THERE’S NO JUSTICE IN NOT PROVEN
Tragic Scott’s relatives join campaign to abolish controversial Scots legal verdict
THE devastated family of stab death victim Scott French are calling for the controversial not proven verdict to be binned.
Scott, a 27-year-old dad of two, died after being knifed in the leg. But the man accused murdering him walked free from court after jurors delivered a not proven verdict.
The victim’s sister Emma said: “My brother is dead but the only ones paying the price are us, the family.”
THE family of fatal stabbing victim Scott French have joined forces with other victims’ families to campaign for an end to the not proven verdict in Scotland.
The campaign, launched by Lanarkshire-based Families and Friends Affected by Murder and Suicide (FAMS), has gathered hundreds of signatures for a petition in a matter of days.
It was launched after First Minister Nicola Sturgeon called for a review of the controversial not proven option open to jurors in our country’s legal system.
The charity claims not proven verdicts have a “devastating” impact on families.
Relatives of dad-of-two Scott, 27, who died after being stabbed in Airdrie, are among those backing the campaign after watching the man accused of murdering him walk free from court this month.
The man, who we cannot name for legal reasons, and Holli Allison, 22, had been charged with killing Scott at their home in April.
Scott died after being stabbed in the leg. Prosecutors had claimed he was hit with a “blunt object” and then repeatedly struck with a knife or knives.
But jurors returned a not proven verdict against the accused man at the High Court in Glasgow after he claimed he was defending himself against an attack.
Allison had the murder charge thrown out by a judge after submissions by her legal team during the trial.
Scott’s sister Emma French, 23, said: “There’s only a one-in-three chance of getting a guilty verdict in Scotland.
“My brother is dead but the only ones paying the price are us, the family.
“The job of a jury is to make these difficult decisions and it should be guilty or not guilty.
“I want to help create a change for others. I felt I wouldn’t get far alone but collectively, with this petition, I hope to help raise awareness of the impact of a not proven verdict.
“I hope people affected by the verdict will come forward and share their experience and together we can raise awareness.”
We told this week how the dad of ecstasy death schoolgirl Grace Handling had echoed the call to scrap the “ghastly” verdict after watching the man who supplied his 13-year-old daughter with the fatal drug walk free from court last year. Stewart Handling, from Irvine, Ayrshire, has added his signature to the petition titled Not Proven – Not Tolerable, which will be lodged with the Scottish Parliament after recess. FAMS was set up by relatives of Paul Gerard McGilvray, 20, who was stabbed to death at a party in 2004. While killer Sean Toal was jailed for his murder, his co-accused Gary Orr walked free after the jury found the murder charge against him not proven. The charity, currently supporting several families through not proven verdicts, has called on others to join them in their fight for its abolition.
It said: “The not proven verdict is devastating on families and friends, particularly in emotive cases such as murder, rape, sexual assault, domestic abuse, child abuse.”
Scotland, unlike most of the world’s legal systems, has three possible verdicts in criminal cases.
The First Minister said at the weekend there was mounting evidence that the not proven verdict is part of the “shamefully low” conviction rates for rape and sexual assault.
Scottish Conservative leader Douglas Ross said: “Five months ago, we committed to scrap not proven and I’m pleased the SNP are now willing to consider bringing about the end of Scotland’s outdated and confusing three-verdict system.
“Our first act in the new Scottish Parliament will be to bring forward a Victims Law which will give victims the respect and support they deserve.”
Scottish Labour justice spokesperson Neil Bibby said: “Our justice system needs to do much better to protect women and moving to a two-verdict system would be one step in the right direction.”
The Scottish Greens’ co-leader Lorna Slater said: “I’m determined to remove this archaic anomaly from our legal system and the Scottish Greens manifesto will commit to doing so.”
Scottish Liberal Democrat leader Willie Rennie said while he sympathises with those who argue to drop the verdict, the matter “can’t be looked at in isolation”.
An SNP spokesman said: “The SNP has always made clear reform of the three-verdict system must be given serious consideration in the next Parliament.
“It will be important to consider any reforms to juries in the round – and the recommendations of Lady Dorrian’s review on the management of sexual offence cases.”
My brother is dead but the only ones paying the price are us
EMMA FRENCH ON NOT PROVEN VERDICT