Judge Concludes Woman Killed Partner with Air Rifle
A judge has determined that a woman caused the death of her partner by shooting him in the chest with an air rifle at their home in the Scottish Borders.
Simone Ramage, aged 41, fired the weapon at Brian Kowbel on 17 February 2023 at their residence in Galashiels.
Judge John Morris KC reached this conclusion following an examination of facts hearing held at the High Court in Edinburgh.
The examination of facts procedure is applied when an accused individual is found unfit to stand trial due to a mental disorder.
Judge Susan Craig had previously ruled that Ramage was unfit to stand trial after a hearing in Edinburgh last year.
Two psychiatrists diagnosed her with post traumatic stress disorder (PTSD) as a result of the shooting incident.
This finding initiated the examination of facts procedure, where a judge reviews evidence regarding the circumstances of the alleged offence and determines whether the accused is responsible for the crime.
The judge conducts this process without a jury and makes a determination based on the case details.
Judge Morris concluded that Ramage was responsible for the culpable homicide of Mr Kowbel.
"I am satisfied beyond a reasonable doubt that the accused committed the actions constituted by the terms of the indictment.
There are no grounds for acquitting her."
Incident Details and Court Proceedings
During the proceedings last week, the court was informed that the incident was considered "an accident" by Ramage, who had intended only to "give him a fright" and to "shoot past him."
The court also heard that Ramage dialed 999 and administered CPR to Mr Kowbel following the shooting.
The Crown withdrew charges against Ramage related to firing an air rifle towards a fence and attempting to conceal the weapon.
On Monday, prosecutor Erin Campbell stated there was sufficient evidence to establish Ramage's responsibility for culpable homicide.
Defence lawyer Victoria Dow argued that Ramage was unaware the weapon was loaded, which meant she was not responsible for the act.
Judge Morris adjourned the case pending a report on Ramage's current mental health status.
The case is scheduled to resume on 2 April.
