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   Web Issue 3239 August 30 2008   
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Miscarriage of justice victim Gair dies
LUCY ADAMS. Chief ReporterOctober 31 2007

Stuart Gair, the Scot who spent 17 years waiting to prove he was wrongfully convicted of murder, has died of a heart attack just 15 months after clearing his name.

Mr Gair, 43, suffered the attack on Friday while being filmed by Donal McIntyre, the investigative journalist. He was taken to hospital but died yesterday afternoon.

Last night, friends paid tribute to the man who spent 12 years in prison, wrongfully accused of murder.

Mr Gair was only 25 when, by a majority verdict, a jury convicted him of the brutal murder of 45-year-old Peter Smith during a knife attack in Glasgow city centre.

Mr Smith, a former soldier of West Plean, Stirlingshire, was stabbed in the chest at North Court Lane on April 11, 1989, and died later from his injuries in hospital. Mr Gair denied committing the offence, but was found guilty and sentenced to life imprisonment.

He had put forward a defence of alibi, maintaining that he was in another part of Glasgow at the time of the murder, which occurred near toilets at St Vincent Place.

His fight to clear his name attracted a number of high-profile campaigners. His case was referred back to the Appeal Court by the Scottish Criminal Cases Review in 1999.

In 2000, he was freed on appeal, and began a lengthy series of court hearings.

The question of identification was the key issue at the trial and lawyers acting for Mr Gair argued that, crucially, the Crown had failed to disclose important information to his defence at the time of the trial.

During the trial, a witness, Brian Morrison, who was 19 at the time, identified Mr Gair and his former co-accused as two men he saw come out of the toilets and go in the direction of North Court Lane, a well-known hang-out for homosexuals.

He said he had a good look at the two men and studied their faces carefully. But in previous statements to police, he had given conflicting information.

During an initial statement, he said he would definitely be able to identify the two men he saw and that one of them had threatened him.

But later he told officers: "I have to tell you that a lot of what I have already told the police is not the truth and I made up some of it to attract attention to myself."

Last year when Mr Gair's conviction was overturned he said he was relieved but "shattered".

John McManus, of Miscarriages of Justice Organisation (Mojo), said the stress of being wrongfully locked up had killed Mr Gair. "All we can do now is hope his death will prevent other people having to go through the same circumstances without any support or trauma counselling.

"He was released without any support whatsoever. People have no idea of the level of stress this puts people under.

"Like all of those who have been wrongfully convicted, he was suffering from severe post traumatic stress and he hadn't even received his financial compensation.

"There has to be better support put in place to help people in these circumstances."

Mr McManus said he died at 12.40pm yesterday. It is thought the funeral will be organised by Mojo.


© All rights reserved. Reproduction in whole or in part without permission is prohibited.


Posted by: Los Angeles, Edinburgh on 5:43am Wed 31 Oct 07
How very sad.
Posted by: BM, Glasgow on 8:01am Wed 31 Oct 07
Another victim of the totally discredited Scottish legal system. Shirley McKie, Paddy Meehan, TC Campbell, Ali Al-Megrahi, this newspaper is not large enough for a full list of its victims. The worst thing is that the guilty police and legal establishment know that they are framing innocent men and women. They are the ones who should be in jail.
Posted by: FREETHEKILLIE2, kilmarnock on 10:06am Wed 31 Oct 07
R I P STUART GAIR ANOTHER SAD AND PATHETIC WASTE OF AN INNOCENT MANS LIFE.

HOPE YOU ARE HAPPY !

YOUR LIES AND UNCARING NATURE WILL COME BACK ON YOU.!


THE SYSTEM STINKS HOW MANY MORE EH !

SHAME ON YOU ALL IN THE SCOTTISH JUSTICE SYSTEM!
quote
Posted by: dobbsydotcom, glasgow on 3:51pm Wed 31 Oct 07
What a tragic end to Stuarts life. Maybe now the authorities will do something about innocent people when they are released from prison. After all it was them that put the people away in the first place. When the victims are released it should be up to the system to help them instead of putting obstacles in their way. Hang your heads in shame.
Rest In Peace Stuart
Posted by: Brian Morrison, UK on 12:26am Thu 1 Nov 07
I wish to respond to this story where my name is mentioned -

I am Brian Morrison and firstly, i wish to say that within the media , i may look the bad one here BUT then police are still lying towards statements i am supposingly given withour pressure .

