AN OPEN LETTER From David Sutherland Pugh Esq
B HALL
HM PRISON
PETERHEAD
AB42 2YY
14 APRIL 2005
MISCARRIAGE OF JUSTICE

It has been a long 5 years, 5 months since the events that were to change my life and that of my two co-accused, Brian Meighan and Kevin Kane forever. The complainer had invited herself into Brian’s flat which was situated within a high rise block of flats in South Edinburgh in the early hours of Saturday 21 November 1999 and was keen to embark on a sexual adventure with each of us. Consensual sexual relations occurred between the complainer and us three inside the flat….but little did we know, the complainer was about to ruin our lives forever by accusing us of rape.

After the events in question the complainer vacated Brian’s flat to attend a nearby party…but took the liberty of informing us of her home address and even went as far as kissing Brian at his front door prior to leaving. All three of us went to sleep after the complainer’s departure with Brian attending his work (postman) later in the morning and I accompanying Kevin through to the the west coast to visit a friend.

On our arrival back to Brian’s flat at 7pm more friends were present. Shortly afterwards our nightmare began. Brian responded to a knock at the front door and was confronted by over a dozen policemen who bulldozed their way into the flat. There was a stunned silence by all present and the officers from Lothian & Borders Police informed us they were investigating an allegation of rape before arresting everyone and departing to St Leonards Police Station.

All our friends were released but Kevin, Brian and myself were further detained and interviewed by CID officers. During questioning the officers had informed us the female from the earlier hours of the morning had accused us of abduction, rape and assault. They informed us the complainer had stated she was horrifically attacked within the common stairwell of the high rise block of flats which was totally absurd.
We attempted to prove our innocence and advised the interviewing officers to view CCTV which is stiuated inside the high rise and the surrounding area which proved we were never in the stairwell. The officers conveyed to us the full extent of the complainers allegations which were totally proposterous. She claimed she was ascending the common stairwell when she heard footsteps, which startled her and encouraged a more speedily ascend of the stairs. She then stated she heard footsteps in front of her and that’s when a hand grabbed her from behind, followed by an attacker assaulting her from the front. She claimed she was dragged down the stairs by three males..stripped…physicallly assaulted…raped and robbed of her possessions including money and tobacco. We informed the officers that we were never in the staircase and that the complainer had arrived at Brian’s flat on her own accord and was keen and infact encouraged sexual relations between herself and us three. We reiterated our case and informed the officers that consensual activities took place within the flat, with emphasis on none of us committing any crime. We again pleaded with the officers to view the CCTV which proved the complainer was lying in suggesting she was attacked in the staircase but they totally ignored our Counter Complaint and amazingly the officers proceeded to charge us with raping, abducting and assaulting the complainer within Brian’s flat even though the complainer had submitted a statement describing a staircase assault - which was infact 14 pages long. Our whole world had came crashing in around us and we couldn’t comprehend how we had found ourselves in this shameful situation. We were detained for another 2 days prior to attending Edinburgh Sheriff Court from where we obtained bail. more....