Freed pending 'miscarriage' appeal

Gair has served 11 years for murder

The man at the centre of what campaigners claim has been one of the biggest miscarriages of justice in Scottish legal history, has been freed from prison on bail pending an appeal.

Stuart Gair was convicted of murder 11 years ago but has protested his innocence ever since.

He claims he was framed by police for the murder of Peter Smith in a toilet in St Vincent Street.

His case has been referred to the Court of Appeal by the Scottish Criminal Cases Review Commission, although judges said his release was not a comment on the likely outcome of his appeal.

Mr Gair, 37, was convicted of the brutal murder of Mr Smith in 1989.

No opposition

His lawyer, Edgar Prais QC, told the Court of Appeal in Edinburgh that the appeal process was likely to continue well into next year and that Gair had already served virtually a life sentence.

He also told Lord Milligan, sitting with Lords Philip and Reed, that Gair had been offered a home with Dr James McGregor, a long-time supporter.

After hearing that there was no opposition from the Crown, Lord Milligan ordered Gair's release from Shotts Prison, pending the result of his appeal.

The judge added that the granting of bail was in no way a comment on the strength of Gair's appeal.

The Scottish Criminal Cases Review Commission - set up to look at alleged miscarriages of justice where the normal appeal process had been exhausted - regarded his claims as arguable.

Gair claims that he has an alibi for the time of the stabbing, and that witnesses who gave damning evidence against him at his trial have now come forward changing their stories.

His defence team are also challenging forensic evidence said to link the fatal knife to Gair.

Gair has been ordered to stay away from potential witnesses as a condition of his freedom.