The dad of ecstasy death schoolgirl Grace Handling was among victims’ families welcoming a new bill to scrap the controversial not proven verdict yesterday.
Stewart Handling branded the verdict “lazy and convenient” after watching the man who gave his 13-year-old daughter the drugs that killed her walk free from court.
A proposal to abolish Scotland’s unique three-verdict system is contained in a new bill published by the Scottish Government which would see the most radical shake-up of the country’s justice system in decades if passed.
Critics have argued that scrapping the verdict could lead to a rise in miscarriages of justice.
But Stewart, from Irvine, Ayrshire, who was one of hundreds to respond to the bill’s consultation process, believes it will secure justice for more families.
He said: “It’s too late now for Grace’s case, but I’m really glad other families will see the benefit of this in the future. A more even playing field which is far more black and white is coming.
“I’m sure not proven was once a good principle but in the passage of time I think it has become a lazy decision for jurors and a convenient one.
“I don’t believe it’s appropriate where people have lost their lives.”
Chef Callum Owens, 22, was accused of killing Grace in June 2018 but was acquitted on a not proven verdict.
Owens had denied the schoolgirl’s culpable homicide by recklessly supplying her with ecstasy but told the High Court in Glasgow he permitted her to take the drug.
He claimed he woke up to find her cold and lifeless and attempted CPR before fleeing his flat without calling for help, later messaging a friend saying he had “killed a c*** man”.
But the court heard that Grace had taken the drug in the months before her death and Stewart said he watched a “character assassination” of his daughter by Owens’ defence before the verdict in September 2020.
Stewart, who is campaigning for law changes to target killer drug dealers, said: “I get a sick feeling in my stomach every time this subject is brought up and Grace is always at the centre of my thoughts.
“But I’m really pleased that this process was victim-led and families were at the centre of it and have been listened to.
“I do hold out hope that there will be justice for Grace in the future.”
The Victims, Witnesses and Justice Reform (Scotland) Bill will also change the size of criminal juries from 15 to 12 and aims to address a number of issues around serious sexual offences, creating a new specialist sexual offences court.
Ministers will also have the power to carry out a pilot of rape trials being conducted by a single judge without a jury.
For jury trials, the majority needed for a guilty verdict will be at least two-thirds.
Justice Secretary Angela Constance and First Minister Humza Yousaf met a number of prominent victims of crime, campaigners and organisations at a summit yesterday.
Ms Constance said the bill will “put victims and witnesses at the heart of the justice system”.
She said: “Building on the experiences of survivors, victims and their families, these key reforms will make justice services more sensitive to the trauma it can cause.”
She also hailed the creation of a new independent commissioner for victims and witnesses.
Kevin Woodburn has been campaigning to establish a Victim’s Commissioner for Scotland as a legacy to son Shaun, who was killed in 2016.
Shaun was killed by thug Mohammed Ibnomer in an unprovoked attack outside a pub in Leith, Edinburgh, on Hogmanay.
Ibnomer, who was 16 at the time, is already free from prison having served just four years.
Kevin, backed by the Daily Record, has used his experience of a system he called “barbaric and inhumane” to drive his campaign for improved rights for victims and their families.
The Law Society has previously warned the scrapping of not proven could spark an increase in miscarriages of justice.
David McKie, partner at Levy and McRae solicitors, yesterday said the verdict had been a “vital cornerstone of the Scottish justice system for centuries”.
Don't miss the latest news from around Scotland and beyond - Sign up to our daily newsletter here.
