Judge orders probe into 'concealed evidence' in Inverness attempted murder case
A Judge has ordered a high-level probe after police concealed evidence in an attempted murder case in Inverness.
A Judge has ordered a high-level probe after police concealed evidence in an attempted murder case in Inverness.
Judge Norman Ritchie QC blasted the police actions as “simply incomprehensible.'
Liam Lee, 26, from Dublin, was accused of attempting to murder PC John Stirling by running him over with a BMW 6 series.
Lee admitted dangerous driving by running over his foot causing a broken toe and he was jailed for four and a half years and banned from driving for 12 years.
But he strenuously denied driving at PC Stirling and trying to kill him. He claimed from the outset that instead of driving straight at the constable he had mounted the kerb to try to avoid hitting him.
Lee's version of events was backed up by eye witnesses who spoke of him going up onto the pavement as he drove off, but the High Court in Glasgow heard that cops failed to show prosecutors these statements.
It was only when a defence solicitor went to the Kessock Avenue, Inverness, and spoke to people living nearby that he discovered that a number of statements taken from eye witnesses had not been disclosed by police.
It was only at the start of the trial these statements were made available to the court by the police.
A jury at the High Court in Glasgow was told by PC John Stirling that Lee had attempted to murder him by trying to run him down.
But, the murder bid allegation was dropped on the second day of the trial and Lee, who has 96 previous convictions for driving offences, then admitted a much reduced charge of dangerous driving and striking the officer to his injury and was jailed for four and a half years.
The failure to disclose the statements was described by prosecutor Alison Di Rollo as: “Unsatisfactory.”
Judge Norman Ritchie QC told her “It was worse than that. Material which was going to contradict the case you wished to present was not known to the Crown. It is simply incomprehensible that the police did not report to the Crown that there were eye witnesses. I can't think of any good reason why anyone reporting this to the procurator fiscal would not have included the eye witness statements.”
He told the prosecutor: “May I encourage you to ensure this is taken up with police at the highest level. This simply cannot be tolerated.”
The judge made this remark after Ms Di Rollo told him: “There was no release of these statements until the trial.”
Judge Ritchie added: “This is a troubling matter. These people were not identified to the Crown at all. This might not have come to light if it had not been for the defence solicitor.”
He made his comments before sentencing Lee, who has twice been banned from driving for 40 years in Ireland.
The court heard that police failed to tell prosecutors about eye witness statements which contradicted those given by the two cops at the scene.
PCs John Stirling, who had three years service at the time, and Jonathan Stowe, who had six months service, claimed in statements that Lee's BMW 6 series drove straight at PC Stirling as he signalled for it to stop.
The PCs said that they stopped Lee's car in Kessock Avenue, Inverness, because he had performed a u-turn and they thought he might be lost.
They chatted to Lee and the two passengers in his car for 15 minutes before both passengers made a run for it.
One made off and the other Martin McQuilliams returned to the car and Lee drove away.
PC Stirling said in evidence that he was standing about four metres in front of the bonnet of the BMW when it drove off. He said he put both hands up to signal it to stop, but had to dive to his left as it drove straight at him.
He added: “The vehicle was proceeding directly towards me making no effort to avoid me. The car bumper scrapped my knees. It struck my left knee first. I was falling backwards and I was struck over the top of my foot.”
PC Stirling said: “I was pretty scared to be honest. The vehicle was proceeding directly towards me, making no effort to avoid me.”
The court was told he was taken to Raigmore Hospital in Inverness where he was told he had a fracture of the fifth metatarsal and given painkillers and continued on duty.
He was asked what would have happened if he hadn't jumped out of the way and replied: “The vehicle could potentially have killed me.”
His colleague maintained he had seen the car run over PC Stirling's ankle until it was proved in court that from where he had been standing this was impossible.
Eventually PC Stowe admitted under cross-examination by Edward Targowski QC:: “I didn't see the direct impact.”
After saying this he took unwell in the witness box and gave no further evidence.
Mr Targowski said: “If it had not been for the defence lawyer the fact these statements existed would never have been known. The Crown is not at fault here. Also when the case came to court the corroborating officers position was different from his position when he gave a statement.
The court heard that witness statements were taken at the time from people living in houses overlooking the incident in Kessock Avenue. Inverness, but these not passed on to prosecutors preparing the case.
Their existence only came to light when a defence solicitor decided to visit the scene of the alleged murder bid and knocked on doors and spoke to people living nearby.
Strict guidelines are in force which mean police have to disclose all information about a case.
Lee also admitted a further charge of dangerous driving through the streets of Inverness later that day at speeds of up to 100mph as police tried to arrest him.
Lee , a dad-of-two, abandoned the car in Upper Cullernie Court, Balloch, and was finally caught by police dog handlers hiding in the grounds of a derelict property.
He gave police a false name Josh Byrne. Mr Targowski said that this was a name he used while he was living in Liverpool .
McQuilliams, 27, was jailed for 10 months for having heroin in his possession.