'Hitman' jailed for drugs debt shooting wins fight to have case reviewed

Published on Friday 12 June 2009 22:13

A MAN convicted of carrying out a hit on a businessman over a £50,000 drug debt is to have his case reviewed, it was announced yesterday.

William Gage was jailed for life in 2004 after he was found guilty of the murder of Justin McAlroy in 2002.

The Scottish Criminal Cases Review Commission (SCCRC) yesterday said it had referred the case to the High Court, more than three years after Gage lost an appeal against the conviction in Edinburgh.

It was alleged that he had shot Mr McAlroy five times outside his home in Cambuslang, Glasgow, over a 50,000 drug debt. Gage, a second-hand car dealer, was linked with the killing when the getaway car was found partially burnt in Easterhouse. He had a string of previous convictions for offences involving firearms.

His DNA was found on a jacket and a hat inside the vehicle, although he claimed he had sold the car weeks before.

He has always protested his innocence, claiming that on the night of the shooting he was with a friend, Ann Ross. She told the jury they had been drinking in a pub at the time.

Following his conviction, Gage appealed against both conviction and sentence, but the challenge was rejected in 2006.

He then submitted an application for a review of his case to the SCCRC, but the commission refused to refer it to the appeal court.

But following a campaign led by solicitor Aamer Anwar, which led to fresh material being put to commission, the body agreed to reconsider its decision.

Gage's trial heard that Mr McAlroy's wife, Tracy, claimed to have seen the hooded killer's eyes as he ran away from the scene. In court she identified them as resembling Gage's.

The commission highlighted this crucial identification as part of the grounds for the appeal.

"In the commission's view, in the unusual circumstances of the applicant's case, the absence of specific directions to the jury regarding the dock identification amounts to a misdirection and may have given rise to a miscarriage of justice," the commission stated.

It added that the trial may have been "unfair".

It emerged that Mr McAlroy, a businessmen who had attended fund-raising dinners for the Labour Party, was involved in drug deals and was thought to have been under police surveillance.

Reacting to the announcement by the commission yesterday, Mr Anwar said that the defence were moving forward with the appeal.

"We welcome the decision by the SCCRC to refer Mr Gage's case to the High Court," he said. "They clearly believe that there may have been a miscarriage of justice in this case. Since 2006 we believe there have been serious concerns with regards to identification and consider there to be substantial grounds of appeal.

"Mr Gage has maintained his innocence from the beginning and is grateful for the support by Alex Neil, MSP, Ian McKee, and Paddy Hill of the Miscarriage of Justice Organisation.

"They have helped in supporting our application in having the commission refer this case to the Court of Appeal.

"Within eight weeks, we will be required to lodge a note of appeal with the High Court."

Mr Anwar added that while the referral was a positive step, Gage faced a "long road ahead".

A Crown Office spokesman said of the decision: "We note the decision of the Scottish Criminal Cases Review Commission and it would be wholly inappropriate for us to comment further in the light of the current state of proceedings."