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Last Updated: Tuesday, 6 January, 2004, 17:15 GMT
Stabbed boss 'let down by justice'
Supreme courts sign
A company boss has said there is no justice in Scotland after appeal judges failed to jail the man who stabbed him three times at a motorway services.

Appeal court judges in Edinburgh upheld the original sentence on John Gilmour of community service after prosecutors had said it was too lenient.

Robin Craddock was in hospital for six days after the attack at services on the M74 near Abington in Lanarkshire.

Gilmour stabbed his boss after a showdown over missing goods.

I don't think you have any justice in Scotland
Robin Craddock
Stabbing victim
Robin Craddock, the owner of Cheltenham-based Novellini, was in hospital for six days after the attack in May 2002.

He was stabbed three times, with each blow aimed at a vital organ.

All the wounds were described as potentially lethal.

The attack came after Gilmour had been given a quit-or-be sacked ultimatum during a meeting at the motorway service station.

The ultimatum followed an allegation of theft which was not proved.

Gilmour was sentenced to three years' probation and 240 hours' community service for assault after the original charge of attempted murder was watered down.

The Crown appealed against the leniency of the sentence, but appeal court judges upheld the term, leaving Mr Craddock angry and frustrated.

He said: "After the injuries I sustained which, quite clearly, without treatment, would have led me to bleed to death, I just literally cannot believe it.

"I don't think you have any justice in Scotland."

In his ruling, the Lord Justice Clerk Lord Gill said the High Court had emphasised inflicting serious injury with a weapon should result in a custodial sentence except in exceptional cases.

Family circumstances

But the other two judges, Lords Osborne and Cameron supported the original sentence, meaning Gilmour escaped a jail term for a second time.

The judges said the trial judge had taken into account Gilmour's family circumstances.

At the time of the attack he was earning 70,000 a year and lived in Coatbridge with his family.

His previous good character and stress caused by his father's terminal cancer were also factors to be taken into account, the judges said.

Mr Craddock said Gilmour's plea for mitigation was a disgrace and fabrication.

He told BBC Scotland that he wished the recently-introduced victim impact statements had been in force when Gilmour had gone on trial.

Mr Craddock said that if he had been allowed to address the court this might have led to a different outcome in the trial.



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