Cadder ruling hope for man who murdered his cousin

A FAILED businessman, jailed for life for faking a fatal accident to get his hands on his cousin's money, is set to be freed by appeal judges.

Ian Geddes, 55, is challenging his conviction for murder, claiming that new medical evidence will clear him.

He has always insisted that oilrig electrician Charlie McKay, 48, died after falling downstairs or from the effects of his years of hard drinking.

Geddes also hopes to bene-fit from the so-called "Cadder ruling" by the Supreme Court which outlaws the use of evidence obtained by police interviewing a suspect without a lawyer.

Geddes, of Inverness, should have been able to present his case at the Court of Criminal Appeal in Edinburgh earlier this month. But the Crown asked for more time as it was waiting for another Supreme Court decision in another case which, it argued, might have a bearing on Geddes's appeal.

Yesterday appeal judges Lord Hamilton, sitting with Lords Emslie and Marnoch, heard defence QC David Burns plead for Geddes's release, pending the outcome of his appeal, which is unlikely to be heard before November. The judges agreed "in principle" but delayed a final decision for 24 hours to allow police to check out a bail address. Geddes has been refused permission to live in Culloden because the Highland town is still home to Mr McKay's former wife and is close to other members of the family.

Geddes wants to move to Stockton-on-Tees in England to stay with a son while his long-term fate is determined.

A jury found Geddes guilty of murder in March 2005 after hearing claims that Mr McKay was drugged, smothered with a pillow in his bed then moved to the bottom of stairs at his Inverness home to make it look like an accident.

Geddes was ordered to serve at least 15 years in jail by judge Lord Bracadale who called the crime "particularly wicked".

The trial heard that Geddes had already milked 32,000 from his cousin's bank accounts and had forged a will leaving him another 25,000.

Geddes also claims his lawyers did not do enough to contest fingerprint evidence at his trial. Geddes' prints were found on the will, the jury heard, but there was also 31 unidentified prints.If these turned out to be from Mr Mackay, members of his family or his solicitor, the will could have been shown to be genuine.

The jury heard that preparations were well under way for Mr McKay's funeral when his family discovered Geddes's attempts to change the will on Mr McKay's computer.

Their doubts began a police investigation which uncovered suspicious blood spots on a pillow - and eventually to the dock at the High Court in Edinburgh.

Yesterday Mr Burns said that although Geddes had served a previous prison term for fraud, he had no record for violence other than the contested murder conviction.

He had been allowed to remain on bail until the end of his trial, and during his six years in jail had been a model prisoner.

"This is a case in which, standing the terms of the appeal, there is at least a substantial prospect of success and, for a number of reasons, his appeal has been long delayed," said Mr Burns.

Lord Hamilton said the decision to free Geddes was a narrow and difficult one.