09/01/2014 Reporting Scotland

George. Thank you. That's all so it's goodbye from me and on BBC One

we Welcome to Reporting Scotland.

Tonight, the trial of a man accused of killing his own mother is told he

thought he might be evil and was hearing voices in his head.

The hill walker who fell 800 feet off a mountain and survived to tell

us the story. When you go over cliff and you can

feel yourself not touching anything, you kind of figure that you have had

it. Also tonight, the story of how this

incredible bird flies 16,000 miles from Shetland to Peru, via Iceland,

every winter. And hands up if you're feeling

burned out. Hearts say their transfer embargo

should be lifted, because their teenagers are playing too many

games. A court has heard that a man on

trial for murdering his mother told a local shopkeeper that he thought

he might be evil and was hearing voices in his head. 40-year-old

James, known as Seamus, Dunleavy also told him that his mother had

gone home to Ireland without saying goodbye. Seamus Dunleavy denies

murdering his 66-year-old mother Philomena and burying her

dismembered body on Corstophine Hill.

Catriona Renton was in court. Mohammed had become friends with

Seamus Dunleavy, is if they were like brothers. He managed this shop,

below Mr Dunleavy's flat. Seamus Dunleavy went into it twice a day

and Mohammed said that Mr Dunleavy had been interested in Islam and he

gave in the key to his flat so that they could say his prayers when he

could not get to the mosque. He also got to know Philomena Dunleavy,

known as Phyllis, when she came to see her son from Dublin. He used to

call her auntie. He said at the end of April, she visited again. If you

days later, he went up to the flat to see them. He said that Philomena

had said that she would have left her husband and had gone to live

with her new boyfriend. He said that Seamus Dunleavy was agitated and

annoyed by this, so he said he went to see in the next day to see that

everything was OK. You said when he got to the front door, Mr Dunleavy

jammed it with his foot and said, no, his mother was not well, she was

sleeping and he could not come in. He said that he never saw Phyllis

Dunleavy again. If you days later, when he and Seamus Dunleavy had

meant to be going to a wedding together, Seamus Dunleavy had told

him that his mother had left early that morning and didn't even say

goodbye. He said that 80 days went by, but then, Seamus Dunleavy went

into the shop and said I think I might be evil, I'm hearing voices in

my head. He said he felt a cold chill down his spine and felt

uneasy. He said not long after that, they stopped speaking altogether.

Earlier, the court heard from Doctor Jennifer Miller who excavated the

grave on Corstophine Hill. Mrs Dunleavy's body was found dead on

the 6th of June last year. The court was warned that the images were of

human race. A time-lapse showed her body being removed from the grave

that is about a foot and a half deep. Doctor Miller said it would've

been difficult to dig has the soil was hard and dense. Dunleavy denies

murdering his mother. He also denies intending to others that she was

unwell and had gone back to Ireland. A hill walker who fell 800 feet down

the side of a mountain in the Cairngorms has spoken for the first

time about his near-miraculous survival. Ollie Daniel was walking

along Ben Macdui at the weekend, when he plummeted off the cliff.

But, despite his injuries, he says it hasn't put him off mountaineering

and he plans to be back out once he recovers. He's been talking

exclusively to our reporter Kevin Keane.

Battered, bruised and with a broken wrist and cracked ribs, but

incredibly Ollie Daniels is here to tell the tale. This mountain rescue

footage shows him being finally airlifted to safety. Hours earlier,

he had been walking along the plateau of Ben Macdui when the snow

underneath his feet gave way. It would be a near vertical journey to

the bottom of about half a mile. There are sections of sliding and

sections of freefall. When you're going over a cliff and you can feel

yourself not touching anything, you kind of figure that you have had it.

Still on top, his dad and his friend called for help. After an hour and a

half of searching, dated the difficult decision to take

themselves to safety and walk away. Immediately afterwards, I wanted to

go down after him and I had to stop myself from doing that. When the

dark about, I wanted to carry on looking for him and I had to stop

myself from doing that. You must not do those things. It was a tough one.

The conditions when they set off were wild, but these were

experienced mountaineers who had taken all the safety equipment they

could. This is how astonishing it is that the fall did not kill him. The

Forth Bridge stands at around 360 feet. He fell a distance that is

more than double that. The site of a helicopter overhead was a massive

relief. By that time, I had hunkered down a sleeping bag to try and wait

it out. When the first flare went up, it should mean that they were

close. That was a big relief. None of this has put the party of what

they were training for, they still plan an expedition up a Russian

mountain late in the year. You are watching Reporting Scotland.

