Man kept in prison due to ‘spurious innuendo’ (2006)

Edinburgh Law Court
William Gage’s appeal against the conviction of murder has been denied. This judgment is a travesty of justice, which relies wholly on circumstantial evidence, it is inconceivable that the evidence, the burden of proof, led at the trial can prove beyond a reasonable that William Gage has any involvement with the shooting of Justin McIlroy.
There is no direct evidence that connects William Gage with the shooting at Acacia Way in Cambuslang. They are keeping a man locked up in what can only be described as a spurious innuendo, and not facts that should be used in a court of law. They continue to maintain that a ‘white car’ found in Easterhouse is linked to William Gage via DNA found on particles of the clothing in the boot of the car, there was also two other unidentified DNA found on the clothing as well.
More importantly they allege that 8 particles of Firearm Discharge Residue, FDR, found on articles of the clothing, show that the white car was involved with a gun crime, and as no reporting of an gun incident involving a white car, then this shows that this car must be tied to the shooting of Justin McIlroy.
There are a number of problems with this argument first, the Appeal Court accepts that the FDR was a common type and ‘similar’ to the FDR found at the scene of crime. Similar means that it is not the same, therefore the 8 particles did not come from the gun that shot Justin McIlroy. The worst part of the Appeal Court, and Crowns argument, is the fact that they maintain that 8 particles prove a gun crime.
This is an absurd assumption, as one shot would release thousand of particles, never mind 5 shots that killed Justin McIlroy. According to Dr John Lloyd former Home Office Forensic Scientist, “when a gun is fired, this primer when it is fired turns into thousands and thousands of minute particles”. But only 6 were found on the jacket, three on the surface and three particles in the pocket. It is more likely that the lack of FDR shows it has come from cross-cross contamination. Therefore there is no proof that this jacket was worn when a gun was fired, and certainly no proof to link it with the gun that killed Justin McIlroy.
William Gage was previously unsuccessful in a 2006 attempt to have his conviction overturned. His latest appeal was referred to the court by the Scottish Criminal Cases Review Commission.

William Gage’s fight for justice goes on, the quality of evidence presented at trial and now propped up by the Scottish Appeal Court, is a disgrace and should enrage any intelligent honest person. This case will be going to the Supreme Court, and if necessary to the European Court of Human Rights, this is a travesty of justice, that in the 21st Century a man can languish in a Scottish Prison serving a life sentence that is purely circumstantial, and rather than be wholly compelling makes a mockery of Justice, Lord Hamilton should hang his head in shame.

About INNOCENT (138 Articles)
Challenging miscarriages of justice since 1993.

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