| Archive for shirleymckie.myfastforum.org To allow readers to post comments on current issues related to the Shirley McKie case |
| scotkaz |
Wife supports ex husband against convictionhttp://www.thescottishsun.co.uk/s.../homepage/news/article2581201.eceAnyone know anything about this case? A MUM told last night how she wants to free the former husband she helped put in jail for the murder of her baby son - as she claimed: "I made a mistake." Karen Mutch, 37, once took the stand against Mohammad Ullah, 29, and said he had made threats before nine-month-old Kyle's death. Ullah claimed at his trial someone else killed his tragic stepson - who suffered deadly injuries likened to a car-crash victim's. But he was found guilty and given a life sentence. Now Karen fears there may have been a miscarriage of justice and wants to help her ex with his appeal against the conviction. Karen - who claims she no longer loves Ullah and has no contact with him - said: "I made a mistake. I don't think he killed my son. "The more I think about it the more I think he is innocent. "I'm now convinced the wrong person is in jail and there has been a miscarriage of justice. "I feel partly responsible. The evidence I gave against him has been eating away at me ever since. I think the time is right for me to do something about it." Kyle died in January 2004 in Turriff, Aberdeenshire, after Ullah collected him from a babysitter. The murder trial heard Ullah later phoned for help and alerted his neighbours, who found the baby dead in his bed. The tot's abdomen was crushed against his spine. A doctor told the High Court in Forfar that severe injuries of that kind were more commonly found in car-crash victims. He reckoned the most likely cause was a punch or a kick. One of the vital pieces of evidence against Ullah was the testimony of his wife. Karen said her husband issued an ominous threat after she planned to go out with pals. The emotional mum told the court: "He said if I went out he would find a way to hurt me." Karen also told the court that Bangladeshi-born Ullah attacked one of her two other sons, a four-year-old, for spilling lemonade shortly before Kyle's death. But now she says she only gave evidence against Ullah because she had been frightened she might lose her other children. Ullah has launched an appeal and drafted in lawyer John Batt. Karen has been in touch with the legal adviser. Karen, who now lives in Macduff, Aberdeenshire, said she has also contacted the police - but to no avail. She said: "They always say it's my depression. They tell me the case is closed and it's time to move on. "But it's not my depression and I think this is my chance to help him and to make things right. "There is apparently a question over the time of Kyle's death and whether Mohammad could have been responsible." A spokesman for Grampian Police said: "All the evidence was fully investigated at the time and a verdict was arrived at by a jury. "Should anyone feel they have been wrongly convicted of a crime, they have the option of an appeal." A Crown Office spokesman added: "Any appeal is a matter for the accused. It would not be appropriate for us to comment further." |
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| Lydia |
Don't know anything personally but I have to wonder if this man is not guilty why has he not made an appeal. | ||||||
| scotkaz |
Theres a little more info in this news article.
Mum trying to free man who murdered her baby Macduff woman to aid killer with his appeal By Sally McDonald Published: 08/08/2009 MARRIED: Mohammad Ullah and Karen Muthc on their wedding day. More Pictures AN ABERDEENSHIRE mum today revealed she was trying to free the man jailed for murdering her baby. Karen Mutch, 37, of Macduff, whose testimony helped convict her ex-husband Mohammad Ullah, today said: “I made a mistake. I don’t believe he killed my son. I think the wrong person has gone to jail and I feel partly responsible. I have carried this with me for six years.” Ullah was convicted in September 2004 of the murder of his nine-month old stepson Kyle Mutch in Aberdeenshire. Bangladeshi-born Ullah, 29, from Turriff, who was married to Ms Mutch at the time, lodged special defences of alibi and incrimination, saying somebody else must have committed the crime. But Ullah was convicted and was sentenced to serve at least 13 years in jail at Edinburgh’s High Court. Ullah has lodged an appeal and has drafted in high-profile lawyer John Batt, who helped free Sally Clark, the mum found guilty of murdering her baby sons. Ms Mutch, who insists she has had no contact with Ullah and no longer loves him, said: “I have called Mohammad’s appeal lawyer. “I want to help with the appeal. He is still putting the case together but there is apparently a question over the time of Kyle’s death and whether Mohammad could have been responsible.” The Macduff mum, who suffers from depression, claimed: “I have contacted CID saying that I think I have made a mistake but they just say ‘Oh Karen, it’s your depression. The right man is in jail’.” Ms Mutch also claimed that she did not know a wife did not have to testify against her husband until informed by the judge. Ms Mutch added: “I was bereft and confused, I thought that if the police had a case against Mohammad, I should follow their advice.” But the Macduff woman said: “I have been thinking about it more. I think Mohammad is innocent.” At the High Court in Forfar, Ullah denied murdering Kyle at the family home at 88 Knockie Road, Turriff, on January 30 or 31, 2004. The jury heard Kyle died after his abdomen was crushed against his spine, with a kick or a punch being the most likely cause. Kyle had been left with a babysitter while his mother Ms Mutch went for a night out and Ullah worked at a restaurant. Ullah collected the infant at around 10.30pm on January 30 but at home in Turriff the baby fell ill. First offender Ullah made five phone calls and alerted neighbours, who found the lifeless child on a bed at the Turriff home. A Grampian Police spokesman said: “All the evidence was fully investigated at the time and a verdict was arrived at by a jury. “Should anyone feel they have been wrongly convicted of a crime, they have the option of an appeal.” A Crown Office spokesman added: “Any appeal is a matter for the accused. It would not be appropriate for us to comment further.” |
