News Articles
7 June, 2005
Scottish police force first to unveil gay staff 'audit'
Source: BBC
Claims that detectives made witnesses lie at a murder trial by threatening to expose them as gay have been rejected.
The decision at the Court of Criminal Appeal in Edinburgh came in the case of Stuart Gair who has campaigned for 16 years to clear his name.
Gair was found guilty of a fatal stabbing in 1989 in an area of Glasgow frequented by homosexuals.
Former Birmingham Six prisoner Paddy Hill said the ruling was a "black day for Scottish justice".
He added: "This ruling is akin to the 1987 Birmingham Six appeal, in which rather than administer justice, the Crown chose to believe it was better to protect corrupt policemen than free six innocent Irish men.
"It would seem now 20 years on we have our own appalling vista decision in Scotland."
Gair, 42, was freed on bail in 2000 pending the appeal.
Following the written ruling on Tuesday by Lord Cullen, Gair is expected to remain at the hostel in Glasgow where he has been staying, pending further hearings.
Stabbed in chest
The appeal judges said there was no evidence of a conspiracy by detectives.
They added that it was more likely that witnesses now changing their stories had been influenced by threats from Gair or pressure from those campaigning on his behalf.
Peter Smith, who was in his 50s, died after being stabbed in the chest in a lane off St Vincent Place, Glasgow, in April 1989.
At Gair's trial William McLeod - also accused of Mr Smith's murder until the charge was dropped - gave evidence in which he changed his story at least twice and was charged with perjury.
He said he went into the lane with Gair, who then pulled out a knife.
In the witness box, McLeod claimed he ran away when he heard Mr Smith moan.
It is plain that each of these witnesses has been subject to pressure to exonerate Gair
Appeal judges ruling
He also said he was not there and that he did not even know Gair.
The Scottish Criminal Cases Review Commission sent the case back to court after claims from Gair's legal team that there had been a miscarriage of justice and that some of the witnesses now wanted to give different evidence.
McLeod told the appeal judges that police had threatened to tell his family and friends he was gay.
In the ruling, Lord Cullen - sitting with Lords Hamilton and Sutherland - said it was "highly doubtful" that McLeod would lie because of alleged police threats to expose him as gay.
The appeal judges also said they did not believe what McLeod told them.
'Unstable witness'
They said he had continued to stick to the mugging story after he had ample opportunity to complain to his own lawyer about any improper pressure from police.
The judges said it was more likely that McLeod had been influenced by Gair's threats while in prison awaiting trial and, later, by people campaigning against his conviction.
Another man, Brian Morrison, who also claimed threats to tell family and friends that he was gay had made him lie at Gair's trial, was dismissed as "a very unimpressive and unstable witness".
He was a self-confessed attention seeker who was trying to get compensation for his alleged mistreatment by police.
The appeal judges noted that Gair appeared to be alleging "concerted action on the part of police officers" to get him convicted.
They concluded: "However, scrutiny of the evidence does not bear this out."
The judges continued: "It is, however, plain that each of these witnesses has been subject to pressure to exonerate Gair."
Gair was released from his life sentence as part of the appeal process, but was later jailed for drug dealing.
He finished that sentence and is at liberty again, pending a final decision.
