Marmion pub shooting: Ben Young appeal bid fails

Ben Young was jailed for life. 'Picture: Neil Hanna
Ben Young was jailed for life. 'Picture: Neil Hanna
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A convicted murderer has failed in a bid to challenge a decision not to send his case for consideration by appeal judges.

Bernard Young, known as Ben, was jailed for life along with two co-accused after a former boxing champion was gunned down in an Edinburgh pub.

Young, 26, had sought to have his case referred to the Court of Criminal in Appeal by the Scottish Criminal Cases Review Commission (SCCRC), which looks at alleged miscarriages of justice.

After the SCCRC said they did not consider that a miscarriage of justice may have occurred in his case he raised a judicial review at the Court of Session in Edinburgh of their decision not to make a reference to appeal judges.

But today a judge rejected his legal move and decided that his petition must be refused.

Lady Wise said the SCCRC had carried out “an exhaustive inquiry” into issues raised by Young as far as was possible given the lapse of time and the resulting unavailability of some material.

The judge said there was “little doubt” that aspects of Young’s legal representation were “somewhat unsatisfactory”.

She said the commission had considered all matters put before them on behalf of Young.

Lady Wise said they had material about the strength of other available evidence against him when considered points raised over CCTV footage and a statement from a co-accused Richard Cosgrove.

The judge said: “They were entitled to use that material as a cross check in coming to an overall view on whether a miscarriage of justice may have occurred.”

“They do not appear to have erred in their approach and have given adequate reasons for their decision,” she said.

The judge heard claims over an alleged failure to challenge CCTV timings at Young’s trial over a sighting of his van near the Marmion pub in Edinburgh’s Gracemount Road and to present Cosgrove’s statement as part of the defence.

Young was jailed for murder along with Cosgrove and Jamie Bain following a trial at the High Court in Edinburgh.

Bain shot dead Alex McKinnon, 32, a one-time Scottish bantamweight boxing champion, with a sawn-off shotgun at the pub and wounded his brother-in-law James Hendry on April 22 in 2006.

The Crown alleged that Young had driven Bain and Cosgrove to the area and provided them with masks and possibly the gun.