04 March 2024 , 09:12
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A man who killed his brother after murdering his partner could have been stopped before the second attack, says her family.
Peter Duffy, 47, stood trial accused of violently abusing Emma Baillie, 26, but the case was adjourned when she failed to give evidence in March 2022. Duffy had turned up for the court date having already strangled and stabbed Emma 12 days earlier at his home in Calder Street, Coatbridge before leaving her body to rot.
It took five weeks for Emma's death to come to light. By then Duffy had killed his brother, John Paul, 51, stabbing him repeatedly with a knife and hitting him with an axe. Now Emma's family have demanded police call on victims of violent crimes if they miss a court appearance. They believe Duffy could have been caught before he killed his brother.
Emma's dad Stuart Baillie, 57, and stepmother Carol Austin, 56, say police should have gone all out to locate Emma after her no-show for the original trial.
Carol said: "No -information had been given to us at any point before the trial of Peter Duffy for the two murders so hearing the details of Emma's last few months were very upsetting for both of us. The shock being the length of time Emma lay dead at his property before being found. That was something that we weren't expecting at all.
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Peter Duffy"But if someone had gone looking for Emma when she failed to appear at court, although it may not have changed Emma's outcome, it could certainly have saved the life of John Paul Duffy. As parents, it doesn't seem right that if the accused hadn't turned up in court, everybody and his brother would have been out looking for him.
"But when Emma failed to appear after such a horrendous domestic abuse charge there was no alarm raised about where she might be. That's our main concern and we would love to be able to raise awareness of that. Emma was assessed as being at high risk of further domestic abuse and in fear of losing her life and that was on the police's own domestic abuse assessment.
"It's shocking that a victim wouldn't be looked for in the event of them not appearing to give evidence in such a strong case. We feel there was very little support for Emma and that nothing was done to try to locate her when she hadn't appeared in court."
Emma Baillie's step mum Carol Austin and dad Stuart Baillie (Andy Commins / Daily Mirror)It was only after John Paul failed to contact his son on his birthday that authorities were alerted. The police turned up at his home and found Peter with a self-inflicted wound. He claimed John Paul was in a bedroom but police found his brother's body under a pile of rubbish and clothes on the couch opposite where Peter Duffy had been sleeping.
That led police to visit Peter's Duffy's home. They found Emma's body in a state of decomposition. Carol, Stuart and Emma's -biological mum Christine Baillie, 48, had all lost touch with Emma in the weeks leading up to her death, reported the Daily Record.
Carol said: "Peter Duffy hadn't allowed Emma money. Before she died he had been withholding her mobile phone and she wasn't able to contact her family. He had control of every aspect of her life. Emma hadn't been seen on CCTV anywhere at all in the Coatbridge area since February 15, 2022. We believe that she was being held in Peter Duffy's property at that time. There was no contact other than a phone call to the DWP on March 3.
"Peter Duffy came on the phone and spoke to the DWP pretending to be Emma's step-father in order to try to arrange a crisis payment for them, which was paid into her account the next day. The whole £198 was withdrawn from Emma's bank account -immediately. We know after both Emma's and John Paul Duffy's deaths that he used both their bank cards in order to get money."
Duffy killed Emma in the early hours of March 5, 2022, within hours of the benefit payment. Carol, a bereavement counsellor who lives in Scarborough with Stuart, said: "Two neighbours heard the scream from Emma but they had been too scared to call in the police at that point.
"Nobody went looking for her. We cannot believe that this is the reality of that girl's situation but nobody raised an alarm. We had no idea that any of this was going on. There should be something in place if that victim doesn't turn up to give said evidence against the accused.
"That should be a welfare check or something to let people know that that person is OK or to find out the reason behind what is stopping them from appearing in court. It could be further abuse. The lack of a safeguard like that is wrong. Her failure to appear in court should have signalled a warning to find out that she was OK and that her reason for not turning up was a viable one and not abuse or murder."
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Duffy, who was found guilty of murdering his brother and his own partner, will be sentenced next month and is likely to spend the rest of his life behind bars. Devastated Stuart, originally from Airdrie, said: "Emma was my daughter and she was a happy girl. I raised her from birth until just before she turned five then I left her mother and had no contact until Emma was 21.
"I still have fond memories of her as a wee one. She came and lived with me in Scarborough for eight months. I got her a job and a flat but she couldn't handle it and went back home. After that she would phone me every couple of months. I loved her very much.
"The news of her death is still raw but like Carol says I would like some change for other people in this situation. If a person going to court to testify against someone doesn't appear, there should be a warrant for that person so that in future it could save somebody's life." Police Scotland was asked for comment.