Man jailed for murder of woman in riot freed by appeal court

a MAN who was found guilty of murdering a mother of four in a riot outside her home won his appeal against conviction yesterday.

John Jenkins, 31, was jailed for life and ordered to serve at least 20 years for stabbing Jeannie Smith in front of her 12-year-old daughter.

A prosecution witness, who identified Jenkins to a jury at the trial last September, had previously picked out two other men as the killer. Jenkins’ appeal centred on the crucial identification evidence.

The Court of Criminal Appeal in Edinburgh ruled yesterday that the jury had been wrong to rely on the witness’s identification and that there had been a miscarriage of justice.

Jenkins remained in custody, however, because his appeal over an associated mobbing and rioting charge, for which he was given an eight-year prison term, was turned down.

Mrs Smith died on 31 October, 2009, shortly after she left her house in Oronsay Road, Airdrie, to look for her son who she thought might be caught up in a riot taking place in the street outside. About 20 people were involved in a “running battle” and at least three people were holding knives.

Mrs Smith was in her driveway when she received a fatal wound to the heart. She was taken to Monklands District Hospital but later died.

Kevin Asken, Mrs Smith’s son, had seen the attack but said he doubted that he could identify the assailant.

A few days later, after seeing an image of Sean Jenkins, John Jenkins’ nephew, on a social networking site, Mr Asken told police he was “100 per cent positive” that Sean Jenkins was the man who attacked his mother but in an identification parade, Mr Asken picked out a stand-in, saying: “He is the guy that stabbed my mum, or he’s a good lookalike.”

In another identity parade, which included John Jenkins, Mr Asken failed to pick out anyone. But when he saw Jenkins after he had been charged with murder, Mr Asken told the police he was “100 per sure this is the guy who stabbed my maw”.

At Jenkins’ trial at the High Court in Glasgow last September, Mr Asken identified Jenkins as the killer.

The Crown had other, circumstantial, evidence against Jenkins, but it was insufficient without the identification by Mr Asken.

By a majority, jurors decided Ms Asken’s identification could be relied on, and convicted Jenkins.

Lord Clarke, who heard the appeal with Lords Brodie and Osborne, said that verdicts by juries were not to be readily set aside.

The judges found “formidable” difficulties with the reliability of Mr Asken.

“In our judgment, this is one of those cases, however rare, where the jury’s conclusion on reliability simply cannot be supported,” said Lord Clarke. “We have come to the clear conclusion that no reasonable jury could have concluded beyond reasonable doubt that the appellant was the person guilty of the crime.

“It follows that there has been a miscarriage of justice and the conviction falls to be quashed.”

Marie Poyner, Jeannie Smith’s sister, told The Scotsman there was a feeling of “disgust” among the family about the decision.

She said: “People need to know why he was let away with it – not because he didn’t do it, but because he couldn’t be identified by enough people, it was a technicality.

“There’s a feeling of disgust and total frustration at him being let off for this reason.”