Barry McAuley and Martin Stewart have been found not guilty of the culpable homicide of Rebecca Tollan by supplying her with high purity cocaine. 

The 23-year-old died on the 15th of July 2019 at Martin Stewart’s home. Rebecca had recently given birth a few weeks prior and was on her first night out since pregnancy. The court heard that Rebecca and her sister-in-law, Pamela Tollan, met the two men at a beer garden at the Railway Tavern pub in Motherwell. 

It was heard in evidence that McAuley had provided a ‘wee bag’ to Pamela. The women went to the bathroom and Rebecca took the cocaine. The four of them then went to Martin Stewart’s home and Pamela told the court that she believed Rebecca took more cocaine and she then collapsed. 

Advocate Depute, Alex Prentice KC told the jury: “This was high end cocaine. I suggest the accused knew it was high end cocaine. This was unusually high. I say that making that available is the reckless element.”

The cocaine was said to have been 65% pure. It was accepted by the Crown that no one forced Rebecca to consume cocaine. 

Both men were acquitted of culpable homicide. Martin Stewart was convicted of being concerned in the supply of cannabis. However, the Advocate Depute confirmed that he was not moving for sentence as those charges would have been prosecuted in the sheriff court at summary level.