The supressed evidence

The Herald reveals evidence that was supressed. Would it have made a difference if made known to the jury? Who knows?

David Bain told a school friend that he could rape a woman and use his paper round as a false alibi, according to secret evidence that was suppressed during his murder trial.

The jury in the 12-week trial never heard the witness statements of the former Bayfield High School students, as the Court of Appeal ruled that the Crown evidence was too prejudicial against Mr Bain.

Now that Mr Bain has been found not guilty of murder, the Herald can reveal the evidence of Mark Buckley and Gareth Taylor, who say Mr Bain planned a rape of a female jogger while at high school. …

The pair told police Mr Bain had a sexual interest in the young woman and told Mr Buckley in 1990 that he could use his paper round to “get away” with the proposed crime. …

“Mr Buckley’s evidence is that the appellant proposed to free up time for this offending by arriving at the usual times at houses where he would normally see the residents (thus suggesting a normal delivery round) but delivering papers at other houses much earlier than usual,” said the Court of Appeal judgment.

Another Herald story covers the reasons for the acquital.