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| Big Wullie |
Lydia
There are many numbers of reasons but the most obvious would be his defence team saying he never had any grounds and Legal Aid would be refused like Happened to me in 1982 only I persisted and tried to lodge my own appeal which failed at Leave Stage (First Hurdle in those days) It has recently came to me attention that My QC after being sacked by me informed the Legal Aid Board I had no grrounds. Other reasons could be not being able to find another Solicitor or QC to take his case on. However since he has never appealed he can lodge grounds outwith time under section 111(2) with no need to ask SCCRC to lokk at his case. The most shocking part of this story for me is why she gave evidence:
I know for a fact this was a police tactic years ago to threaten women if they did not conform they would be charged and their children would be taken into care. My Wife was charged with Perjury two years into my 6 year sentence because she would not say to the PF that I was guilty. This only resulted after I complained to the Lord Advocate of the police Intimidating a certain witness involved with my trial. So during their investigations they tried to get my wife to say I was Guilty and because she wouldn't play their dirty game she was charged with Attempted Subornation of Perjury. At her trial the witness eventually admitted he had said to my wife, the police would Fcuk up his Crimminal Injuries claim if he went to court and said he had seen me. My Wife was found not Guilty despite not calling a single witnes in her defence so the Judge obviously saw through the Crown case against her but their dirty tactic was there My Mum (God Rest Her) was seriously ill years ago, and the Whitburn CID threatened me they would lock her up in a freezing cold cell if I did not admit my guilt to something. So this was a tactic to get women to say what the police wanted them to say. Notice the police actions when she tried to tell them the truth:
I am in no way suggesting he is Innocent because I know nothing of this case apart from what is in the press but it is also abundantly clear she did not know of her right not to give evidence against her husband. Had she known this would she have given evidence ? |
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| Angeline |
Notice, too, how she explains her actions at the time -
"I thought if the police had a case against Mohammed, I should follow their advice" How many families have been torn apart by that very tactic? The police know that the majority of ordinary people believe that they have investigated cases properly, and that they "must have something," otherwise, they wouldn't be charging them, would they? The fact that the people on whom this tactic is used are usually terribly vulnerable, in shock, confused, and probably grieving, makes its use even more insidious |
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| scotkaz |
I really was very niave to this kind of thing happening until several years ago when I sat talking to a death row inmate named John Spirko. He had been on Death Row for many many years and he had an alibi for where he was at the time of the crime he was convicted of. That alibi was his sister. He was with her at a doctors appointment. She was getting an injection which made her sleepy so she needed someone with her. The doctor verified this. When I asked John why she didnt tell them what had happened he told me that he had been told by his sister that if she testified that he was with her at the time of this crime then she would lose her children. I couldnt believe this at first but then I spoke to his sister and she told me that yes they had told her they would put her kids in care and John would never allow her to risk them like that, even though the guilt of not testifying was killing the woman. Once her kids were older she did in fact come forward but this time the fears were for the grandkids. I just could not believe that this happened. And I am horrified it still happens in this country. |
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| Big Wullie |
And once they come forward with the proper testimony they are belittled by the courts for not coming forward at the time of the original trial. Belittled so much to be ridiculed with no credibility for not coming forward in the first instance, (The Megrahi Test) with the courts saying there is no reasonable excuse why this evidence was not available at the original trial and just discarding it like they did with William McDonald Love in the Campbell and Steele case. Even when his sister corroborated his new testimony the courts dismissed it out of hand. |
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| Lydia |
I am horrified at this post, I feel as tho I have been living in a bubble. To think that this could happen in my country is mind bending. | ||||||