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BBC Scotland's Aileen Clarke reports
"Kim Galbraith admitted shooting her husband with a hunting rifle"
 real 56k

Monday, 4 June, 2001, 12:30 GMT 13:30 UK
Appeal cites sectarian song row
Galbraith cottage
Ian Galbraith's body was found at the family home
A woman found guilty of murdering her policeman husband is challenging her conviction - citing a row which surrounded her legal counsel during the trial.

Kim Galbraith was jailed for life in 1999 for killing her husband Ian, who was shot dead as he slept in the bedroom of their home in Furnace, Argyll.

But she is appealing against the conviction, alleging that her QC's involvement in a controversy about sectarian songs prejudiced her position.

Kim Galbraith
Kim Galbraith alleged that she was abused
Her new lawyer, Margaret Scott, said that the row surrounding Donald Findlay QC had broken out at a crucial stage of a trial in which Galbraith's credibility was the primary issue.

Mr Findlay, who was then the vice-chairman of Glasgow Rangers, was recorded on videotape singing at a private party.

He later resigned from the football club and was fined �3,500 by his professional body, the Faculty of Advocates.

Ms Scott said adverse newspaper and television reports were enough to produce an "apprehension of bias" on the part of jurors in Glasgow.

"There has been a miscarriage of justice in the unusual circumstances of the adverse publicity surrounding the defence counsel at the trial," she told appeal judges on Monday.

Donald Findlay singing
Donald Findlay was recorded on video
Galbraith, 32, admitted shooting husband Ian, 37, with a hunting rifle at their home in January 1999 - but claimed she had been driven to it by years of physical and sexual abuse.

She originally claimed that her husband had been killed by intruders, but later confessed to the shooting.

A jury at the High Court in Glasgow threw out a plea by Mr Findlay to convict her of a lesser charge of culpable homicide on the grounds of diminished responsibility.

Galbraith is also claiming that the evidence led at her trial about diminished responsibility should have led any reasonable jury to reject a murder verdict, and that trial judge Lord Osborne misdirected the jury on the question.

Friends and medical experts gave evidence at the 1999 trial backing Galbraith's claim of abuse at the hands of her husband.

A week has been set aside for the issues to be argued at the appeal court. There is likely to be a written ruling at a later date.

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See also:

11 Sep 00 | Scotland
Killer wife refused bail
04 Nov 99 | Scotland
Song row lawyer fined
04 Jun 99 | UK
Death of a marriage
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