Appeal judges to consider conviction of Paisley dads' killer

Appeal judges are set to issue a decision on whether a convicted criminal who murdered a dad of three is the victim of a miscarriage of justice.

Published 14th May 2019

Appeal judges are set to issue a decision on whether a convicted criminal who murdered a dad of three is the victim of a miscarriage of justice.

Lawyers for 26 year-old James Wright claim their client didn't receive a fair trial because his then defence advocate, Ian Duguid QC, made mistakes in his closing speech to jurors.

Wright, of Paisley, Renfrewshire, was jailed for life at the High Court in Livingston in June 2018. He took 31-year-old Craig McLelland's life after stabbing him.

At the time of the murder, Wright had been illegally at liberty for six months after he sabotaged a tag he had been given for an earlier knife offence.

The Court of Criminal Appeal in Edinburgh heard Wright's current lawyer, John Scott QC, say on Tuesday that Mr Duguid's actions meant that Wright didn't receive a fair trial.

He added: "He got parts of the evidence wrong - worst of all he suggested there was impropriety on the part of the Crown which was just wrong."

Wright was ordered to serve at least 20 years in prison by judge Lord Matthews.

Passing sentence, Lord Matthews said he had "no answers" to why Wright hadn't been recaptured after a breaching a home detention curfew.

The court heard that Wright had 16 previous convictions before he attacked Mr McLelland in a "senseless" attack.

Wright had earlier stood trial at the High Court in Glasgow. During those proceedings, the court heard how Wright stabbed his victim after asking him for a light.

Mr McLelland was on his way to see a pal in the town safety play with his X Box. He left his home in the Foxbar area of the town at 11.15pm on July 23 2017.

Moments later, Wright came along and stabbed Mr McLelland's heart. He then bled to death.

The court heard how moments after the attack, Mr McLelland called for an ambulance himself and as paramedics tended to him, he told them the names of his partner and children and said: "Don't let me die."

Wright had been thrown out of a party earlier that night.

Passing sentence, Lord Matthews said: "You have a number of previous convictions including two for carrying a sharp implement in public.

"I note also that your last sentence for just such an offence was imposed on October 21 2016. On February 13 2017, you were released early from that sentence and placed on a home detention curfew involving the use of an electronic tag.

"You breached that curfew and it was revoked 11 days later but you remained unlawfully at large for nearly six months during which time you committed this awful offence.

"I have no doubt that questions will be asked about that but I am afraid I have no answers."

On Tuesday, prosecutor Ashley Edwards QC asked appeal judges Lady Dorrian, Lord Turnbull and Lord Menzies to refuse the appeal.

She argued that Wright's conviction was safe.

At the conclusion of proceedings, Lady Dorrian said the court would issue its decision in the near future.

She added: "We will take time to consider our decision."