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Ben Young
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Joined: 09 Mar 2015
Posts: 74

PostPosted: Fri May 12, 2017 12:38 pm    Post subject:  Reply with quote

In the context of someone being wrongfully convicted on an Art & Part basis I believe the Jogee case would be a good starting point.

Any lawyer worth his salt will be aware of the significance of this case.
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PostPosted: Sat May 13, 2017 1:18 am    Post subject: no evidence means no appeal Reply with quote

Young was convicted on such little evidence that it's now so hard to get an appeal.. The SCCRC are in agreement that there may have been a miscarriage of justice on Young but as there ruled by test of law they can't pass his case on. There is so many points of law and holes on the evidence but there not aloud to test them accumulatively they can only test one part by one point. Young was convicted on very minner circumstancial evidence of murder (not a art and part not joined enterprise) just murder the courts said hes guilty of murder.

Now I didn't read every word on here before as was taking back by the hypothesis but read more tonight so let's state some facts? From start to finish.

Young worked as a roofer on a job where there was around 15-20 other work men's. Joiners plumbers painters sparkies and plasters. There were scaffold all over house front to back. The man who owned the house had a legal fire arm he last seen it in may 2005 when moved it to a shoe closet. In July 2005 after scaffold went up he had a break in via a window and lost items and valuable. (He didn't think to check gun safe??) Then Ben Young and roofer wishong fong along with company owner bill smith go to the job to look at slating the roof. October 2005 when starting the job the other firm cambell and smith said to both roofers don't leave your tools over night we have lost generators drills the lot! Young and fong  were only on job for two weeks in October 2005. The man reported gun missing December of 2005 so from may to December 2005 he can't be sure when it had been stolen. Young's firm never had keys to the house as there roofers but the other firms did.

Now was young ever there alone? No. Was wishong accused of stealing a gun? No. Was Young's finger prints on gun? No. Was it ever proven that young stole this gun? No. Is there any man or woman out there that had ever seen ben young with this or any other gun? Is there any other police complaint where a person said Ben young treated me with a gun? No.

Now this one gun went missing sometime between may  and December 2005. Had Jamie bain been questioned for anything gun related before may 2005? Yes. Jamie bains house was searched in 2004 twice over gun allegations. Also a shooting of a door in the gracemount area.

Now on to the night in 2006. This idea that young wouldbbe scared of bain I can't see that to be anywhere near the truth as if you know Ben young he wasn't one you could scare easy.. Bain didn't have a hold over anyone. Yes he partied and took drugs and was wild but young wasn't into that life style. He doesn't drink or take drugs and would very rarely be in a pub and was never in a house party. So bain and Cosgrove are party lads and take drugs daily none work and both well known in house parties.  Then you have Young. Worked six days a week and was known as delboy as was always selling anything from cheap van or car to a caravan he'd cleaned up. He was what I'd call a trier he tried make a pound here in there where he could he always had two or three motors for sale.

So on the night of the shooting was young in the pub with the family and friends ? No was young with bain and Cosgrove? No he was with his two kids at home as his wife was out with Young's mother and sister and his sister in laws having a girls night. So if he drove them then he had two baby seats in there too.

Richard Cosgrove gave a full statement just days after the shooting and in full detail step by step relived that night in his interview. He states they were in the flat at gracemount area when jamie got a call saying they hurt your dad. Jamie turned to a girl and said *blank* is gettiethat. And held a gun sign to his head he said come on cossy (Cosgrove nick name) then they leave flat. This is backed up by witnesses in flat plus CCTV of them leaving the stair door. They head to lasswade road and jamie sees a friends van in car park of Northfield pub the laziness in him he goes into pub and asked for a lift. Hes unsuccessful and impation so leaves fast and Cosgrove follows (all this being told by Cosgrove passionatly and backed by other witnesses and CCTV of lasswade road) again Cosgrove said we walked we walked... They head along lssswade road and down to gilmerton dykes road were bain goes into his grans. In Cosgrove statement he tells police he was standing out side and bain and family were all shouting and he could see through window. He even describes the black railing and three steps. Then he said bain came from side of building with a bag and said let's go.. Walking up gilmerton dykes avenue and out top crossing lasswade road and into the dip. (Now these roads are not driveable so where's Young??) Anyway Cosgrove said once in the dip (dark field known as dip) bain pulled out masks and gloves and two hoodies and the sawn off shot gun. He said this was when he realized bains plans and bain said just open the door I'll go in. Cosgrove told police they walked out dip and out southhouse terrace onto captains road and upto pub.

Interesting point two unknown to anyone witnesses innocently standing at bus stop on captains road said they seen these two men looking odd.. And they remembered feeling as if they'd came from nowhere as the road and area was so quiet. When asked if seen a van or car anytime before seeing these men they said no it was really quiet that's why they got bit spooked when two men all in black came from no where.

So again where's Young?

The shooting happened and they run away at no point in Cosgrove statement was he in a vehicle or said any plans were made or decussed as to what to do after thevshot. He just ran and so did bain both in different ways? Now if three men had a plan why would two run in different ways?

Now let's get to phone records. Bain called young but no call lasted 2seconds then bain calls from another number and said something about signal. He wants to buy a car.. Young said cars there if you bring cash. Bain had ways to get his way people reading this who know him know what I mean. He'd try moan or cast something up to try get his way.. Now this is second hand information but I'm told young said there's are car there if you want it bring cash. Bain wanted young to bring car to him but young said he can't. This conversion was over three phone calls as bain kept hanging up and calling back from other numbers. Young txted bains phone *where are you* after being asked if could take car to him and cut off phone. Bain called back *I was at your house your not there Ben I need a car quick just bring down to my street* bain hung up again (young knew bain was not at house and was just chancing his luck) young texted *I'm here now* meaning I'm home if you want car its here. Bain called and they spoke for 7-8seconds and no more contact.

Young was also txting his wife and if you follow there conversion you can see the txt young sent to bain (stored in phone as a single J) was *am seen* when you following conversion you see he ment *am seak* as in fed up as his son was moany and wouldn't settle.

Now the missent text was never read nor opened as the shooting happened and finished by time txt was sent.

Young's wife and mother drove up captains road Young's mother driving his wife home and they seen all the people outside pub.. As they passed and gone to Young's home where he was sat on couch with his baby son. Young's mum and wife said something has happened Shaun and that are out outside the marmion ? They ment Shaun McKinnon Young's good friend and that ment loads others young knew so he left got in his van and drove round.  

The crown built there whole case using statements and CCTV to show the story I just told and if its true that young drove them then 60% of the trails evidence wouldn't be there to see..

So is Ben young guilty of murder? Or is this just a very big circumstancial misunderstanding because police just wanted young too.
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Joined: 09 Mar 2015
Posts: 74

PostPosted: Mon May 15, 2017 3:38 pm    Post subject: Reply with quote

So you are saying there was no getaway driver involved in the first place.

On the other hand, were directions given to the jury covering Art & Part considering that under the Crown's case he was not responsible for the fatal blows.
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PostPosted: Mon May 22, 2017 10:21 pm    Post subject: Reply with quote

That's correct its been accepted there was no getaway driver act or any plan for a getaway driver at all. No there was never any direction to jury about art and part wither ? Young was convicted of same charge as bain and Cosgrove also is serving two years more than Cosgrove.
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PostPosted: Mon May 22, 2017 10:24 pm    Post subject: Reply with quote


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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.