shirleymckie.myfastforum.org

scotkaz · Joined: 28 Aug 2008 Posts: 526

William 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.

allan mcleod · Joined: 10 Jun 2007 Posts: 157

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

scotkaz · Joined: 28 Aug 2008 Posts: 526

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

Sami · Joined: 06 Oct 2008 Posts: 9

fantastic news for you Wullie and your family.

We are delighted for you.

Let the truth set you free

david · Joined: 01 Mar 2009 Posts: 52 Location: edinburgh

Pleased 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

scotkaz · Joined: 28 Aug 2008 Posts: 526

scotkaz · Joined: 28 Aug 2008 Posts: 526

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.

scotkaz · Joined: 28 Aug 2008 Posts: 526

Other referral

John Millar

http://www.sccrc.org.uk/ViewFile.aspx?id=395

scotkaz · Joined: 28 Aug 2008 Posts: 526

Check out STV news tonight at 6pm for news on William Gage.

scotkaz · Joined: 28 Aug 2008 Posts: 526

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.