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Thursday, 31 August, 2000, 07:57 GMT 08:57 UK
Doubts cast on Dunfermline murder
Newspaper front page
How the case was reported
Fresh evidence has raised serious concerns about a conviction for the murder of a Dunfermline man, a lawyer has claimed.

Stephen Johnston and his co-accused were found guilty in March 1996 of bludgeoning Drew Forsyth to death.

Now Johnston's lawyer, Stephen Morrison, says he is convinced that the police case against his client has serious failings.

The case is being investigated by the Scottish Criminal Cases Review Commission, which is expected to issue its report in the next few months.

A spokesman for Fife Constabulary said the force could not comment on the case because of the ongoing investigation, but senior sources said they were sure the conviction was correct.


It is quite right, if a miscarriage of justice has been committed, that it is investigated properly

Scott Barrie, MSP
Drew Forsyth's body was found at his home in Dunfermline on 9 November 1995.

The police investigation concluded that he died six days earlier.

His house, which was often used as a drinking den, was close to Pittencrieff Park which was a regular haunt for the 34-year-old.

Stephen Johnston was convicted of the killing and sentenced to life.

He admitted that he had been involved in a fight with Mr Forsyth, but maintains that he did not kill him.

Stephen Johnston
Stephen Johnston: Maintains innocence
Johnston's lawyer said more than 10 people had subsequently come forward to say that they saw Drew Forsyth alive after 3 November.

They include local newsagent Jim Drummond and neighbour Mary Brockie.

Other question marks have also been raised about the conviction.

One of Scotland's most eminent pathologists disagreed with the prosecution's determination of the time of death.

Two witnesses at the trial claimed that police tampered with their statements.

And Mr Morrison said blood stains found on the walls, a towel and a knife had been identified as not coming from either of the two accused or the murder victim.

House where Drew Forsyth died
The house where Drew Forsyth died
"That has never been investigated further," the solicitor said.

Local MSP Scott Barrie said: "It is quite right, if a miscarriage of justice has been committed, that it is investigated properly."

The Scottish Criminal Cases Review Commission was established in April last year and already has more than 100 cases under consideration.

These include Glasgow's ice cream wars case, in which Thomas TC Campbell, 47, and Joe Steele, 38, maintain they were wrongfully convicted of murdering six members of a Glasgow family in a fire in 1984.

The commission has issued more than a dozen final decisions, two of which were referred back to the High Court.

These include Polish-born soldier George Fraser, who had his sentence for indecent assault in 1948 quashed.

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See also:

31 Jul 00 | Scotland
Court watchdog wants new powers
10 Jul 00 | Scotland
New move in ice cream wars case
02 Jun 00 | Scotland
Man's 1948 conviction overturned
11 Jun 99 | UK Politics
Minister hears human rights plea
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