Court hears phone abuse evidence in murder case

A millionaire made infuriated threats in an enraged phone call to his brother, Toby, hours before Toby was killed, the high court heard.

Later that day, Toby Siddique, 38, was murdered in his flat on Forres Drive in Glenrothes on October 25 2010. His brother, Mo Siddiq, 34, was charged with murder and conspiracy to murder last year. The accused, Mo Siddique, was arrested under suspicion of hiring assassins. Two Bulgarian men, Tencho Andonov, 28, and Nikolov, 27, were accused of carrying out the murder.

The third brother Aleem Siddique, 40, gave evidence this week. Yesterday he told the high court that his brother had made a phone call to him after a dispute about a BMW. Mo said, “I’ll hit him.”

Advocate depute John Scullion, prosecuting, then read out his statement from October 2010 recounting the same phone call. “He’s not my brother blah, blah, blah, I’ll kill him.”

Much discussion followed on the similarity of the words “hit” and “kill” in Punjabi. At one point the judge stepped in, telling Siddique that he was right to object to the prosecution’s ‘confusing’ questions.

He said, “It’s a bit of a coincidence that the police have noted down the translation of the similar word in Punjabi that is the word for kill?”

Mr Scullion said, “I’m asking you about how the words came to be on that page. Is it your evidence on oath that the police who noted this statement simply made up these words?”

Aleem said, “I’m not saying the police officer lied but I did not say those words. Whatever happened on the 26th, the mistake is the police officer’s, the mistake is not mine.”

Derek Ogg QC, defence for, then asked “Do you feel in a difficult position coming to court with one brother murdered and one accused?”

In tears, Mr Siddique replied, “I just want justice, that’s all that matters”.

He agreed with Mr Ogg that “you would not tell lies for Mo but wont tell lies against him either”.

The examination went on to reveal that it seemed the accused had been sleeping on the night of the murder, when the witness woke him up. He said he had to repeat the news a couple of times to Mo who “didn’t register”.

The court heard that Mo was “in shock” and crying when both brothers visited their widowed sister-in-law’s house immediately to pay their respects.

Ogg then focussed on inheritance motives. “Did Toby’s wife say things to you about her suspicions that each brother had a will that would inherit the other brother if they died? She told me Mo would get everything.

“You asked Mo if he stood to gain. At Toby’s house you had been constantly told gossip by… I need you to say the words.”

Aleem Siddique said, “His wife and mother.”

The trial continues.

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