CRAIG MCCREIGHT PAYOUT BID FAILS AFTER HE WAS JAILED OVER DEATH OF LOVER YVONNE DAVIDSON
A MAN who had his conviction for murdering his partner quashed has failed in a bid for compensation after a judge ruled there was “compelling evidence” he had committed the crime.Craig McCreight, 44, was jailed for life in 2002 following a trial in which he was found guilty of killing Yvonne Davidson by poisoning her with chloroform at their home in Broxburn, West Lothian, three years earlier.
But judges ruled in 2009 he had been a victim of a miscarriage of justice after hearing scientific evidence in the case was flawed.
They quashed his conviction and a bid to bring a fresh prosecution against Mr McCreight was refused.
However, that was before the introduction of double jeopardy legislation that allows an accused to be tried twice for the same crime.
Mr McCreight launched a bid for damages against the Scottish Government for the seven years he spent in prison but the application was refused.
Following a judicial review at the Court of Session, his attempt to overturn that decision has also been refused.
Lord McEwan said his murder conviction did not represent “the righting of a mistaken verdict” and there was strong evidence Mr McCreight had carried out the killing.
The law lord said Mr McCreight fell into a category of compensation claimants who had been “lucky to escape what was due to them”.
In a written judgment, Lord McEwan said: “In the result I am clearly of the opinion that this petition cannot succeed.
I do not find any merit in the petitioner’s case.
“There was strong and compelling evidence against him, including two confessions, and in my opinion he falls into the second category described by Lord Bingham in McFarland para 7 H.” Mr McCreight had denied murdering Ms Davidson, 34, at his original trial at the High Court in Edinburgh, but following his conviction was ordered to serve at least 18 years in jail before the successful appeal.
Following the discovery of her body in a neighbour’s garden, Ms Davidson’s death was attributed to hypothermia and amphetamine but Mr McCreight is alleged to have later confessed to two people about his role in her death.
During the trial, the Crown contended Mr McCreight had used a rag soaked in chloroform and placed it to her mouth and nose.
The Crown Office said it maintained a database of all unsolved old crimes in case they could be prosecuted under double jeopardy legislation.
A spokesman said: “The Cold Case Unit works closely with Police Scotland to review these cases to ascertain if there are any new evidential developments, including advances in forensic techniques that would assist in providing a basis for criminal proceedings.
There is a risk of prejudicing fresh prosecutions by commenting further on individual cases or providing details on how a particular case is being dealt with.
It would therefore be inappropriate to comment further at this time.” Mr McCreight said: “I have not had the chance to read the judgment yet so I don’t want to make any comment.”
