All that we have left is to fight to change the law
Victim’s family join campaign to end not proven verdict
THE family of a murdered teenager deliberately mowed down by a van near Celtic Park have called for reform of the justice system in Scotland.
Banned driver Dean Wright was convicted earlier this year of murdering 18-year-old Liam Hendry after using his van “as a weapon” in an unprovoked attack while high on cocaine and booze. But Liam’s heartbroken family yesterday spoke of their “quest for answers” after seeing Wright’s coaccused, van passenger Robert Farrell, walk free from court. The Hendry family believe there were a series of “critical misunderstandings” of the evidence, and welcomed a pledge by the Scottish Government to “consider reforms” to Scotland’s justice system – including potential abolition of the controversial not proven verdict.
Liam’s mum Margaret said: “There should be a change in the law. We accept that no further proceedings can be taken against Robert Farrell. We accept this is a complex case but feel the jury could have been better directed.
“How many people will walk away from charges if it’s put down to the fact the jury didn’t understand a complex case?”
Innocent bystander Liam suffered “catastrophic” head injuries after he was thrown into the air by Wright’s van as he watched two rival groups from Glasgow’s Barrowfield clash in the street in September 2019.
In January, a jury found Wright, 32, guilty of murdering the teenager and attempting to murder four others who ran to Liam’s aid in a second attack moments later. He was sentenced to life, with a minimum of at least 22 years before being eligible for parole, at the High Court in Glasgow.
A murder charge against Farrell, 33, who had been travelling in the van with Wright, was found not proven. But the jury’s initial verdict of guilty to the attempted murder of the four teens was then overturned by judge Lord Arthurson after legal discussions and he was acquitted.
At the time of the verdict, advocate depute Liam Ewing QC argued in court that the jury’s verdict had been a “logical” one, saying there had been opportunity for Farrell to leave the van between the attack on Liam and the later attempted attack on the four other teenagers.
Margaret, who found Liam dead in the street after racing to the scene with husband William, said: “I think this case was too complex for the jury to understand and in complex cases like this the jury needs a legal team to help them.
“All I’ve got left is to fight and try to change something in the law, because what I saw that morning, no parent should ever see.”
A Crown Office and Procurator Fiscal Service spokeswoman said: “The verdict is entirely a matter for the jury or the presiding judge.”
The family are being supported by Lanarkshire-based Families and Friends Affected by Murder and Suicide (FAMS), which launched a campaign earlier this year for an end to the not proven verdict in Scotland.
The First Minister last week confirmed plans to consult on abolishing the verdict in criminal trials and is reconsidering the corroboration rule. Sturgeon also told MSPs the Scottish Government will consult on potentially separating the dual roles of Scotland’s law officers.
This case was too complex for the jury to understand
MARGARET HENDRY VICTIM’S MOTHER