Category Archives: Scotland

Arts, Books, Legal, Literature, Scotland

Book Review: Conan Doyle For The Defence

SCOTLAND: TRUE CRIME

Fox

Conan Doyle For The Defence by Margalit Fox

Intro: How the creator of Sherlock Holmes unravelled a real murder and deeply troubling miscarriage of justice

ON JANUARY 25, 1925, a prisoner was released from Peterhead jail. Concealed beneath his dentures, so the prison authorities could not find it, was an urgent note from a fellow convict.

It included a message for one of the most famous men in the world – Sir Arthur Conan Doyle, creator of Sherlock Holmes.

Oscar Slater, the man who sent the message, had already spent 16 years in prison for a murder he did not commit.

In 1908, an 82-year-old spinster, Marion Gilchrist, was living in a large flat in a prosperous neighbourhood of Glasgow. On the evening of December that year, her maid popped out to buy a newspaper. She was gone for just 15 minutes, but when she returned she found her mistress bludgeoned to death.

“Miss Gilchrist,” reports Margalit Fox in this gripping account of the murder and its aftermath, “had been beaten so savagely that autopsy photographs depict a face that looks as though it had never been human.”

Oscar Slater, whose real name was Oscar Leschziner, was born in Germany in 1872. He had lived in New York, London, Paris and Brussels as well as Glasgow. He moved in a dodgy underworld of chancers and semi-criminals, but he had no record of violence.

There was not a single link between him and Miss Gilchrist. Almost certainly, he had never heard of her before he was accused of killing her.

Unfortunately, the police were looking for a suspect. In Slater – a gambler, a foreigner, a Jew and a less than solid citizen – they found an ideal candidate.

His pawning of a brooch similar to one stolen from Miss Gilchrist brought him to their attention. It was not Miss Gilchrist’s brooch but this scarcely mattered. The police wanted him found guilty. In what Conan Doyle later called “a disgraceful frameup”, they made sure he would be.

Witnesses had seen a man leaving the scene of the murder.

In an identity parade, dark-haired, olive-skinned Slater was placed among 11 pale, pink Scotsmen. As a journalist later wrote, it was “like attempting to conceal a bull-dog among ladies’ poodles”. Unsurprisingly, the witnesses picked out Slater.

All evidence in Slater’s favour was either ignored or suppressed. At his trial, the judge gave a summing-up that was outrageously biased against him.

He was found guilty and sentenced to death. He had always been fascinated by machinery, but Slater surprised his warders by taking an interest in the gallows that was being constructed to hang him.

However, he was not to become too intimately acquainted with it – his sentence was commuted to life imprisonment.

In the words of a writer at the time, he was “held to be too guilty to be released, yet not guilty enough to be hanged”.

It was at this point that Conan Doyle became involved. With his big build and walrus moustache, he looked more Dr Watson than Holmes. But, Conan Doyle had a track record for reversing miscarriages of justice. Using observation and logic like his world-famous creation, he had already cleared the name of George Edalji in as bizarre a case as any Holmes had faced.

 

AN ANGLO-Indian solicitor living in the Midlands, he had been convicted of a series of animal maimings. Conan Doyle demonstrated that the man could not have been responsible.

Conan Doyle’s first efforts for Slater were unsuccessful and the convicted man continued to suffer in prison for years. Margalit Fox quotes extensively from his moving letters to his family back in Germany, which show he was very far from the unfeeling monster that had been described in court.

When Conan Doyle received the tiny note from the dentures in 1925 (it still exists in the Mitchell Library in Glasgow), he was inspired to try again. Times had changed, and Slater had so obviously been the victim of official dishonesty and incompetence that finally, after 18 years inside, the work of Conan Doyle and other supporters had its reward.

Slater was released from Peterhead prison on November 14, 1927. The rest of the story is not always a happy one.

Conan Doyle and Slater, who only met once face-to-face, fell out over money.

Slater was granted compensation of £6,000.

Conan Doyle thought he was honoured-bound to reimburse some of his supporters’ expenses. But Slater didn’t. The two men never communicated again.

And after 20 years of freedom, Oscar Slater died at his home in Ayr in 1948.

Nobody knows for certain who killed Marion Gilchrist. The only certainty is that it wasn’t Oscar Slater, who suffered one of the worst miscarriages of justice in Scottish legal history.

Margalit Fox’s engrossing book brings his case back to vivid life and highlights the part played in it by the creator of the world’s most famous detective.

Standard
Legal, Science, Scotland, Society, Technology

Forensic Science: Scientists will bring an end to unsolved crime

FORENSICS

SCOTLAND’S top forensics scientist has predicted it will be virtually impossible to get away with a crime within a generation due to advances in DNA technology.

The director of forensic services at the Scottish Police Authority (SPA), Tom Nelson, said rapid improvements made it more likely that criminals would always be found out.

. Related DNA Phenotyping…

He said the SPA was looking at ’12 cold cases’ in which modern techniques were being used to analyse old evidence in an effort to bring offenders to justice.