Still to come: How learning English at a Glasgow College is helping to

transform the lives of refugees and asylum seekers. Why hearts are

tempted to have a transfer embargo lifted is deft -- is destined to

fail. Scotland's financial watchdog has

savaged a local authority. Scotland's financial watchdog has

savaged a local authority for its management of a failed district

heating scheme, which cost the taxpayer ?11.5 million. The Accounts

Commission says there were serious weaknesses in Highland Council's

scrutiny of the project which led to a substantial loss of public money.

Craig Anderson reports. On the face of it, it was a laudable project,

environmentally friendly with a biomass boiler. In an area of high

fuel poverty. It never works. It racked up of of losses, the

Daugherty failed to manage this properly. Significant deficiencies

in the governance of the project. It failed because it was not set up and

manage properly. The governance arrangements were... There were no

lines of accountability. Fundamentally, adequate assessment

of the risks involved. The project was eventually abandoned at a new

Council Administration took control. The leader of the authority today

and access the conclusion that his predecessors got it wrong. It would

take some small comfort from this massive loss and the shambles it is

the work that has been done since 2008 to sort out these problems and

that in safeguards to make sure that this kind of thing cannot happen. It

is a constant work of vigilance to make sure that we are keeping on top

of this and we keep the right kind of scrutiny on all projects. The

Accounts Commission does give credit to Highland Council for the way it

did act to improve scrutiny. But it warns that other local authorities,

this is a textbook local example how not to run schemes like this.

Concerns have been Concerns have been raised in the

Scottish Parliament about allegations that a health board is

trying to gag a senior consultant who raised issues about patient

care. This comes despite clear guidance from the Health Secretary

forbidding the practice. Tonight, the health board concerned denied it

was trying to gag the doctor. Aileen Clarke is here with more.

Last year, the Health Secretary Alex Neil send out this letter to all

Scotland's health boards. This was just after the report into the

failings at Mid Staffordshire NHS Trust in England. In the letter he

states, "I expect boards to ensure that confidentiality clauses are not

used to suppress the reporting of concerns about practice in the NHS

in Scotland," and he also said it should be ensured "that staff are

not penalised or persecuted in any way for raising concerns in good

faith." However, this consultant, Dr Jane Hamilton, who was working at St

John's hospital in Livingston, believes she is being asked to sign

away her rights to talk about her concerns about patient care, because

of the terms of the payoff deal being offered to her by Lothian

Health Board. She joined a specialist psychiatric

mother and baby unit at a hospital in Livingston. By the end of that

year, she says that she had started to raise concerns about staffing

levels and training, worried that a fatality could result. The following

year, she says, she went off with stress and has not worked on the

unit since. I appreciate it can be difficult to manage these

situations. However, I would say that being offered a settlement

agreement, although it is one outcome to the situation, I think

being gagged about my consent is something that I cannot accept. The

issue of the severance terms was raised in Scottish Parliament this

afternoon. Will be First Minister step in and when he condemned the

use of gagging clauses in cases where NHS staff are raising concerns

about patient care and safety? That the city referred to in any

compromise agreement, that is concerns about patient welfare, or

bullying or other aspects. If that is the case, and that is explicitly

within an agreement, I'm sure that Neil Findlay will be satisfied. The

First Minister also said that an independent report had been carried

out into the unit and no evidence had been found that it was dangerous

or unsafe. NHS Lothian in their own statements today said:

a protected disclosure, remember, is when a member of staff raises a

concern about patient welfare. The aim being to encourage staff to

speak up if they think there are problems endangering patients.

Doctor Hamilton and her supporters believe that she is being asked to

take her severance deal and keep quiet. These things are never black

and white. Obviously, there is room for interpretation. I think there is

an umbrella term in it to say that protected disclosures, obviously,

you have a duty to raise those in situations as a court. However, I

think they specified a number of complaints that I could not take

further about employees of NHS Lothian. These were not grievances,

these were protected disclosures which acquired further

investigation. External investigation. I feel this has never

happened. She ideally would like her job back,

but she says that's not on offer and she is left feeling victimised for

raising concerns, concerns that she is not satisfied have all been

properly addressed. The Health Secretary is looking into the matter

and will report back on his findings.

The head of engineering for Bond, helicopters has told the enquiry

into the 2009 Super Puma tragedy in which 16 people died that it would

have been very tight to carry out all the necessary checks during a

ten minute turnaround the day before it crashed, as shown in technical

locks. In a staff were on shift to carry out work at the time.