Yes , i was deeply stressed and was NOT mentally ill, but a young man fleeing from a police officer who threatened my life BUT i am not sitting back and thats why i have no issue with coming in on these comments areas, as deep down i am so sorry for stuarts death BUT i did have contact with stuart and he understood the pressure i was under and also that i was the only witness that came forward , so i wish to show that i am not that sick, mentally ill lad that put an innocent man away without being threatened to pick him out and really hope that this is not closed , as stuart was murdered when you think of it with all the stress of the years of abuse and lies against him and even when i walked into court room , the police were great workers in making me look stupid with so many different statements and i have had a hell of a life since this has been going on in 1989 and have never forgot the issues of that evening and pressure and police threats and really hope that the police come to justice for all and for that i really want stuart to rest with knowing that the office that stuart and myself know is to blame mainly for this will not be left free for this and will actively appeal that this individual is brought to justice and given the life of hell that stuart and many more have lived with since april 1989

I have many times tried to go into hiding from one individual to try and live free from abuse and can no longer come to scotland and feel safe to even see my mother due to the covered up crap from this case that makes this case the worse ever and no sense was ever made of why witnesses ever left glasgow and why others were never found .. Ask yourselves that. why are none of these witnesses living in glasgow from that time many years ago ..

I almost died myself in 2005 from alcohol abuse , as the pressure of this was still so strong and living in my head and where could i turn ?

The police had made me look the oliar in this and i could not turn anywhere for suppprt and still to this day have no support i can get with this past, and have to liove with this hell i lived and really wish all who knew stuart my deep sympathy and that i really do hope that the right peole are brought to justice one day including the individuals weho caused many wirnesses to flea there own home toen and many are no longer able to be found .. as they are wishing to live new life with the past being forgotten .. But i am not able to do this, as the guilt still sits here , and also angers me knowing that an individual who i strongly blame for this to have gone so far is walking the streets of scotland with no remorse or thoughts for anyone but himself


RIP Stuart -
Posted by: OBSERVER, Edinburgh on 1:10pm Thu 1 Nov 07
R I P Stuart Gair!

How many more Men and Woman will suffer from the Scottish Justice System? I can not help thinking that the authorities are waiting for the innocent convicted to die so they do not have to pay them their financial compensation. Is it therefore it takes so long time to receive the compensation?

I read about a man who was put to jail for a crime he did not do and when he finally was released out from Jail he received a bill from the Jail!!!!!!!!! They wanted COMPENSATION for all those years of bed and food!!

I have also read that there are several Witnesses in different Injustice cases that the Police have prepared???? Is that legal??

Think of the POWER that the witness has.........ONE word from the witness and ONE man or woman’s life is ruined!!!

Think of the POWER the police have.....when they make people scared, so scared that they might say.....YES it was him/her.....I am sure!

Think of the POWER that SHOULD BE”GOOD" ”RIGHT" "LEGAL"
”PROTECTIVE” and”TRUTHFUL”.......
.............

Think about what Brian Morrisson wrote about those persons.....

""They are wishing to live new life with the past being forgotten ...

But i am not able to do this, as the guilt still sits here , and also angers me knowing that an individual who I strongly blame for this to have gone so far is walking the streets of Scotland with no remorse or thoughts for anyone but himself .

My questions are..........

CAN THEY SLEEP AT NIGHTS???

CAN THEY WALK THE STREETS WITH THEIR HEAD HELD HIGH?

CAN THEY LOOK ANOTHER PERSON IN HIS EYES?

WHEN THE GUILT TOURNAMENTS THEIR SOUL AND BODY?



THEY ARE THE ONES THAT SHOULD BE IN JAIL!
Posted by: Guje, Sweden on 1:59pm Thu 1 Nov 07
Dear everyone.

I am so sorry to hear about Mr. Gair and his tragic fate and death.

It ought of course to be natural that the authorities that put this man in prison have to pay this man damages for the time he spent unfairly in prison. A fair way to pay this retroactively would be to pay for this to an organization like Mojo fighting for justice for so many other by authorities mistreated cases.

Something has to be done about injustice, and I think that TOGETHER we CAN do something! Please read http://shirleymckie.

myfastforum.org/foru

m1.php and give your suggestions at 2008 Conference: 'Scottish Justice - An agenda for change'

'Please read also about my daughter Annie Borjesson who was murdered in Scotland Dec 2005; www.annierockstar.co

m

Sincerely, Guje, Annie's mother.
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