New methods mean DNA traces can be found on clothing and other materials even when there is no blood – something that would have been impossible in the past.

Mr Nelson said one of the guiding principles of forensic science is ‘every contact leaves a trace’.

He said: ‘We may be recovering material at the moment which doesn’t necessarily allow us to detect an individual but, as science develops in the next 15 years, that will become possible – science is always moving on.’

Mr Nelson said the challenge for police forensics experts was to ‘throw everything that we have in our toolbox’ at securing genetic samples from crime scenes.

He said that thanks to improvements in DNA analysis ‘an individual may commit a crime and think they have got away with it for a number of years, but I believe that individual will be detected’.

The SPA’s current caseload features 12 cold cases, stretching back up to 20 years, in which forensic investigators are analysing evidence to gauge whether new breakthroughs are possible.

Mr Nelson pointed to forensics work which contributed to the conviction of nine members of a gang who were jailed for a total of 87 years in January for drug and gun offences.

Their crimes included the ‘merciless’ torture of a man over a cocaine debt and an arsenal of weapons hidden in a car. A report by Mr Nelson revealed that more than 200 DNA samples were recovered from seized firearms. More than 1,000 DNA samples and 1,000 fingerprints were recovered from various scenes.

The results of these tests identified all of the initial suspects in the case and uncovered an additional six people that were not initially linked to the group until the forensic results were provided.

Mr Nelson’s report states: ‘Criminals should be aware that they cannot escape without leaving traces of material at the scene of their crime.’

Modern forensic techniques include DNA 24, a profile kit which targets 24 parts of a person’s DNA, whereas in the past it was only possible to look at 11 areas.

However, the daughter of a former police officer, who was wrongly accused of perjury when a fingerprint found at a murder scene in 1997 was mistakenly identified as hers, questioned the SPA’s confidence in forensic science.

He said: ‘While forensics has come a long way, they still perpetuate this fiction of perfection which is not true – rubbish in, rubbish out. Human error in the collection of forensic evidence and in its analysis is still a contributor to miscarriages of justice.’

Standard
Britain, Government, Legal, Scotland, Society

The ‘right to protect property’ and ‘bash a burglar’ laws

PROPERTY AND THE RIGHT OF SELF-DEFENCE

UK ministers toughened up the laws relating to the right of self-defence when protecting property five years ago. The so-called ‘bash a burglar’ laws were introduced to dispel doubts over the right to fight back against housebreakers in England and Wales.

In Scotland, however, something of a grey area still remains.

Legislation was introduced south of the Border in April 2013 backing the ‘householder defence’, which means a homeowner, or an occupier of a property can use ‘disproportionate force’ in the heat of the moment.

A 2016 High Court ruling upheld the guidance from the Crown Prosecution Service – England’s equivalent of Scotland’s Crown Office – stating: ‘You are not expected to make fine judgments over the level of force you use in the heat of the moment. So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self-defence.

‘This is still the case if you use something to hand as a weapon.’

Acts of revenge, however, are outside the remit of the law.

But in Scotland, the law was not altered to give greater defensive rights to homeowners because Scottish ministers feared it would lead to a growing number of ‘have-a-go heroes’.

Under Scots law, any self-defence still must be deemed ‘proportionate and reasonable’.

A senior legal expert has said that, if accepted by a jury, self-defence would have the effect of a ‘complete defence’. An accused would be acquitted of the charge of murder or culpable homicide if self-defence was successfully established.

The closest thing in Scots law to the householder defence which exists south of the Border would be the concept of provocation.

Provocation is not a complete defence, but would have the effect of reducing a charge of murder to one of culpable homicide if successfully established.

 

A NATIONAL debate about a homeowner’s right to defend their property took place in 1999 when farmer Tony Martin blasted 16-year-old Fred Barras with a shotgun during a late-night raid at his remote Norfolk home.

Barras was hit in the back and died at the scene after escaping through a window. His accomplice, serial burglar Brendon Fearon, then 29, was also injured during the burglary at Emneth Hungate.

Bachelor Mr Martin, then 54, said he had been burgled at least ten times and had lost about £6,000 worth of furniture.

But he was given a life sentence after he was found guilty of murder by jury with a majority of ten to two.

Prosecutors claimed he lay in wait for the intruders and opened fire from close range. Mr Martin, who said he shot at the intruders in the dark after he was woken by the sound of a window being broken, later had his term cut on appeal to five years for manslaughter on the grounds of diminished responsibility. He served three years in prison.

He has never returned to his home and now lives at a secret address. He is understood to have slept in his car on some occasions.

Mr Martin was arrested again in December 2015 after saying in an interview he still owned guns. No action was taken because all that was found was a faulty air gun which he held legally.

Fearon received a 20-month sentence. He has since been jailed for supplying heroin. He claimed to have been permanently disabled by Mr Martin but dropped a £15,000 civil claim when he was photographed walking and cycling.

Standard