This is a bit puzzling
If there is this strong circumstancial case then why was this murder ever considered during Operation Trinity
|In a judgement issued by the court on Friday, judges Lord Eassie, Lord Menzies and Lord Bracadale ruled that there was enough evidence to allow the conviction to stand.
In the judgement, the judges pointed to the fact that bleached hairs similar to those of the deceased Frances Barker were recovered from the cab of the lorry that was driven by Young.
Lord Eassie also wrote: "The appellant accepted in an interview with the police that he might well have committed this murder during one of what he described as his 'blackouts'.
"Particular personal items belonging to Frances Barker were recovered from the appellant's daughter, having been given to her by the appellant.
"Other such items were found by the police underneath the floorboards of a room in the dwelling in which the appellant was residing at the time of his arrest."
Lord Eassie said the judges believed the conviction should stand.
appeal court judgement
| The origins of the appellant’s application to the Commission and the Commission’s reference lie in the review of earlier investigations instigated by the police in the Strathclyde constabulary and the constabulary in Lothian and Borders into six homicides of women which occurred in Scotland in or around 1977. That review included the murder of Frances Barker, of which the appellant had been found guilty. In very broad terms the thrust of the review was directed to identifying similarities between the homicides and their attribution to an individual – “X”.
By letter dated 12 September 2005 Strathclyde Police wrote to the appellant's solicitors explaining that Strathclyde Police and Lothian and Borders Police were currently undertaking "Operation Trinity", a joint investigation into the murders of six women in 1977, including the murder of Frances Barker, and stating that the police, at the request of the procurator fiscal, wished to interview the appellant in the presence of his solicitor about the murder of Frances Barker. The police interviewed the appellant, in the presence of his solicitor, on 20 September 2005. As a result of this interview, the appellant formed the view that the police no longer believed that he murdered Frances Barker. If the safety of the murder conviction was open to question, this called into question the safety of the other convictions, because the appellant was convicted on the basis of the Moorov doctrine. Accordingly, the appellant made an application to the Scottish Criminal Cases Review Commission for review of his conviction.