie kicking McCandlish in the head.
Regarding the pair leaving the scene, the advocate depute noted a "smile" visible beneath Roberts' cap.
"McKie kicked the air while Roberts slaps him on the back and - as a detective constable put it - it was an act of celebration."
In addition to the selfie, evidence showed Roberts "laughing" at press reports about McKie being granted bail after an initial court hearing.
On motive, McIntosh stated:
"These were two men looking out looking for trouble, behaving like thugs itching for a fight."
Jurors learned that McCandlish died in hospital from a brain injury two weeks after the attack.
A doctor testified that the injury was "the type clearly caused by the fall and likely sustained when Malcolm hit the ground." It was further stated that without surgery, McCandlish would have died within hours or days.
Defence and Previous Convictions
Roberts, a painter and decorator, claimed self-defence, stating that McCandlish "threatened to stab" him and McKie. He also said he believed Pendlebury had "something in his hand as well."
When questioned by his counsel Graeme Brown about his reaction to McCandlish's death, Roberts replied:
"Devastated. I have still not got over it."
Brown asked, "Did you care whether he lived or died?" to which Roberts responded:
"Of course."
It was revealed that Roberts has five previous assault convictions, including one involving severe injury and permanent disfigurement with a knife. He was last imprisoned for 14 months in 2021 for an assault involving a blunt object.
McKie has four prior assault convictions, including a 2011 case involving knives.
Lady Drummond deferred sentencing to the following month pending background reports.
"There is only one sentence for murder which is life imprisonment which is what I will be imposing," she said.
