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Criminal evidence – Appeal – Fresh evidence. High Court of Justiciary: Allowing an appeal by an appellant who was convicted, inter alia, of murder by smothering and attempting to defeat the ends of justice, the court held that potentially significant fresh evidence was available from a neuropathologist, offering for the first time moderate head injury as a positive contributing cause of the deceased's death—ie as direct alternative to smothering; that a reasonable explanation of why that evidence was not heard at the trial had been made out; and that had the new evidence been available at the trial there would have been a real possibility of a different verdict being returned.
Criminal evidence – Appeal – Fresh evidence. High Court of Justiciary: Allowing an appeal by an appellant who was convicted, inter alia, of murder by smothering and attempting to defeat the ends of justice, the court held that potentially significant fresh evidence was available from a neuropathologist, offering for the first time moderate head injury as a positive contributing cause of the deceased's death—ie as direct alternative to smothering; that a reasonable explanation of why that evidence was not heard at the trial had been made out; and that had the new evidence been available at the trial there would have been a real possibility of a different verdict being returned.
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