Father Who Set Ex-Wife On Fire Loses Appeal To Overturn Murder Conviction
A man who is serving life for setting fire to his former wife has lost his legal battle to have his conviction quashed.
Ahmad Yazdanparast, 63, claimed lawyers at his trial last year acted negligently when they defended him on a charge of taking his former partner Ahdieh Khayatzadeh's life in October 2013.
He claimed that his former representatives did not present evidence that would have showed that he was suffering from a mental illness, which resulted in diminished responsibility, at the time of her death.
This meant he would not have appreciated or understood the severity of his actions and that a jury could have returned a verdict to the lesser charge of culpable homicide.
However, on Wednesday, judges at the Court of Criminal Appeal ruled that there that there was no evidence available to prove he was suffering from a mental illness which would have allowed his lawyers to advance a diminished responsibility defence.
Consequently, judges Lady Dorrian , Lord Bracadale and Lord Drummond Young ruled that his appeal against conviction could not succeed.
In a written judgement issued at the Edinburgh based court, Lady Dorrian made a reference to a medical report that was prepared before his trial.
She wrote: "The conclusions of the report were equally unequivocal: 'It is clear that he does not suffer from a major mental illness, in particular a psychotic disorder.'
"The report went onto say: 'There is no evidence that underlying mental illness of personality disorder had a bearing on his behaviour at the time the alleged offence occurred. There is nothing to indicate that responsibility for his behaviour at the time of the alleged offence occurred was diminished.'
"In light of these circumstances, it cannot be said that the mental state of the appellant was not fully and properly addressed and considered prior to trial.
"An appeal on such a basis cannot succeed."
The businessman doused the 46-year-old hairdresser with petrol and set fire to her at her salon in Stirling in October 2013.
The victim, who suffered more than 95 per cent burns, was brought out alive and conscious by firefighters from the premises.
She told emergency service workers that her former husband was responsible for the attack because she had wanted to divorce him.
The mother died later that day in Forth Valley Royal Hospital in Larbert, Stirlingshire, from complications arising from the extensive burns she sustained. Yazdanparast was jailed for life following proceedings in June 2014.
Lady Wise, the sentencing judge, told him: "Your wife of more than 20 years was by all accounts a lovely person and a devoted mother to the three children you had together.
"Your actions have deprived those children of the company of their mother and your twin daughters now have the responsibility of looking after your teenage son."
Ms Khayatzadeh was in her Stirling hair salon when her former husband attacked her Following conviction, Yazdanparast's two daughters, Gloria and Glara, won a £450,000 legal action against their father at the Court of Session.
The pair and their 13-year-old brother claimed they had suffered distress, anxiety, grief and sorrow, and had been deprived of their mother, following the fatal incident.
Earlier this year, the court heard Yazdanparast's new lawyers claim that his previous legal team did not do enough to bring to the trial jury evidence that their client was of diminished responsibility in 2013.
Keith Stewart QC told appeal judges Lady Dorrian, Lord Bracadale and Lord Drummond Young that there was evidence available to prove Yazdanparast's position.
Prosecution lawyer Tim Niven Smith told the court that evidence showed that Yazdanparast's previous legal team hadn't done anything wrong.
The advocate depute told the court that there was enough material to prove that Yazdanparast acted knowing fully the consequences of his actions.
He added: "I invite your lordships to refuse this appeal. There has been no miscarriage of justice in this case which is a very, very strong one for the Crown."
On Wednesday, the appeal judges agreed with Mr Niven Smith's arguments and refused the appeal.