A 49-year-old man is to appear before the High Court next month,

charged with the murder of a schoolgirl more than 27 years ago.

The body of 16-year-old Elaine Doyle was found close to her home in

Greenock in June 1986. It's the first case to come to court after an

investigation by the Crown Office Cold Case Review Unit, which was set

up three years ago. The extra business rates levy on

larger shops selling alcohol and tobacco is to stop after 2015. The

Scottish Government said it had always been intended to last three

years. The tax has raised ?95 million from supermarkets as a means

of funding public health measures. The Scottish Retail Consortium said

it was delighted there would be no extension or replacement.

Refugees and asylum seekers from the world's trouble spots often arrive

in Scotland unable to speak English. But a language course at a college

in Glasgow has been specially designed for them. Some are now

studying for qualifications along with Scottish students, or even at

university. Our education correspondent, Jamie McIvor,

reports. This student -- these students came

to Scotland to escape unrest in the Ivory Coast. They spoke no English

when they came here but barely two years later they have no trouble

holding a conversation. One reason for this is a special course they

took. In the beginning it is really difficult to understand what they

teach to you so I was obliged to work really hard. Now I can relax.

Since we are living in the country, we have to learn, because if you do

not learn, there is nothing you can do without the language. You cannot

do anything if you do not understand the language. The language course

they went to is unique in Scotland. It is especially designed for young

people who come here in sometimes desperate circumstances. Some young

people may have been trafficked, tortured and there is a wide range,

wherever there are trouble spots in the world this is where these people

come from. The students in the current class and have a variety of

mother tongues but are all taught together. Most of the people on the

scores have either had very fractured or no education

whatsoever, and so that presents a particular problem in that they are

not used to be in education, or their education has been disrupted.

They often have experienced great trauma. They have experienced loss

because they have lost their families, their homes, so that

presents particular challenges in teaching them, in terms of

sensitivity and materials. The students from the Ivory Coast are

now at college alongside other students. Other students from the

course have now gone on to university.

Let's take a look at some other stories from across Scotland.

Police are appealing for witnesses to a crash on the A9 which injured

five men, one critically. The collision between a lorry and a car

happened just after midnight near the village of Dalwhinnie. A man is

being treated in hospital in Dundee. The event was closed for eight

hours. Glasgow Kelvin Colleges City Campus

has been closed and more insightful two days after a burst water main

flooding in the streets. A man who held two shop workers

hostage at knife-point in a three hour siege last August has been

jailed for six years. Peter Boyd admitted charges of abduction and

robbery. The High Court in Glasgow heard that Peter Boyd was draped in

a union flag and originally claimed to be protesting against Catholics

marching through a Protestant area of Belfast.

Later, he changed this and claimed to be upset by the impending

anniversary of his mother's death. Boyd has since apologised to the two

women he held up. In Orkney, pupils have been getting their first day of

lessons at the more grammar school. It is the final and largest element

in a ?50 million infrastructure investment in the island. It has

some two new schools and a theatre, amongst other things.

All the latest can be found on the website.

Scientists have discovered that one of Britain's rarest breeding birds

flew an extraordinary distance from its home in Shetland to winter in

the Pacific. The red necked phalarope, you might

not have heard of them but these little birds have a big story to

tell. There is a tag. It is buried in his back feathers. That has been

working all winter. We do not know where he has been. Hopefully we

will. Slipping behind this. We release the tag from his back. He

carries it like a little rucksack. And this is the very tag which has

given conservationists a remarkable insight into the journey the birds

and each year when they leave Shetland at the end of the breeding

season. When I heard what this word took only fell off my seat. I had to

read the e-mail three times. When he left Shetland he headed West,

straight across the North Atlantic via Iceland and Greenland. He went

down the eastern seaboard of North America and the Caribbean, crossed

into the Pacific, where he wanted in the warm waters of Ecuador and Peru

before returning more or less on the same route back. That is one of the

world's great migrations. And consider this, the individual bird

which travelled all that way flew into the wind. Truly an incredible

journey. What a great story. Now the sport.

Hearts are asking the leak to stop the transfer embargo based in health

and safety. Administrator Bryan Jackson wants special dispensation,

but the appeal is destined to fail. Gary prepares his seventh squad.

This weekend they are looking to end a run of nine games without a win.

