David Gilroy may use report error in appeal

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DAVID Gilroy’s lawyers may seize on a prosecution error as they look for grounds for appeal.

Copies of a written report on the possible cause of injuries to Gilroy were supposed to have had a section cut out before being handed to jurors because the defence complained it strayed into speculation. But three copies still included the relevant passage. Defence counsel Jack Davidson QC failed in his request for the trial to be restarted on this basis.

Gilroy was convicted by majority verdict and as he continues to protest his innocence is likely to appeal against the conviction.

The charge is unusual in that it states he murdered Ms Pilley by “unknown means” and attempted to defeat the ends of justice by hiding her body and driving it to various locations in the boot of his car.

Philip Cohen, a partner in Lambie and Co, solicitors, said the appeal process was a lengthy one. He said: “After a convicted person lodges a notice of intention to appeal, this starts the appeal process.

“They will closely scrutinise the Judge’s Charge for any possible grounds of appeal, such as misdirection on a point of law. The defence may also argue there was insufficient evidence to convict.

“Once the appeal is lodged it will be examined by a High Court judge, who will decide whether there are grounds for an appeal. If this judge refuses, it can go to another judge. If either judge agrees there is an appeal it will go to a full hearing.”