The family of David Gilroy have spoken out against plans that could limit their fight for justice.
David Gilroy was jailed for 18 years for the death of former lover Suzanne Pilley whose body has never been recovered.
However, the family of Gilroy say that if plans for the Crown Office to ‘release’ evidence go ahead it could limit their ability to prove his innocence.
READ MORE: Case against killer David Gilroy flawed, says wife
David Gilroy was convicted of murder and his appeal and application to the Scottish Criminal Cases Review Commission were unsuccessful.
Due to the unsuccessful appeal, there is no legal basis for COPFS to retain the productions relating to this case.
His stepmother Linda Gilroy told the Herald: “To get rid of evidence at this stage denies David the chance to commission experts to show how badly some of the key evidence used to convict him is wrong.
“Scotland seems to be out of line with England and Wales and other modern jurisdictions in getting rid of evidence at such an early point in a sentence,” she added.
“How many other Scottish prisoners have been, or will be, robbed of the chance to prove that they have been wrongfully convicted?”
When sentenced in 2012, Lord Bracadale spoke of the “quite chilling calmness” with which Gilroy set about disposing of the body.
READ MORE: Convicted killer David Gilroy’s CCTV court bid fails
A spokesman for the Scottish Criminal Cases Review Commission said “We reviewed Mr Gilroy’s case and concluded there was no reason to believe there to have been a miscarriage of justice.”
A spokeswoman for COPFS said that while the law states evidence must be retained until a convict is released from custody in England and Wales, there is no such law in Scotland. “David Gilroy was convicted of murder and his appeal and application to the Scottish Criminal Cases Review Commission were unsuccessful. As such there is no legal basis for COPFS to retain the productions relating to this case.”
** Please note an earlier version of this report used the word destroy in reference to evidence - This has been changed to clarify that evidence will be released but not destroyed by the Crown Service. **