The manager knows at once to lift a signing and long shot but says the

situation is taking its toll on his players. You elaborate and fun to

try to give them a best at the right time. -- you are worried and want to

give them a rest at the right time. After 20 games, I was taken out of

the team because I needed a rest, when I was that age. The

administrator here is using that as part of your argument to have the

ban lifted. At least one of the young team is not concerned, though.

I think the more we play, the more experience we are going to get. At a

younger age it is much better because in five years' time we will

be more experienced. And despite Google expressed today by Hearts'

closest rivals, the appeal will be in vain. Bryan Jackson admits

himself he is unlikely to succeed. In fact, there is no chance of

success because overturning the ban would require a rule change and that

could lead to a legal challenge by other clubs. Even if Hearts tried to

use the exceptional circumstances" and that there is also an FA imposed

embargo date will not be overcome, which meant the young squad will

have to battle on, we were otherwise.

Scottish athlete Eilish McColgan believes her coach gives her a

greater advantage over her rivals. Why? Her cage is a former god

medallist, but she's also her mum. Plenty of memories for men to share.

COMMENTATOR: What a great moment for this girl! And brilliant

Commonwealth gold in Edinburgh in 1986 is certainly one to cherish. It

was the start of my career in athletics, really. I got my name out

there and people who I was. Eilish is hoping to create special memories

of her endless summer in Glasgow and has the ideal coach coaching her

mother. She is an athlete who has been there and done it and got all

the medals that I want to achieve. I have an advantage on other people

who do not have that knowledge from their coach. A lot of a louche's

training takes place here in Loughborough in England, at a

university now for its sports facilities. -- Eilish's training. It

changes your blood constitution. It gives you know what blood cells

which carry oxygen around your body, so it is kind of what the

Africans are poorly with, and we are trying to keep up with them. After

training, there is always time for nostalgia. Yes, the 1980s haircut is

so not Glasgow 2014. More stories in Scottish sport:

Inverness manager John "Yogi" Hughes wants former Hibs player Russell

Latapy to be his assistant. Latapy played under Hughes at Falkirk.

Terry Butcher has told four players - Rowan Vine, Tom Taiwo, Tim Clancy

and Kevin Thomson - they're surplus to requirements at Hibs.

Of course it is difficult. It is not nice to tell people that.

Conor Newton has extended his deal with St Mirren. The midfielder,

who's on loan from Newcastle, is staying with the Buddies until the

end of the season. Colin Montgomery is three strokes

behind leader Raphael Jacquelin in the Volvo Champions golf in South

Africa, this shot one of the highlights of his two under-par

opening round. It's a Tay Bridge derby

double-header in ice hockey this weekend - Dundee All Stars playing

Fife Fliers twice in the British Elite League. Fife are bottom,

Dundee second top. Dundee are flying high. People have been waiting for

them to fall or fail all year. We want to keep our play-off hopes

alive. Gillian Cooke from Edinburgh's

boosted her chances of making the GB bobsleigh team for the Winter

Olympics. She and Victoria Olaoye finished third at the Europa Cup in

Austria. And there are more sports stories,

plus all the latest news, 24 hours a day, on BBC Sport Scotland's

website. Enough of the very volatile weather

we have seen since the start of winter. It is a quiet spell of

weather. Still a you shove this evening across western and most

parts but the showers becoming fewer and lighter as the night progresses.

Clear spells and a fairly widespread frost across parts of the East.

Possibly a risk advice as well. Temperatures down to freezing if not

below across eastern parts of the country. -- a risk of ice. Tonight,

Stargazing Live at a claim on BBC Two, and we have perfect conditions

for stargazing. Tomorrow morning start of largely dry and bright.

Then hired thickening up, outbreaks of rain pushing in across Western

Scotland. -- then cloud thickening up. Can the afternoon, we will still

see some rain across the South West corner. But already brighter

conditions feeding in. Even some sunshine. A few showers, including

in the North West. It is quite a nice day in Shetland. The event will

be light. Holding onto dry conditions until about dusk across

the North Eastern corner. At the rain moves across the country during

because of the afternoon, with the southerly wind picking up as well.

-- during the course of the afternoon. So for the weekend, high

pressure building in and settling down. Saturday and Sunday we will

see some water and showers across western parts, though, and snow

possibly even to low levels. But a lot of dry weather, but it will be

called. A court has heard that a man on

trial for murdering his mother told the local shopkeeper he thought he

was evil and heard voices in his head. I am back at 8pm and just

after the main ten o'clock news. Goodbye.