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Friday, July 23, 1999 Published at 14:35 GMT 15:35 UK


UK

Commons passes 'insanity' law

The Court of Appeal said Gordon had been "technically acquitted"

The House of Commons has passed a new law which will allow appeals against verdicts of guilty but insane.

The debate was sparked by the case of a Glasgow man who is trying to prove his innocence of a murder committed nearly 50 years ago.

The Criminal Cases Review (Insanity) Bill received its third reading in the Commons and will gain Royal Assent next week.


BBC Scotland's Asad Ahmed reports
The legislation was introduced after a campaign by supporters of Iain Hay Gordon, who describe his case as the UK's longest-standing miscarriage of justice.

The Criminal Cases Review Commission has begun examining new evidence in his conviction for murdering the daughter of a Northern Ireland High Court judge in 1953.

Gordon, 67, is alleged to have stabbed Patricia Curran 37 times in the grounds of her family home in County Antrim.


[ image: Gordon was in the RAF when the crime was committed]
Gordon was in the RAF when the crime was committed
The then 20-year-old RAF national serviceman was tried and found "guilty but insane", after which he was sent to Holywell Mental Hospital.

In 1960, Gordon was released under a deal which his campaigners say required him to change his name and never talk about the case.

They say his medical reports at Holywell show he was completely sane.

The CCRC team, led by Baden Skitt, former Hertfordshire Chief Constable and Assistant Metropolitan Police Commissioner, met Gordon's legal representatives and campaign team in Stranraer earlier this week.


John Linklater discusses the campaign
They submitted three dossiers of evidence to the team.

Campaign organiser John Linklater told BBC Scotland: "We believe the evidence is there and that a referral should be made to the Court of Appeal in Northern Ireland and the conviction should be quashed."


[ image: Patricia Curran: Stabbed to death]
Patricia Curran: Stabbed to death
The commissioners went on to survey the crime scene and met senior RUC officers in Belfast, where they conducted a preliminary examination of six crates of original documents from the case.

Last year, the Court of Appeal in Northern Ireland ruled that Gordon had no right of appeal because the verdict of "guilty but insane" was a technical acquittal.

His lawyers arged for a change in the law to clear the obstacle, after which a new piece of legislation, the Criminal Cases Review (Insanity) Bill, was introduced in the Commons.


[ image: Gordon:
Gordon: "I'm innocent"
It receives its final reading on Friday and is due to gain Royal Assent on 29 July.

The CCRC has taken up the new investigation in anticipation of the Bill becoming law.

Speaking last year, Gordon, said he was determined to clear his name.

"I can't think of any other democratic country in the world where you have no right of appeal," he declared.



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