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New jury chosen in Angelika trial Angelika trial hears of love note
(about 4 hours later)
The trial of a man accused of the murder and rape of Polish student Angelika Kluk in Glasgow has restarted. The jury in the Angelika Kluk murder trial has heard about a love note found in the Polish student's bedroom.
A new jury was sworn in at the High Court in Edinburgh to begin hearing evidence against Peter Tobin. The message signed "Martin" was written in a novel found in the room where she stayed in a Glasgow church.
The 60-year-old denies killing Ms Kluk, 23, in St Patrick's Church, Anderston or elsewhere, last year and trying to hide her body under the chapel floor. A photo of the find was among a series of pictures and diagrams shown at the trial of Peter Tobin, 60, at the High Court in Edinburgh.
On Monday, the trial was abandoned when judge Lord Menzies discharged the jury due to "technical reasons". He denies killing Ms Kluk, 23, in St Patrick's Church, Anderston, or elsewhere, last September.
After the charges against Mr Tobin were read to the new jury they heard a document lodged by his defence team, led by Donald Findlay QC. The note was found in a copy of the classic Harper Lee novel To Kill a Mocking Bird, beside a desk in the room in the staff quarters of the Roman Catholic church.
The "special defence" claimed that between 24 and 29 September last year the accused "had sexual intercourse with Angelika Kluk with her consent at a time when she was capable of giving her consent". An inscription in the book read: "To Angela. I will always carry your song in my heart. You are my aghrai. I will always love you."
The murder charge against Mr Tobin alleges that between 24 and 29 Septmber of last year at the Roman Catholic church in William Street, he attacked Angelika - who had been living at the chapel. Police photographer Nicholla Brunt told how she took the pictures on 28 September before Ms Kluk's body had been found.
'Struck repeatedly' The jury has seen views of the church interior, exterior and attached buildings such as a garage and the staff quarters.
Earlier, a new jury was sworn in after the trial was abandoned on Monday for "technical reasons".
The murder charge against Mr Tobin alleges that between 24 and 29 September of last year at the church in William Street, he attacked Ms Kluk.
'Repeatedly struck'
The charge says he gagged her with cloth and tape, tied her hands, raped her and battered her with a piece of wood or something similar, and repeatedly struck her with a knife.The charge says he gagged her with cloth and tape, tied her hands, raped her and battered her with a piece of wood or something similar, and repeatedly struck her with a knife.
A charge of attempting to defeat the ends of justice alleges that having committed the murder Mr Tobin concealed the body under the floor of the church. It is alleged that he then hid the body under the floor of the church in an attempt to defeat the ends of justice.
In a "special defence" read to the jury Mr Tobin admits having sex with the Polish student, with her consent.
A further charge, which Mr Tobin also denies, alleges that he gave Glasgow police a false name, age and address, travelled to London and pretended to staff at the National Neurology and Neurosurgery Hospital in Queen's Square, London, that his name was James Kelly.A further charge, which Mr Tobin also denies, alleges that he gave Glasgow police a false name, age and address, travelled to London and pretended to staff at the National Neurology and Neurosurgery Hospital in Queen's Square, London, that his name was James Kelly.
Tobin also denies a breach of the peace between July and September last year by threatening Rebecca Dordi at St Patrick's Church.Tobin also denies a breach of the peace between July and September last year by threatening Rebecca Dordi at St Patrick's Church.
The trial is expected to continue for at least six weeks. The trial before Judge Lord Menzies is expected to continue for at least six weeks.