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Bilko

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I believe Hammer6 mentioned this chap (David Asbury) I thought i would post this article taken from the Sunday Herald to highlight the 'honest mistake' syndrome that seems to be the scurge of police forces across the UK.......We may well have a pandemic on our hands here. Bilko

David Asbury spent five years in prison as a result of ‘unsafe’ evidence. With details of the case now public, he talks for the first time about the SCRO’s ‘honest mistake’

"I was totally bewildered. I kept thinking that it would all get sorted out when it went to trial," says David Asbury.

“It didn’t.” In June 1997, five months after the bloodied and battered body of 51-year-old Marion Ross was found lying on her bathroom floor, Asbury was jailed for life at the high court in Glasgow for her murder. At the trial, the crucial piece of evidence that tied the 20-year-old joiner to the victim was a sweet tin in his room filled with £1400. According to the Scottish Criminal Record Office (SCRO) experts, the print of Ross’s right fore finger was found on the tin.

A picture began to emerge in the jury’s mind: here was a cold and calculating killer with theft as his motive. He knew the woman. In fact, he had been in the house before. In 1995 he carried out work on her extension with his grand father. There were no signs of forced entry so the chances were that Ross knew her murderer. She was a recluse with very little in the way of family, few friends, and who kept strangers at arm’s length.

After 13 days, the forensic evidence linking Asbury to the victim proved overwhelming. Asbury was the man who had entered her home on January 8 and buried a pair of scissors in her throat, embedded up to the handles. When Ross was discovered in her semi-detached bungalow, she was also found to have had her ribs crushed and had been stabbed in the eye.

It was only in 2000, after Shirley McKie was cleared of perjury and doubts were raised over that fingerprint evidence, that attention turned to Asbury’s conviction. Two years later, at a brief hearing, Asbury was freed. Little detail about the case was made public as the Crown did not contest the appeal, but all agreed that the forensic evidence used to convict him was “unsafe”.

Nine years after the murder, in the fallout from the McKie legal case, the full details of allegations of criminality against the SCRO are being made public.

In his first interview since the Scottish Executive made a £750,000 out-of-court settlement with McKie, Asbury, now 29, calls for a public inquiry into the full circumstances surrounding the Marion Ross case and the fingerprint evidence.

“A public inquiry is definitely needed now,” he says. “ I want to know why they did this to me. At the trial I was thinking, ‘How can Marion Ross’s fingerprint be on the tin?’ I knew the tin was mine and it had been in my room for about a year.

“I started to think that they had taken the tin to the mortuary and placed the fingerprints on it there.”

Asbury, who still stays in Ayrshire, is also critical of Jack McConnell’s statement of an “honest mistake” in the McKie case.

“Nobody is saying that it was an honest mistake, so to argue that is ridiculous,” he adds. “For the SCRO experts to say that they did not make any mistakes in this case is a nonsense. Despite the wealth of evidence, they know they can’t change their minds now, because they lied. They’ve no other choice but to stick to their story. I know they fabricated the evidence because the tin was mine.”

Despite his conviction being quashed, Asbury says that he is aware there are still those who believe that he is guilty.

“I know that those who believe the SCRO will think that I did it. Believe me, I’m innocent. I would like the police to reopen their investigation into the murder because the killer of Marion Ross is still walking about.”

19 February 2006

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Hi Bilko...  thanks for your post.  How very strange... I've just been reading through the Sunday Herald archives and am sure I've just read that very same article.  Admin has also just posted one regarding the Shirley McKie case, so I think we should all continue to do an excellent job in exposing this lying, corrupt and evil system.  Let's not give up.


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Bilko

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Great minds Admin......They think alike. So i am told. Bilko
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Reply with quote  #4 

Spot on Bilko... great minds do think alike.  People who also share a level of intelligence, respect for the welfare of other people and who aren't afraid to voice their opinions... we have much in common, no?  You're posts are great, keep them coming.  

 

P.S. Only thing we don't have in common, is my specs urnae half as dodgy as yours urr...    


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Bilko

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We most certainly have a lot in common Admin.... dodgy glasses apart that is. In my defence that is an old picture...Bilko now has new glasses Gucci no less. Bilko now always refers to his glasses as his 'Gucci Glasses'......lest his daughters and Mrs bilko should ever doubt The bold bilkster is still a dedicated follower of fashion. Bilko
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Reply with quote  #6 

I am sure the Bold Bilkster is indeed a follower of fashion, so you beat me hands down on the Gucci specs... until I get my Oakley's that is....


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Bilko

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Oakleys eh? Well noo am oot my league.....Ahh knew Admin was a fashion icon.....had to be with those 44" pins.....Christ something else we have in common...........44"...........That's Bilko's waist size!! Bilko
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Aye, and nae ordinary Oakleys either - them ones with the MP3 player in the side nae less...  what a coincidence with the 44" thing though - tell me, do you also have trouble finding jeans to fit?


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Bilko

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Not when i shop at Marks and Sparks Admin, who cater well for the 'larger gentlemen'. It's a long time since my erse felt the comforting luxury of an Armani or Gucci jean though which were my denim of choice four or five stone ago Bilko
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Marks & Spencer, Armani, Gucci, Next - nobody seems to cater for the longer-legged ladies... so you can imagine the trouble that one has finding jeans that don't invite such comments as 'whae shot yer cats'???
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Bilko

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Never thought of that problem for the 'longer leg' lady. Always assumed they would be well catered for....my advice? Check out the US online clothes stores...those Yankies do ALL sizes...some BIIGGGG MUDDAF***ERS over there! Bilko
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Reply with quote  #12 

Thanks for the advice Bilko... never really considered myself to be a big m***af***a, but will be sure to have a look.  It just irritates me that British manufacturers take the average height/size of a lady, and don't consider us ones who exceed the 5'8" height and 34" leg length (and even THAT is considered long!).  But then, at least I get to know what the weather is like before most others do....  Anyway, enough ranting about my apparel problems, before I really get started!


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Mr Asbury was highlighted by me in earlier posts so thank you for the clarification as I knew the case involved a tin with money in it an hope that his lawyer will take it to an OPEN COURT as I personally think Shirley McKie should have done it and refused the out-of-court deal.

 

Although I have great sympathy for the woman for the way she has been treated you should not have took the deal hen as you had them by the balls and you would have got millions from the court as the Executive don't give away that much dosh for nothing unless its for a night out for Jack the lad at our expense and has Mr Ferris ever thought about politics as he would have them all running for cover that way he will demonstrate to the pubic that he has changed and now wants to help public confidence in the system as we should listen more from people like him as he has been in the university of life and iv read all his book and saw him on the McIntyre programme and know he is more than capable of straight talking no nonsense politics and policing is what we want and if it takes the likes of Mr Ferris to do it why not ask your members?

 

lets have a debate on that eh?

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Hi REAL1... thanks for the post.  Wow...Mr Ferris getting involved in politics?  Hmm...  personally I think it would be a great idea, seeing as you've pointed out his no-nonsense straight talking style.  However, the only drawback that I can see about his being personally involved within the political system, is that he would tell it like it is, expose the lot of them for the liars and manipulators that they are, and then where would that leave them all?  Out of a job, me thinks.  But yeah, I'd vote The Ferris Party any day of the week. 


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Reply with quote  #15 

Bilko what's happened to this guy since he got freed, has he just started the ball rolling with his lawyers into it? It'll be interesting to see what comes out in the open with him regards to the police AND politicians who are at present probably crapping themselves! xxxsteeleyma

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