Medical expert says dog lead attack could be linked to fatal heart attack
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An Inverness businessman who collapsed and died after a dog lead attack by his neighbour had such significant heart disease he could have had a heart attack at any time.
But a forensic pathologist who carried out a post-mortem with a colleague on 55-year-old garage proprietor John Birrell the day after his death on August 17, 2020 said that "there could be a link" between the stressful altercation he had and his cardiac arrest.
Dr Leighanne Deboys was giving evidence in the third day of the High Court trial in Inverness of 66-year-old retired eye surgeon Hamish Towler, of the Blackpark area of Inverness.
Towler denies the culpable homicide of Mr Birrell by blocking the Birrell's van's path, hitting it with the dog lead, before striking Mr Birrell with it on the face.
It is stated Mr Birrell suffered a cardiac arrest and died as a result.
Towler also denies a breach of a bail condition restricting his movements on the access road to their neighbouring properties.
Towler, who is represented by Shelagh McCall KC, has lodged a special defence of self-defence.
He claims Mr Birrell verbally abused him and punched him several times.
Dr Deboys said: "A stress response is where the adrenaline increases which gets the heart rate increasing but there is insufficient oxygen and this can trigger a cardiac response.
"He had such heart disease that he could have had a heart attack at any time. But additional strain is placed on the heart in stressful situations."
Under cross examination by Ms McCall, she said she could find no injuries on Mr Birrell consistent with a blow by a dog lead to his face or a punch to his stomach which has been alleged by family members in previous evidence.
The doctor also agreed that Mr Birrell could have had an attack-causing blood clot which wasn't found as it may have been cleared by the CPR applied after his collapse on the patio of his home.
She also confirmed that Mr Birrell could have had a sudden rhythm problem with his heart which again, Dr Deboys said, she would not have discovered evidence of post-mortem.
The trial before Lord Fairley will not sit on Monday and resumes on Tuesday.
