| Archive for shirleymckie.myfastforum.org To allow readers to post comments on current issues related to the Shirley McKie case |
| scotkaz |
William GageWilliam Gage has been referred for appeal by the SCCRC. AT LAST!!!Wullie's dad is very ill and this could not have come at a better time for Wullie and his family. The report is not yet on the SCCRC site but should be soon. Wishing Wullie and his family well and hoping that justice will now be seen to be done. |
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| allan mcleod |
Wullie
Hope everything works out in your favour. All the very best in your fight for justice and to finally expose the truth. Best wishes Family of Kevin Mcleod |
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| scotkaz |
While waiting on Wullies case to come up on the SCCRC site, I notice there is another referral today
Christopher Kelly Referral http://www.sccrc.org.uk/ViewFile.aspx?id=394 |
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| Sami |
fantastic news for you Wullie and your family.
We are delighted for you. Let the truth set you free |
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| david |
gage referralPleased to see mr Gage's referral. Thought it would be a case that would be swept under the carpet for 15 years.Hope Mr Gage gets justice and an investigation is sanctioned relating to political motivations. In relation to the other SCCRC referral- I don't believe the SCCRC should be dealing with cases that refer to sentencing. It takes up a lot of resourses that could be used for people who have suffered real miscarriages of justice not just the legal term of art. The SCCRC are also wasting their resourses investigating the tariffs of lifers which I believe is wrong. I believe the SCCRC should investigate cases where people are innocent. If this was the case, then all these grounds referred for sentencing would not be encrouched within the SCCRC's stats. Take away the referrals relating to sentencing and the public will get a clearer picture of the low amount of convicitons referred since the SCCRC were formulated. Perhaps another part of the justiciary can deal with lifer's tariffs and other sentencing matters. David |
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| scotkaz |
Re: gage referral
I agree with you on this David. SCCRC should be about investigating cases where the person has innocence claims. Someone else should deal with claims that sentences are too long or have not been dealt with properly. The people with innocence claims many times cannot get referred but cases like the one above get referred. Makes no sense to me. |
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| scotkaz |
http://www.sccrc.org.uk/ViewFile.aspx?id=396
William Gage grounds for referral 2.2 The grounds upon which the Commission decided to refer the case relate to the dock identification of the applicant’s eyes as resembling those of a man seen running from the scene of the shooting, and the identification of crucial productions. In referring the case the Commission had particular regard to the principles in relation to dock identification set out by the Judicial Committee of the Privy Council in the case of Holland v HMA 2005 SCCR 417. In the Commission’s view, in the unusual circumstances of the applicant’s case, the absence of specific directions to the jury regarding the dock identification amounts to a misdirection and may have given rise to a miscarriage of justice. The Commission also believes that the applicant’s trial may have been unfair, and that a miscarriage of justice may have occurred, in respect of the manner in which the identifications of the applicant’s eyes and of the crucial productions were obtained, and in light of the way in which that evidence was dealt with at the applicant’s trial. |
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| scotkaz |
Other referral
John Millar http://www.sccrc.org.uk/ViewFile.aspx?id=395 |
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| scotkaz |
Check out STV news tonight at 6pm for news on William Gage. | ||||
| scotkaz |
At last there seems to be some light at the end of the long tunnel that William Gage and his family have endured for the past 7 plus years.
The Scottish Criminal Case Review Commission finally made their decision to refer William Gage's case to the appeal courts. See http://www.sccrc.org.uk/ViewFile.aspx?id=396 for the grounds of referral. We who support Wullie Gage are delighted that the SCCRC have referred the case for appeal and we thank them for doing so. If it wasn't for the SCCRC investigating this case then Wullie would not have the chance to finally prove his innocence. Until now there was no hope of this so family, friends and supporters are deeply grateful. Sadly though, Mr Bill Gage, William's father, is now terminally ill with cancer. I spoke with Mr Gage Senior and he said that he was absolutely delighted to hear this news. It had been a long time coming. He says he is not afraid of dying. What he fears is dying before William is freed and exonerated for the crime he was wrongfully convicted of. All he wants to be able to do is put his arms around his son and be able to spend time with his son as a free man. We pray that this will be made possible. Mr Gage Senior has suffered enough due to this injustice and now cancer. He has committed no crime. And he has steadfastly stood by Wullie and supported him totally. His belief