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Daily Record
Daily Record
National
Andrea Lambrou

'Victims' law' consultation supports grieving family's call to scrap controversial 'not proven' verdict

A Lanarkshire MSP is urging residents to support proposals for a new 'victims' law' which would answer grieving families' calls to scrap the controversial 'not proven' verdict.

Tory representative Graham Simpson's plea comes after party colleague Jamie Greene launched a member’s bill consultation to overhaul Scotland’s justice system and put victims of crime at the heart of it.

The move backs earlier calls from the heartbroken family of a man who died after being hit by a taxi in East Kilbride.

Derek McClinton was accused of driving over the head and body of passenger Craig Kearney in March 2017.

Craig was found dying in the middle of the road by passers-by and McClinton told police that he “clipped” the 24-year-old as he drove off.

Craig Kearney was found dead in East Kilbride four years ago (East Kilbride News)

But a jury at the High Court in Glasgow returned a 'not proven' verdict against the 51-year-old driver who faced a charge of murder by deliberately hitting Craig.

Craig’s parents have slammed the not proven verdict handed down by a jury saying it feels like their son has been “killed again” after the driver was cleared.

Shattered dad Barry and mum Marie want the SNP’s deputy leader to speed up a review of the Scottish justice system and scrap the not proven verdict.

The 'victims' law' proposal would remove the not proven verdict from Scots Law, switching Scotland to a two-verdict system of guilty and not guilty to end the historical anomaly and the confusion it causes.

The verdict can cause extra trauma for victims and is disproportionately used in sexual offence cases which may lead to guilty people walking free.

MSP Graham Simpson (Airdrie & Coatbridge Advertiser)

East Kilbride-based Mr Simpson accused the SNP of a "soft-touch justice system" that puts the needs of criminals rather than victims first.

He told Lanarkshire Live : “I applaud my colleague Jamie Greene for bringing forward these proposals.

"This Bill could make a huge difference for the lives of victims and families in Lanarkshire.

“This consultation can be the starting point for overhauling Scotland’s justice system and fixing many flaws that have caused a great deal of pain to victims of crime in Lanarkshire.

"The 'victims' law' has many sensible proposals, guaranteeing victims will always be put first in our justice system.

“I urge any interested people in Lanarkshire to take part in the consultation as soon as possible and rally behind it."

The proposals include abolishing the controversial Not Proven verdict; implementing Michelle’s Law to give victims a voice when criminals are considered for release; implementing Suzanne’s Law to prevent the release of killers if they refuse to say where a victim’s body is buried; giving all victims the opportunity to make statements in court; ensuring victims are always notified if no further action is taken on their case; reforming the victim notification scheme; and introducing statutory timescales for Fatal Accident Inquiries

To find out more about the consultation, head online.

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