Man has sex attack conviction quashed under Cadder ruling

A SEX offender has become the first man to have his conviction overturned on appeal following a landmark ruling by the Supreme Court.

Gary Louden benefited from the decision in the human rights challenge brought by Peter Cadder which outlawed evidence from police questioning suspects without access to a lawyer.

Louden challenged his conviction for assaulting a teenager at a flat in the Milton area of Glasgow in July 2008 and the Crown told judges at the Court of Criminal Appeal in Edinburgh yesterday that it was conceding the appeal.

Advocate depute Dorothy Bain QC said: "The appellant's interview was essential for conviction in this case."

Lord Carloway, sitting with Lord Clarke and Lord Brodie, said that in light of the concession Louden's conviction would be quashed.

But the Crown made it clear that in other appeals brought before the court yesterday where Cadder points are intended to be argued they would be resisted.

Ms Bain said that in the case of murderer Brendan Dixon the prosecution authorities would seek to argue the appeal.

Dixon, 41, was found guilty of the murder of Margaret Irvine, 91, at Galston, in Ayrshire, in September 2003 along with a co-accused, Patrick Docherty, 46. They were jailed for life with a minimum of 25 years.

Sean Toal, 25, who was jailed for 15 years for a fatal knife attack on Paul McGilvray, 20, in August 2004 in Coatbridge, Lanarkshire, is also planning to pursue a Cadder ground of appeal.