10 June 2001
'Killer' gets leave
to appeal after 19 years
By Severin Carrell
The case of Raymond Gilmour, convicted
for murdering a schoolgirl 20 years ago in what is widely seen as a miscarriage
of justice, has been sent back to the Court of Appeal.
After an investigation lasting nearly three
years, the Scottish Criminal Cases Review Commission said it has serious
doubts about his conviction for murdering Pamela Hastie, then 15, in woods
close to their homes in Paisley, near Glasgow.
Gilmour, now 38, was convicted without
the corroboration normally required. The prosecution failed to produce
forensic evidence or witnesses, and Gilmour retracted his confession, which
was itself highly inaccurate. MPs and senior lawyers expressed doubts about
the safety of his conviction after investigations in the early 1990s revealed
serious weaknesses in both the confession and the police pathologist's reports.
Senior detectives involved in the original Hastie murder inquiry were also
privately unhappy about Gilmour's conviction.
The case came to national prominence in
1994 after the Channel 4 documentary Trial and Error revealed that several
Home Office experts, including Dr Iain West, the criminal pathologist,
and Angela Gallop, a forensics expert, believed there were serious flaws
in the prosecution's case.
Last week, the SCCRC told Gilmour's lawyer
that it believed that his conviction "might have been a miscarriage of
justice". The commission has now referred it back to the Appeal Court,
saying it was troubled by the lack of forensic evidence, inaccuracies in
the confession, and a report by Dr Gisli Gudjonsson, professor of forensic
psychology at the University of London. He found that Gilmour was an easily
suggestible and emotionally immature young man who would have been easily
bullied by the police.
His confession and a map allegedly describing
the murder were also discredited by another forensic psychologist, Eric
Shepherd, who claimed they were constructed by several people. The map
also showed several different handwriting styles. Dr West said the pathologist's
report disproved prosecution claims that Gilmour had struck her with a
branch but in fact suggested her attacker had been brandishing a knife.
Gordon Ritchie, Gilmour's solicitor, said
last night: "After nearly nine years of investigation and 19 years of imprisonment
for Raymond, the authorities have finally accepted that his conviction
might not be safe." The decision is an embarrassment for the Government.
In 1997, the then Scottish Secretary, Donald Dewar, who died last year,
rejected an appeal on the same evidence on the grounds it did not constitute
new evidence.
His decision highlighted criticism about
the very strict rules for appeals in Scotland, which bar any re-evaluation
of material available at the time of conviction. Lawyers also said the
case raised serious questions about the fairness of the legal system, since
Gilmour was convicted without corroboration.
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