21 YEARS; I've spent half my life in jail because boffins got it wrong.A SCOT who has served 21 years behind bars for murder may have his conviction quashed. Andrew Smith Andrew Smith or Andy Smith may refer to:
1. affected with or pertaining to paralysis. 2. a person affected with paralysis. par·a·lyt·ic adj. 1. " with drink. Now Scottish Secretary Donald Dewar For the Canadian politician, see Donald Dewar (Canadian politician). Donald Campbell Dewar (August 21, 1937 – October 11, 2000) was the first First Minister of Scotland from 1999 until his death in 2000. has agreed to investigate the case to see whether Smith's conviction was unsafe. And his decision on whether to refer the case to the Court of Appeal is expected within weeks. New evidence has emerged from three of Britain's top pathology experts, casting doubt on the scientific evidence which put Smith in jail. Last night, speaking from Noranside Jail in Angus, Smith, who has refused parole, said: "I'm very hopeful about this development. "I was in the wrong place at the wrong time. "Half of my life has been taken from me, and with the backing of these experts I think I will get justice at long last. "I also want to know why I've been in prison for so long when many `lifers' only serve an average of 13 years. "No one can answer that question and it demands an urgent explanation from the authorities." His solicitor, John Macaulay John Macaulay may refer to
, said: "Even without new evidence, Andrew Smith should not be still in jail. He has always maintained his innocence. It is a classic miscarriage of justice A legal proceeding resulting in a prejudicial out-come. A miscarriage of justice arises when the decision of a court is inconsistent with the substantive rights of a party. ." Smith, 39, was jailed after being found guilty by an 8-7 majority at the High Court in Glasgow of murdering 27- year-old Richard Cunningham. During the trial, forensic scientists said Cunningham died from a kick to the side of the head, fracturing his skull, during a fight in a pub toilet in Larkhall. But after a review of the case, top forensic pathologist Professor Bernard Knight Professor Bernard Knight, CBE, became a Home Office pathologist in 1965 and was appointed Professor of Forensic Pathology, University of Wales College of Medicine, in 1980. He has been writing since before 1963, when his first crime novel was published. and Ireland's state pathologist Prof John Harbison John Harris Harbison (born December 20, 1938 in Orange, New Jersey) is a composer, best known for his operas and large choral works. Harbison won the prestigious BMI Foundation's Student Composer Awards for composition at the age of sixteen in 1954. both dispute that finding. They're backed up by neuropathologist Dr Helen Whitewell, and all three have submitted their findings to Mr Dewar. They have concluded that Mr Cunningham died from a blow to the back of the head caused by falling on the pub's lavatory floor. In his report, Prof Harbison told Mr Dewar: "The kick hypothesis is pathologically unproven. Cunningham suffered a fractured skull, but that did not directly cause his death." He concludes that Cunningham died more than four hours after the fight from a combination of neurological shock and an accumulation of blood compressing the brain. He points out that Cunningham had enough alcohol in his system to make him "paralytic" before the fight with Smith. Prof Harbison adds: "His extremely intoxicated in·tox·i·cate v. in·tox·i·cat·ed, in·tox·i·cat·ing, in·tox·i·cates v.tr. 1. To stupefy or excite by the action of a chemical substance such as alcohol. 2. state would have played a major part in his own downfall." At his trial, Smith claimed that he punched Cunningham in self-defence after being pushed against the toilet wall. There were no eye witnesses to say Smith kicked Cunningham, and no boot or shoe marks were found on the victim's head. Sentencing Smith, the trial judge, Lord Avonside, told him: "If you behave in prison, you won't be kept very long." Smith has never been in trouble while serving time in 10 jails. But he has twice been released on `life licence', only to be recalled for minor, alcohol-related offences. In 1992, Lord Hope, the Lord General Justice, was asked to consider the case and said that there was no longer any need to detain de·tain tr.v. de·tained, de·tain·ing, de·tains 1. To keep from proceeding; delay or retard. 2. To keep in custody or temporary confinement: Smith. He said the requirements of punishment had been fully satisfied. Ironically, in August 1983, Smith was given the earliest parole recorded for a lifer lif·er n. Slang 1. a. A prisoner serving a life sentence. b. One who makes a career in one of the armed forces. 2. Informal A right-to-lifer. in Scotland after serving six and a half years. He was recalled in April, 1985, re-released in August, 1986, and recalled again in November, 1986. He was again due for release in April 1995, but this was over-ruled by the then Scots Secretary, Michael Forsyth. |
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