in his son's innocence is unwaivering. The tragedy of all of this is that the Gage family have lost precious years due to Wullie being imprisoned for a crime that his supporters believe he did not commit and now that the end could be in sight, Mr Gage Senior is so seriously ill. It all seems so unfair indeed. We who support Wullie's fight for truth and justice are hoping and praying that Wullie is freed so that he can spend precious time with his dad. It really would be heaping injustice upon injustice if Wullie was not allowed to spend that special time with his dad and his loved ones. We hope that the courts will see fit to show some compassion in this tragic situation. Time is running out and Mr Gage Senior is about to embark on an intense Radiotherapy treatment in a bid to make him feel a little better. It will not cure him but should hopefully make his life a little more bearable. There is no operation which can help and chemotherapy cannot help either. Mr Gage is too ill to have surgery anyway. It would be absolutely devastating to Mr Gage Snr and the family if Wullie did not get freed before things go too far for him, with the cancer. It would be equally devastating of course to Wullie, if anything else happened to his dad before he was freed. Wullie is delighted of course that this has finally happened but there is a deep sadness in him for the time he has lost with his family and the fact that his dad is so ill. Wullie has a huge amount of supporters and he thanks everyone for their love and support. Wullie's family also thanks everyone who has supported Wullie over the years. Details of Wullie's case can be read on: : Mojoscotland@mac.com : www.whygage.com and http://www.justiceforwilliamgage.webs.com/ It is agony having to wait. I feel like I have been buried alive and that no matter how hard I scream for help the authorities don't seem to care.' William Gage Hopefully now Wullie will realise that the authorities are indeed listening and that they will rectify this miscarriage of justice in a speedy manner. Please send Wullie cards of support and encouragement: William Gage # 2319 c3/15 HMP Shotts/ Lanarkshire ML7 4LE SCOTLAND Thank you Some details of the case On the night of March 7, 2002 drug baron Justin McAlroy was gunned down on the driveway of his home in Cambuslang, Glasgow. Second-hand car dealer William Gage was jailed for life in 2004 when three eyewitnesses told a jury they saw a white getaway vehicle leaving the scene. A white SAAB was later found in Glasgow's Easterhouse, partly burnt out. Much reliance was placed on a white SAAB being the car used in the commission of this murder. There was absolutely no evidence, no CCTV Footage and no identification of Gage, which one would expect Evidence at trial related to a White Maestro, Metro, Volvo 440 and one witness saying the car he saw was "Not a SAAB” The other differing statements given at trial, shows that at least some witnesses must have given “inaccurate” information. The judge described the evidence of McAlroy’s wife as uncorroborated and extremely contradictory The Judge directed that the jury must find Gage guilty of the second charge which relates to the white car, to have enough evidence to convict for the murder. Basically the judge was saying there was no evidence of the murder if the car could not be tied to it. The jury found him not guilty on the second charge and guilty of Murder. Not only did the jury not listen to the judge in law issues such as there was no proof, they totally went against all the judges directions. . Even the trial judge, Lord Emslie, has expressed doubts over the conviction. In a report to appeal judges, it is believed, Lord Emslie claimed many juries would have refused to convict with such circumstantial evidence. Extract from an Appeal. Extract Since Stephen Madden had only seen the passenger in the white car from a front view, someone with hair in a pony tail might look like someone with short hair. The assessment of the evidence of Stephen Madden and Agnes Edgar was entirely a matter for the jury. It would not be surprising if the jury decided to pay little or no attention to their evidence, Stephen maddens evidence was relied upon for conviction, At best his evidence was he saw a White Metro Or Maestro and he did not identify Gage. Both Madden and Edgar were reluctant witnesses but for a judge to claim it would not be surprising if the jury decided to pay little or no attention to their evidence is shocking. Is this because their evidence supports Gage's case ? Extract Turning to the evidence of Charles Bowman, the Advocate depute submitted that Mr. Bowman's evidence vouched the proposition that the car recovered from Easterhouse was at least similar to the one which Mr. Bowman had seen in Newton Station Road. Contrary to the trial judge's view at page 12 of his report, Mr. Bowman's evidence, if accepted, was consistent with the abandoned Saab being the getaway car. Mr Bowman claimed to have seen a white Volvo 440 and only after being shown the white SAAB did he say it was similar. Apart from leading this witness the police tactics in showing him the White SAAB which was recovered from Easterhouse severely taints his evidence. At its highest his evidence is capable of showing it was a Volvo used and not a SAAB. Besides this evidence there is the witness Kearns who doesn't seem to have been heard at appeal. His evidence supports the car not being a white SAAB and his reason for remembering it was not a SAAB was because he had once owned a SAAB and he would have remembered if the car in question had been a white SAAB. This evidence supports Gage and not as suggested at his appeal the Crown case “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. . Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. To remain silent and indifferent is the greatest sin of all..." Elie Wiesel Nobel Prize for Peace in 1986. |
