Published: Wednesday, 1st October, 2008 09:00
Suitcase killer's appeal rejected
By Ally McGilvray
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A MAN jailed for killing a friend and putting his body in a suitcase before dumping it in a river has failed in a bid to have his trial ruled unfair.
Kevin Gibson, 28, was jailed for life after being convicted of the murder of Timothy Wallace, 24, from Galashiels, at a homeless hostel in Edinburgh in July 2003.
He argued he had suffered a miscarriage of justice as a result of his QC leaving the case.
However, the Court of Criminal Appeal in Edinburgh has rejected his claims.
Appeal judges were told that after the 2004 trial had been hearing evidence for 11 days defence QC William Taylor told judge Lord Dawson he could no longer represent Gibson.
His new legal team asked for the trial to be abandoned and to start again at a later date.
Lord Dawson, who has since died, turned down the defence demand after calling in two other judges to help make the decision in April 2004. The Court of Criminal Appeal has now backed that move.
It also rejected a claim that Lord Dawson had misdirected the jury by telling them evidence about the disposal of the body of Mr Wallace could count against Gibson on the murder charge.
Timothy’s brother Martin Wallace, 33, from Galashiels, welcomed the decision. Speaking publicly for the first time he revealed he had feared Gibson’s sentence would be quashed amid concerns over overcrowding in the country’s jails.
Martin said: “I’m really pleased. I would have been devastated if he (Gibson) had had his sentence overturned.”
He added: “It’s been hard not having Timmy around these past five years. He would have been 29 now and he still had his whole life to live.”
Gibson, who was told he must serve at least 15 years in prison before being considered for parole, is due to return to court at a future date which is still to be fixed.
Appeal judges will then hear claims that he suffered a miscarriage of justice because information which might have aided his defence was withheld from lawyers.
Timothy had been staying at the Dunedin Harbour Hostel and his remains were discovered in the Water of Leith on 28 July last year.
The court heard that Gibson punched and kicked his victim, stamped on his head and body, repeatedly hit him with a belt and threw a kettle of boiling water over him.
The judge told the nine women and six men on the jury that because the trial had been so distressing they were excused further jury service for life.
Passing sentence, Lord Dawson said: “No words of mine can possibly bring Timothy Wallace back to life.”
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