Oresai
11-26-2008, 05:41 PM
source, Daily Record online.
Killer wins appeal against jail term after judge's blunder
Nov 26 2008 By Joanne Curran
A MURDERER has won an appeal against his conviction because of a judge's blunder.
Derek Ferguson, 26, stabbed a schoolboy after being released early from a previous jail term.
He was jailed for life for killing 16-year-old Steven Pettigrew in a school playground in 2005.
But Ferguson yesterday won an appeal against the conviction because judge Lord Hodge didn't tell jurors they could convict on a lesser charge of culpable homicide.
Lord Osborne told the Court of Criminal Appeal in Edinburgh the error meant Ferguson was the victim of a "miscarriage of justice".
But Ferguson will stay in jail until a hearing in February. The Crown may seek authority to launch a new murder trial or the appeal judges may be asked to change his conviction to culpable homicide.
Steven's outraged mum Suzanne Pettigrew, 38, said: "I am absolutely disgusted. My son has been murdered. I feel let down by the justice system again. I think the whole system stinks.
"I know he is not going to get done for murder now. He went out with a knife that night. It ripped all the way through my son's body and left him with irrecoverable brain damage."
In a report, Lord Hodge said he deliberately didn't tell the jury about the culpable homicide alternative because neither side in the case had raised it. He thought it might have been unfavourable to Ferguson.
But Lord Osborne told the appeal court his failure to tell jurors about culpable homicide was "a material misdirection".
Lord Osborne heard the appeal with Lady Paton and Lord Mackay.
Ferguson, from Airdrie, Lanarkshire, had been released early from an eight year sentence for a 1999 axe attack when he knifed Steven on April 1, 2005.
Steven was with other teenagers in the playground of Chapelside Primary School in the town, when Ferguson turned up with pals and attacked him.
Massive blood loss caused a major brain injury and the teenager's life support was switched off five days later.
Killer wins appeal against jail term after judge's blunder
Nov 26 2008 By Joanne Curran
A MURDERER has won an appeal against his conviction because of a judge's blunder.
Derek Ferguson, 26, stabbed a schoolboy after being released early from a previous jail term.
He was jailed for life for killing 16-year-old Steven Pettigrew in a school playground in 2005.
But Ferguson yesterday won an appeal against the conviction because judge Lord Hodge didn't tell jurors they could convict on a lesser charge of culpable homicide.
Lord Osborne told the Court of Criminal Appeal in Edinburgh the error meant Ferguson was the victim of a "miscarriage of justice".
But Ferguson will stay in jail until a hearing in February. The Crown may seek authority to launch a new murder trial or the appeal judges may be asked to change his conviction to culpable homicide.
Steven's outraged mum Suzanne Pettigrew, 38, said: "I am absolutely disgusted. My son has been murdered. I feel let down by the justice system again. I think the whole system stinks.
"I know he is not going to get done for murder now. He went out with a knife that night. It ripped all the way through my son's body and left him with irrecoverable brain damage."
In a report, Lord Hodge said he deliberately didn't tell the jury about the culpable homicide alternative because neither side in the case had raised it. He thought it might have been unfavourable to Ferguson.
But Lord Osborne told the appeal court his failure to tell jurors about culpable homicide was "a material misdirection".
Lord Osborne heard the appeal with Lady Paton and Lord Mackay.
Ferguson, from Airdrie, Lanarkshire, had been released early from an eight year sentence for a 1999 axe attack when he knifed Steven on April 1, 2005.
Steven was with other teenagers in the playground of Chapelside Primary School in the town, when Ferguson turned up with pals and attacked him.
Massive blood loss caused a major brain injury and the teenager's life support was switched off five days later.