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With all the evidence heard, we go to the judge’s, Lord Emslie, summation, who all but told them to acquit on the strength of evidence, either guilty or not proven. He kept referring to high standard of proof, beyond reasonable doubt, that the burden of proof was on the crown, and of the high standard required by the crown. He spoke of corroboration coming from more than one source and goes on to mention twice more about the evidence being beyond reasonable doubt. He couldn’t have been clearer in his directions.
Outside a few journalist were taking the mickey out us, about this not being a m.o.j, they were all in the same mind for an acquittal, well you would have, had you heard what we heard in court. Everyone was then astonished at the majority verdict of the 14, panel jury; it could have been as close as 6-8. They were out less than three hours, they found him guilty on charge one the murder of Justin McAlroy, and not proven on charge two of attempting to destroy the car used in the murder and the clothes worn.
But that was the only tenuous link the crown had to tie William Gage to this investigation, we wanted to scream. It was his DNA found from clothing in the car in Easterhouse, in a car he used to own, which also had two other sets of DNA, which was not proven. So what evidence have they, to condemned a man to twenty years, in less time than it would have taken to play a round of golf; which could have been two hours had they had lunch?
Lord Emslie in sentencing brought out his previous convictions two for assault, and the firearm charge on the jewellers; and sentenced him to TWENTY YEARS.
Our first thought was appeal, but how do you appeal on evidence that should never have been allowed in any court? Scots Law talks of corroboration, but no one can work out what the evidence was, that found him guilty, how do you corroborate nothing? No one can question the jury, or find out the majority?
It was not proven that Willie had attempted, very badly it should be said, of destroying the getaway car and the clothing worn, that the crown had alleged, by the killer. Which according to most of their witnesses would have been a guy wearing a bubble jacket, fitting someone about 5’10”, driving a white J-reg maestro or metro, with a baw face. No one described a jacket that came close to the black cagoule they paraded before us, they all agreed on the height. No one saw an F-reg SAAB either around the locus. Not only is there no forensic evidence but the majority of the crown’s eye witnesses don’t put him there either. We kept thinking if William Gage hadn’t tried to prove his innocence, which he didn’t have to do, by law. He would be free today. Anne Ross didn’t have to put her private and personal life out in public, to prove what she said was the truth, and then to be berated and called a liar, at a murder trial, in a court of law. We kept asking ourselves, ‘if she’s telling the truth, then what time did Oceans Eleven start at the Quay on the 15th February’, did anyone check? I visited the Mitchell Library the following night, after the trial ended. Pulled out the Evening Times and tracked down the Cinema listing. The times for Ocean Eleven that night went as follows, first evening showing 6.45pm, the two later showings were 9.00pm and 9.30pm. She could have made it easily to both of them. The call at 8.53pm, the ‘where were you if you were at the pictures’ as the Advocate Depute accused her of was what she had assumed. That it was T down stairs to pick her up to take her to the flicks. As she said, she didn’t want Willie to meet her kids, “it was a fun relationship”. She was telling the truth, she was mistaken about the times of the movie. Surely, if the jury had known?
We in Scotland now have our own Barry George. Does no one know, or does no one care that a man was convicted on no evidence? The fact that not even the Court’s press found time to cover this case every day, and the rest where only interested in dragging up the victim’s drugs past, his father, and the First Minister, only a few were taking any notice of the proceedings surrounding William Gage’s trial.
A fundamental shift in Scots Law took place, and what we witnessed in the High Court of Glasgow, in Court Six on the 9th February 2004, didn’t really register anywhere in Scotland. Can you imagine the Guardian, Times, Telegraph etc. taking little interest in a court proceeding involving Tony Blair, a slain drug dealer, and his father who had been a main donator to his Labour party constituency. Switch First Minister to Prime Minister and increase by ten.
There is a sick irony that within weeks of William Gage’s trial ending started the long awaited appeal of Thomas Campbell and Joe Steel, who were falsely convicted of a horrific high profile murder 20 years ago. Two decades on from this tragedy and I am sure we will be assured; that what happened in Glasgow in 1984 was an isolated incident. That these kinds of practices and procedures have changed, and it would be very difficult for this to happen again. Well tell that to William Gage in 2004.
But this is not just about William Gage, the last time we had witnessed such a farce was the conviction of Barry George in England, a man, nee a child, who was convicted on purely circumstantial evidence, for the assassination of Jill Dando. At the time Paddy Hill could see what was coming, and told everyone that there had been a fundamental shift in English law, that went right back to the Magna Carta. And that the onus, on innocent until proven guilty, with evidence that shows beyond reasonable doubt, now no longer existed, and that the real onus in now on the innocent to prove their innocence. Well now that fundamental shift has happened in Scotland and, if we don’t correct this, then the next time it really could be you. In the name of justice we need a public inquiry into the Scottish Judicial System to ensure these malpractice’s of malfeasance, expediency or tunnel vision, no longer continue and take the opportunity to help build a real modern democratic Scotland. more......