A man who subjected his friend to a torture ordeal which ended with the victim leaping to his death from a 12th-storey flat has been jailed.
Lee Smith, 37, was given an eight-year jail term on Wednesday following the death of Jamie Forbes, also 37.
The High Court in Edinburgh heard how Smith abducted Mr Forbes and held him against his will at his flat in Elphinstone Court, Aberdeen, on January 14 and January 15, 2024.
The court heard how Smith repeatedly struck his victim with a hammer and punched and kicked him during the assault.
Judge Lady Hood heard how the abuse inflicted on Mr Forbes was so bad that he had no other option but to jump out the window.
His lifeless body was found on the ground shortly afterwards at 3.25pm on January 15, 2024.
The story emerged after Smith, now a prisoner of HMP Grampian, pleaded guilty earlier this year to being responsible for Mr Forbes’s culpable homicide.
Sentence was deferred for the court to obtain reports. On Wednesday, the case called in court again for Smith to be sentenced.
Lady Hood told Smith that he needed to go to jail for his crimes. She also ordered him to be supervised by the authorities for four years following his release.
Passing sentence, Lady Hood told Smith of how members of his victim’s family had provided a statement to the court detailing how the loss of their loved one had affected them.
She said: “I’ve seen a victim impact statement which has been provided to the court by Mr Forbes’s sister.
“She has explained movingly how loved Mr Forbes was and how she found it difficult to find the words needed to covey how much their lives have been torn apart by the loss of their loved one.
“No sentence I can impose can possibly address the pain and suffering that she has felt.”
Earlier this year, prosecution lawyer Leanne McQuillan told the court of how police officers attended at the house shortly after Mr Forbes had jumped.
They found that the lock to the house had been “reversed” which would have prevented Mr Forbes from leaving.
They found Smith, who suffers from Obsessive Compulsive Disorder, washing up in his kitchen – they also found bloodstains throughout the house.
Ms McQuillan added: “The accused’s behaviour began to fluctuate dramatically, one minute he would be extremely agitated then the next, docile, eating chocolate and drinking milk.
“In discussion with police and in answer to their questions, the accused informed the officers that he was refusing to clean up the blood in the living room as it wasn’t his and he was waiting for the deceased to do it.
“The accused became upset and went through to the kitchen attempting to clean further stating he had OCD and had to be restrained briefly by PC Stevenson to stop.
“It was then decided the accused was to be arrested.”
Ms McQuillan said that Mr Forbes was last captured on CCTV entering the block on January 14, 2024.
Ms McQuillan said that at 8.15am on January 15, a contractor working nearby heard a “male voice” shouting for the police. He thought it was coming from between the tenth and 16th floor of the block.
At the same time a nearby resident also reported hearing a male repeatedly shouting for help but wasn’t sure where it came from. She called 999.
Lady Hood heard how just after 10am, a resident of the tenth floor heard a male voice repeatedly shouting “please help me”.
He went out onto the balcony to try and work out where it was coming from but could not see anyone. He believed the shouting was coming from above him.
Two residents who lived directly above the accused also heard shouting for help. They looked down and saw the window below was open and saw a male shouting for help and the police.
A number of other witnesses saw a male at a window of the flat with blood on his face calling for help. There were more calls made to the police.
Ms McQuillan said: “Police officers attended and made door-to-door enquiries on the sixth, seventh, and eighth floors but were not able to trace the source of the shouting.
“They left the locus advising the construction workers to call back if the shouting started again.”
The court heard that two witnesses went into the accused’s flat, arriving at 12.16pm.
The pair noticed that the handle of the front door did not look right and that it appeared as if it had been reversed.
Ms McQuillan said: “The accused became angry and told [the witnesses] that the deceased was within.
“He told them he had reversed the lock on the front door to keep him there.
“He said the deceased had stolen £40 from him and he was keeping him there for three days so he could ‘atone’ for what he had done.
“He also said he had ‘battered’ the deceased because of the stolen money.
“The deceased was seen by [the witnesses] to be lying on the living room floor in a pool of blood.
“He had multiple visible injuries including bruises and lacerations, and his face was bloodstained.
“He appeared to have soiled himself. The accused began to shout at the deceased and carried him into the bathroom.”
The court heard that the pair then heard the deceased screaming from the bathroom.
The court heard how the accused put the deceased into a bath and told one of the witnesses to watch him while he put the deceased’s clothes in the washing machine.
The court heard that the accused later helped him out of the bath, wrapped him in a towel and took him into the bedroom. The deceased lay on the bed shivering.
Ms McQuillan added: “The accused then stormed through and began assaulting the deceased in the bedroom.
“He was punching and kicking the deceased. [The witness] tried to stop it but was forced out of the room.”
Ms McQuillan added that the two witnesses then left.
The court heard that Mr Forbes then jumped from the property shortly afterwards.
Ms McQuillan said a post-mortem was carried out on Mr Forbes found injuries that were “significant and catastrophic”.
She added: “External examination noted the deceased to have multiple blunt force injuries – bruises, abrasions and lacerations to his head, face, body and all four limbs.
“Several injuries to the deceased’s face were found to be healing and thus had not been sustained as a result of the fall.
“He was also found to have incised wounds to his hands which were consistent with defensive wounds from a sharp object.
“There were extensive fractures across all aspects of his body, and severe and extensive internal injuries.”
The court heard that Smith had served several previous jail sentences for offences.
Defence advocate Mark Stewart KC said that Smith and Mr Forbes had been “friends” with each other and were “habitual drug users”.
He said: “The taking of drugs do not provide an excuse but an explanation in this case.”
On Wednesday, Mr Stewart was not available to the court. Smith was represented by Brian McConnachie KC who spoke of Smith’s drug problems.
The advocate said: “He is under no doubt that only a custodial sentence is appropriate.
“There is genuine remorse and insight into his actions on his part.”
Lady Hood said the sentence imosed on Smith reflected the fact that he took “full responsibility” for his actions.
She added: “You appear to show fill insight and high levels of remorse for your actions.”
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