A MAN convicted of murdering his lover has challenged Police Scotland over plans to auction off the car with which it is alleged he disposed of her body.
David Gilroy, 52, was found guilty of the murder of his former colleague Suzanne Pilley in 2012 and was jailed for life, with the sentencing televised – the first time TV cameras had been allowed in a Scottish court.
However he has continued to protest his innocence. Ms Pilley’s body has never been found and there was no DNA or forensic evidence in the car or elsewhere linking Gilroy – who had been having an affair with the 38-year-old bookkeeper – to the crime.
It has never been definitively proven that Ms Pilley died at all, but key evidence at the trial related to the silver Vauxhall Vectra.
The prosecution alleged Gilroy had made an unnecessary trip to the West Highlands, by an unusually circuitous route, and damage to the car suggested he had driven it off the road. A gap of several hours between his departure and arrival, along with other circumstantial evidence, helped to convince the jury he had detoured to dispose of Ms Pilley’s body in the wilderness somewhere in Argyll.
Gilroy’s appeal was rejected by the Court of Criminal Appeal in Edinburgh in December 2012 and, in June this year, the Scottish Criminal Cases Review Commission (SCCRC) concluded evidence from a dog handler heard at the trial should have been ruled inadmissible.
Nevertheless the commission rejected his claims of a miscarriage of justice, closing the case.
Now Police Scotland has written to Gilroy in Perth Prison telling him that if he does not wish to collect theVectra, it will be disposed of by October 3, with proceeds from any sale going to Police Scotland funds.
However he has written to the company currently holding the car – 911 Recovery, of Dreghorn in Ayrshire – arguing Crown Office rules state all evidence used in the trial must be retained safely for the duration of his sentence. His family believes the car could be crucial in their ongoing battle to prove his innocence.
In a letter to the Chief Constable of Police Scotland Philip Gormley, who is on special leave while facing allegations of bullying and misconduct, Gilroy claimed his appeals were ongoing and he plans a further application to the SCCRC.
“I am extremely concerned that this key item of evidence... is being considered for disposal in the manner described...” he wrote, adding: “The case of which I have been convicted HMA v Gilroy was one in which there was no body, no forensic evidence and no witness to the crime.
“I continue to state my innocence and will be continuing to take steps towards establishing this.”
The car has already racked up more than £1,000 in storage fees, which Gilroy will have to pay to retrieve it, but doing so is likely to render it unusable as further evidence.
In a letter to the Lord Advocate, Gilroy’s stepmother, former MP Linda Gilroy, states: “Even if he were to collect the car and find a means to pay the fees demanded by 911 Recovery, David is advised that the Crown has refused in other similar circumstances to accept a defence case because the production [item of evidence] had not been in the continuous custody of the Crown/police.”
Speaking to The Herald, Ms Gilroy said: “We are shocked the Crown are not prepared to keep evidence which was central to their case that David covered up the murder he was supposed to have committed.
“To dispose of the evidence at this stage could deny David vital opportunities to add to the uncertainty that has already cast on the Crown case.”
The Crown Office and Procurator Fiscal Service (COPFS) declined to comment on Gilroy’s complaints. A spokeswoman confirmed the release of the car had been triggered by COPFS, as a result of the conclusion of the appeal and Gilroy’s failed SCCRC application. They are not concerned about what happens to an item of evidence, held by the police once released.
Once an item of evidence which is held by the police has been released, what happens to it is no longer of concern to prosecutors, she said.
Ms Gilroy said Law Society rules insist defence lawyers must keep all files relating to cases in which sentence is 10 years or more.
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