One of the three teenagers accused of murdering Shaun Woodburn has walked free from court after all charges against him were dropped.
Marcus Brown, 18, was acquitted of the seven charges he faced at the High Court in Dunfermline.
Still accused of Mr Woodburn’s murder are Mohammed Zakariyah, 18, of Gilmerton Dykes Grove, Edinburgh and a 17-year-old youth who cannot be named for legal reasons.
They are also accused of a series of assaults and disorder across Edinburgh the same night and deny all the charges.
Mr Woodburn, 30, died from injuries suffered in a major street disturbance outside a Leith bar in the early hours of New Year’s Day.
Around two hours after the bells, trouble erupted in the street outside Gladstones Bar.
Hibs football star Danny Swanson, 30, a close friend of Mr Woodburn, resumed giving evidence and was cross-examined by Derek Ogg QC, representing the 17-year-old youth.
Mr Swanson admitted there were some parts of the incident he could not recall clearly but he was “positive” his friend had been punched then kicked.
“You have a form of selective amnesia. Is it a chronic problem or is just that night?” asked Mr Ogg.
“Just that night. It was a big night,” said Mr Swanson.
Asked about discrepancies between his police statement and his evidence in court, Mr Swanson said: “I saw it clearly. I’ll never forget that.
“He hit him. He took a step back then ran and kicked him.”
Mr Swanson said he knew his friend was badly injured when he fell to the ground.
“He was in a serious state before he was kicked,” he said. “I could hear his head hitting the ground.”
Mr Swanson was asked about a video which appeared to show a brick being thrown by his cousin Steven.
“That’s not what killed Shaun.” he said.
Mr Swanson said of the group of youths: “They came that night looking for trouble. We have that party every year with not one bit of trouble.”
Connor Moore, 25, a chef, from Edinburgh, told the trial he had been at Gladstones and was going home when violence broke out.
He described the scene as “chaotic” with “scuffles starting all over the place”.
Mr Moore said he saw someone lying on the ground. When he went over he recognised the man as Shaun Woodburn.
“I tried to speak to him but there was no response,” he said, “I knew straight away he was in a bad way.”
Mr Moore said that as he was attending to the injured man, someone came running at him.
“As I was kneeling down I saw out of the corner of my eye a figure running towards me and he tried to kick me. I ducked and he didn’t connect,” he said. Mr Moore identified this person as the 17-year-old.
The trial continues on Tuesday.