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| scotkaz |
http://news.stv.tv/scotland/10220...on-may-be-miscarriage-of-justice/
There are two videos on this site also. A man sentenced to a minimum of 20 years in jail for a gangland murder has had his case referred to the Court of Criminal Appeal. William Gage, 37, was convicted in 2004 of the murder of Justin McAlroy by shooting him five times at his home in Cambuslang in Lanarkshire. But the Scottish Criminal Cases Review Commission has asked the Court of Criminal Appeal to re-examine the conviction. William Gage is serving a minimum of 20 years behind bars for the murder of 28-year-old Justin McAlroy. In March 2002 he was shot five times outside his home in a row over a £50,000 drug debt. Mr Gage has always said he was innocent, and now the Scottish Criminal Cases Review Commission said a miscarriage of justice may have occurred. Solicitor Aamer Anwar said: "We welcome the decision, the SCCRC believes that Mr Gage may be the victim of a miscarriage of justice and it is in the interests of justice that the case goes back to the Court of Appeal. "It has been five long hard years for Mr Gage who has always protested and maintained his innocence since the beginning. This is a positive step forward but there is still a long road ahead." At the trial McAlroy's wife Tracey told the court 'she would never forget those eyes' before identifying Gage in court as the killer. Archive William Gage report from 2005 (video) She had initially told police she only glimpsed the killer as he ran away. Witnesses at the trial described the hitman as being five feet ten tall with a round face and cropped hair, but Mr Gage is six feet two, thin and had long hair at the time. The gunman was said to be wearing a padded jacket but it was the discovery of a thin cagoule with Gage's DNA that helped convict him. The cagoule was found in a burned white Saab that had been sold by Gage a couple of months earlier. The Scottish Criminal Cases Review Commission said: "The absence of specific directions to the jury regarding the dock identification amounts to a misdirection and may have given rise to a miscarriage of justice." They went on to say that "The applicant's trial may have been unfair" in relation to the way in which evidence was dealt with. In 2006, the appeal court rejected Mr Gage's claims of innocence. He has questioned the alleged links between the deceased and senior Labour politicians. More questions about the robustness of the Crown case are posed by this appeal. Gage has already been incarcerated for seven years. Now he hopes the clock is ticking on the countdown to his freedom. |
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| Lydia |
Missed the news but I can pass on my very best wishes. You have fought long and hard and you deserve this. I hope and pray this works out for you and best wishes to your family. | ||||
| Big Wullie |
Great News
I wish Wullie and his family the very best and hope he now applies for Interim Liberation. Having spoken to his Father I am of the opinion he has great fighting spirits and will live to see his son cleared, which is his only wish for now, I wish him all the very best and pray his wish comes true. The commission are to be commended for their decision, after all the criticisms I have made over the years of them I am having to eat my words in this case. Wullies case was one which was included in my dossier to kenny MacAskill. I am ecstatic said Wullie's Father when I spoke to him yesterday. I hope the courts do not burst this feeling and free him on Interim Liberation while he awaits his appeal. The final word must go to all who have supported Wullie over the years for their tenacious support and fight to help Wullie. Thanks to all his supporters Todays Herald: http://www.theherald.co.uk/news/n...on_appeal_to_see_dying_father.php Archive from STV: http://video.stv.tv/bc/news-090612-gagearchive/ |
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| scotkaz |
http://news.scotsman.com/scotland...an39-jailed-for-drugs-.5363027.jp
Scotsman article about Wullie Gage |
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| Big Wullie |
Scotkaz
As much as I hope Wullie can be freed to be with his Father I am not entirely convinced this will happen. We need only look at recent referrals of Megrahi and Ferrie both of whom are still locked up. Megrahi is being emotionally blackmailed to drop his appeal and promised he will get out and sent to Libya if he conforms and spend the rest of his numbered days with his family. Who knows what will happen but what we expect is not always what happens. |
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| scotkaz |
Wullie
I am not confident of interim lib either but can be thankful that the SCCRC referred the case in the first place. However, being the eternal opimist  I can hope that perhaps the courts will do things on a case by case basis. But I will not be surprised if it does not happen sadly.
