Judges hear man's murder appeal

Mr McAlroy was shot outside his home in Cambuslang

A man convicted of killing a businessman over a drug debt has launched a bid to have the murder conviction overturned.

William Gage, 33, was jailed for life and ordered to serve at least 20 years behind bars following the shooting of 28-year-old Justin McAlroy in 2002.

On Friday, three appeal judges in Edinburgh heard that the original trial had received conflicting evidence.

The victim was shot outside his home in Cambuslang near Glasgow.

Solicitor advocate Jim Keegan said he was concerned about the evidence given by Mr McAlroy's widow Tracey who identified Gage as the killer because she said she recognised his eyes.

A situation arose that the jury was apparently looking for something which had never been mentioned Jim Keegan Solicitor advocate

He also told the appeal that on the night of the shooting Gage had been out with a female friend, Ann Ross, which had not directly been disputed by the Crown.

Mr Keegan argued that any reasonable jury, having been properly directed in the case, could not have been satisfied beyond reasonable doubt that Gage was guilty.

The victim was the son of Lanarkshire hotel and building business boss Tommy McAlroy.

He had just left his car to walk to his house in Acacia Way in March 2002 when he was shot in the legs with a 9mm pistol.

Mr McAlroy, 28, tried to crawl to safety but the hooded gunman crouched over him and fired three more bullets into his head and chest.

The trial heard how Mr McAlroy's pregnant wife saw the hitman run away.

Under surveillance

Mr McAlroy had been under surveillance by the Scottish Drug Enforcement Agency for more than a year.

Mr Keegan said of Miss Ross's alibi for Gage's whereabouts: "She said that on the night of the events when Mr McAlroy was shot the accused was with her and that they were in fact travelling in the other direction in the Clydebank area."

Mr Keegan expressed concern that at the time of the trial the jury during its deliberations had asked to see Miss Ross's telephone records and her diary.

After both requests were denied by the judge Lord Emslie, the jury then later returned with a verdict of guilty.

Mr Keegan said of the phone records: "These records had not been mentioned in the evidence because they did not exist, as far as the case was concerned.

"A situation arose that the jury was apparently looking for something which had never been mentioned."

Police interviews

Mr Keegan said that during the trial Mr McAlroy's widow said she saw someone leaving the scene and then identified Gage as that person in court after saying she recognised his eyes.

The lawyer said: "In the many statements that she made to the police she did not once mention eyes."

He added that Mrs McAlroy also never mentioned the identity of the killer in police interviews before the trial.

Speaking for the Crown, Alan Turnbull QC said the jury had been entitled to infer that Gage was the gunman.

Phone call

He said Gage's DNA and firearm residue were found on clothing in a car in the Easterhouse area, which the jury had been entitled to believe was used for criminal activity.

Mr Turnbull also said the jury was entitled to infer Gage made a phone call on the evening of the shooting which was traced to the Easterhouse area.

He added that, under police caution, Gage had been unable to offer an explanation as to why his DNA was found on the clothing.

Lord Cullen, who is considering the case with two other judges, said they would issue their decision at a later date.