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Application to Amend Ground of Appeal Refused

HMA v David Scott 2019

Mr Scott has had his application to amend his ground of appeal refused. Mr Scott received a life sentence with minimum term of 22 years after being found guilty after Trial at the High Court in Glasgow last year of the murder of Mr Johnston. Mr Scott sought to introduce a new ground of appeal of “defective representation” to the appeal lodged at the High Court of Judiciary.

However, the amendment has been refused. The appeal court has ruled that the issues raised are, “without practical merit.” This was to add to an already existing ground bringing into evidence led during the trial particularly relating to an Audi A5. This ground was refused after the first sift and was not appealed to the second sift – instead a new ground of appeal was lodged. This new ground brought in to question the counsel of the appellant – who was represented by both senior and junior counsel and his own agents.

It included that they did not effectively cross examine key witnesses and also there was a lack of proper preparation and advice. The appellant also claimed that as it came out during witness testimony that the appellant had been imprisoned in the past the defence should have made a motion to desert the trial at this point. Three High Court Judges therefore refused the application stating there was no basis to the appellant’s arguments.

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