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| Big Wullie |
Scotkaz
Another thought entered my mind while thinking of Wullie's poor Father ! Wullie could apply for Home Leaves which would soften the blow a little for his dad in that he would not have to visit the Prison. |
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| scotkaz |
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| scotkaz |
I think this is in the works, Mr Gage Snr is fighting on and getting treatment. He is a tough cookie. I only hope he can hang on long enough to see justice done for Wullie I came across this article that didnt get posted on here. Thought I would add it so it is there for people to read later. http://www.guardian.co.uk/uk/2009/jun/23/glasgow-murder-case-review William Gage, who was convicted of murder in 2004 and sentenced to life imprisonment with a minimum of 20 years before he becomes eligible for parole, may be about to see a change in his fortunes. Earlier this month, the Scottish Criminal Cases Review Commission (SCCRC), which investigates possible miscarriages of justice, referred his case to the high court. While there is no guarantee that he will be freed, it is possible that the jury verdict that sent him to Shotts maximum security prison in Lanarkshire, Scotland, may be overturned. Gage, 38, who bought and sold used cars, is in prison for a high-profile murder. At about 10pm on 7 March 2002, Justin McAlroy was shot five times outside his house in Cambuslang, Glasgow. He had crawled under his car in an attempt to escape, but died a few hours later in the city's Victoria Infirmary. The shocking circumstances of the killing – his pregnant wife, Tracy, heard the shots from inside the house and glimpsed the killer as he ran away – alone ensured that it would be a big news story. But McAlroy was not just anyone. He had contacts and enemies in the criminal world. During the trial the court heard that McAlroy was under surveillance by the Scottish drug enforcement agency. His father, Thomas McAlroy, was a millionaire businessman who donated thousands of pounds to the Scottish Labour party. Only six days before his death, Justin McAlroy attended a Labour party fundraising dinner at his father's golf and country club. Also present were Jack McConnell, an MSP, and John Reid, the former home secretary. In such a high-profile case, the police were under pressure to achieve results. On a sunny morning in May 2002 police arrested Gage in the West End of Glasgow. He was detained on suspicion of McAlroy's murder. As Gage would admit, he was no angel. At the time of his arrest he was out on parole, having served three and a half years of a seven-year sentence for his part in an armed robbery as the getaway driver. After his arrest for murder, Gage contacted the Miscarriages of Justice Organisation Scotland. John McManus, one of its founders, described the ensuing trial as a "theatrical farce" and dismissed the evidence as being full of "supposition and assumptions". Gage denied murdering McAlroy and perverting the course of justice by trying to destroy evidence in the getaway car. The prosecution's case was built around the discovery of Gage's DNA in a white Saab and the presence of firearm discharge residue (FDR) found on items of clothing, a black cagoule jacket, a snood (a hood or scarf) and a pair of gloves. In a key moment of the trial, Tracy McAlroy, who said she would never forget the killer's "evil eyes" (his face was covered), identified Gage as her husband's killer. In his summing up the judge, Lord Emslie, seemed to draw the jury's attention to discrepancies in the prosecution's case. He pointed out the contrast between the descriptions of the padded Inuit-style jacket worn by the killer with the thin cagoule found in the Saab; he noted that it was beyond dispute that items in the car bore Gage's DNA, but asked members of the jury whether they were convinced that the Saab had, in fact, been the getaway car; and he cautioned them about the testimony given by Tracy McAlroy. He said: "I would have to direct you in that situation, that is if it is the wrong car and the wrong jacket – you would have no proper corroboration, no proper corroborative basis, to hold this murder charge proved against the accused, William Gage, and you would require to return a verdict of acquittal, if all you were left with was a few people who said general things about build and one person, Tracy McAlroy, claiming to recognise eyes: that would not be enough." The jury found Gage guilty of murder after the two and a half-week trial. He was sentenced in February 2004. His appeal was rejected in 2006 and, in December 2007, the SCCRC decided not to refer his case to the high court. But the commission reversed its decision on 12 June. It is understood that it was troubled by Tracy McAlroy's identification of Gage in court. While it is a staple of film and television courtroom dramas, "dock identification" has long been considered an outdated and unreliable method of helping to convict people. While the commission took note of Emslie's comments to the jury about Tracy McAlroy's evidence, it highlights his failure to address the risks associated with identification from the dock. "The commission is struck by the absence of any reference to the dangers inherent in a dock identification, or of any reference to the fact that no previous, fairer identification had been obtained (there was no identification parade)," the report said. The commission also raised concerns about the identification of the white Saab by one witness, Charles Bowman. Bowman, a night security man, initially thought he had seen a Volvo but changed his mind when the police showed him a Saab. The commission said that no attempt was made to highlight the potential for Bowman's evidence to be tainted, given that he had originally identified a different make and model of car. Similar concerns were raised about the identification of clothing, including the jacket. After 89 pages, the report concluded: "The commission believes that there may have been a miscarriage of justice in the applicant's case. The commission also believes that it is in the interests of justice that the case be referred to the high court for determination. The commission accordingly does so." |
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| scotkaz |
Wullie Gage has lodged his appeal today
HMA -v- WILLIAM GAGE GL02020560 XC408/09 Note of Appeal Lodged 18/09/2009 1 Day 18/09/2009 WILLIAM GAGE Aamer Anwar&Co HMA -v- WILLIAM GAGE GL02020560 XC408/09 Order Judge report 18/09/2009 1 Day 18/09/2009 WILLIAM GAGE Aamer Anwar & Co |
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| scotkaz |
HMA -v- WILLIAM GAGE GL02020560 XC408/09 Judge Report Received 06/10/2009 1 Day 06/10/2009 | ||||