Police ScotlandA killer was convicted of murder after the same jury initially found her guilty of a lesser charge.
Stacey Balfour faces a life sentence for her part in the fatal stabbing of Robert Fisher at flats in Paisley in July 2023.
The 24-year-old and then boyfriend Cameron Woods, 27, were both found responsible for the murder following a trial at the High Court in Glasgow.
Prosecutors stated it was Woods who knifed the 26-year-old with Balfour “acting in concert” with him knowing there would be violence.
The pair will find out the minimum they will spend behind bars when they return to the dock next month.
But, in an unusual set of events, jurors on Friday afternoon had first returned a guilty verdict to the lesser crime of culpable homicide in connection with Balfour.
Lady Hood went on to ask the jury to leave the courtroom while legal discussions then took place.
The judge along with the prosecution and Balfour’s legal team – led by KC Thomas Ross – all agreed the verdict was “incompetent in law” and “inconsistent” with Lady Hood’s earlier legal directions to jurors.
Advocate depute Erin Campbell stated there had been “no room in the evidence” against Balfour for a culpable homicide conviction.
Mr Ross later added it appeared the jury had clearly “not been convinced beyond reasonable doubt” Balfour was guilty of murder.
As such, the defence advocate said the verdict against Balfour then should be one of acquittal.
After further legal talks, Lady Hood spoke to jurors and confirmed the culpable homicide decision “cannot be accepted”.
After more legal directions, she then asked they restart their deliberations.
The jury eventually came back again late on Friday and this time convicted both Balfour and Woods of murder.
They were remanded in custody pending sentencing.
The killing occurred after all three had been with others at a flat at the tower block.
A witness said Woods had been seen at one stage with a large kitchen knife.
Balfour meantime had shown someone the small lockback blade later used in the killing. It had been attached to a set of keys.
The court heard the atmosphere later became “volatile” between those at the flat including Mr Fisher.
In her speech to jurors, prosecutor Miss Campbell said it was clear “the situation escalated”.
She said this eventually led to Mr Fisher being stabbed “in what amounted to a murderous attack”.
The victim managed to stagger out of the flat with blood on his face and down his T-shirt.
A man dialled 999 as Mr Fisher groaned in the background: “I have been stabbed.”
He was rushed to the Queen Elizabeth University Hospital in Glasgow but he never recovered and passed away there four days later.
The court Mr Fisher had suffered five separate stab wounds as well as possible defensive injuries.
Miss Campbell put to jurors: “If you are trying to strike someone in the head or chest then there are only two possibilities.
“Either you are deliberately trying to kill the person.
“Or you are so angry and wild in the moment, you have total disregard if the person lives or dies.”
The advocate depute stated Mr Fisher had been subjected to a “frenzied attack”.
Woods was later stopped by police at a cycle track. He was found with the murder weapon which had Mr Fisher’s blood on it.
Balfour had initially told officers that the last time she had seen Mr Fisher was when he left the flat with another man.
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