Nwicker60
12-Sep-12, 10:49
Admissibility of police interview an issue say review board
A CAITHNESS man jailed for accosting a woman and demanding sex, has been given permission to continue with his appeal against his conviction.
Mark Chamberlain Davidson received an 18-month sentence in June 2006 after being found guilty by a jury of assault with intent to rape. The attack took place on a trail at Castletown on July 7, 2006.
However, his case was referred back to court, after the Scottish Criminal Cases Review Commission examined the conviction and ruled that the sheriff may have misdirected the jury. The SCCRC also reviewed the conviction in relation to the admissibility of his police interview. This is a reference to the Cadder case, which prompted a change of law to allow suspects the right to a solicitor during interviews.
Now a panel of three judges at the appeal court has ruled that an appeal on both grounds should be allowed to proceed. A date has yet to be fixed.
A CAITHNESS man jailed for accosting a woman and demanding sex, has been given permission to continue with his appeal against his conviction.
Mark Chamberlain Davidson received an 18-month sentence in June 2006 after being found guilty by a jury of assault with intent to rape. The attack took place on a trail at Castletown on July 7, 2006.
However, his case was referred back to court, after the Scottish Criminal Cases Review Commission examined the conviction and ruled that the sheriff may have misdirected the jury. The SCCRC also reviewed the conviction in relation to the admissibility of his police interview. This is a reference to the Cadder case, which prompted a change of law to allow suspects the right to a solicitor during interviews.
Now a panel of three judges at the appeal court has ruled that an appeal on both grounds should be allowed to proceed. A date has yet to be fixed.