Murder of Amanda Duffy: Difference between revisions
No edit summary Tags: Mobile edit Mobile web edit |
|||
| (19 intermediate revisions by 14 users not shown) | |||
| Line 1: | Line 1: | ||
{{Short description|1992 murder in the United Kingdom}} |
|||
{{Use dmy dates|date=October 2018}} |
{{Use dmy dates|date=October 2018}} |
||
'''Amanda Duffy''', a 19-year-old |
'''Amanda Duffy''', a 19-year-old Scottish student, was killed in grisly circumstances in 1992. The main suspect, Francis Auld, was tried for murder in the [[High Court of Justiciary]] in [[Glasgow]] and was acquitted when the jury returned a majority verdict of "[[not proven]]". A bid by prosecutors to try Auld for a second time on the basis of new evidence was rejected by the courts in 2016.<ref>{{cite news |url=https://www.bbc.co.uk/news/uk-scotland-glasgow-west-35611965 |title=Francis Auld retrial bid rejected over Amanda Duffy death in 1992 |date=19 February 2016 |accessdate=29 October 2018 |work=BBC News}}</ref> Auld died of pancreatic cancer in July 2017, aged 45.<ref name="cancer">{{cite news |url=http://www.thenational.scot/news/15404295.francis-auld-the-man-who-stood-trial-for-the-murder-of-student-amanda-duffy-dies-of-cancer-aged-45/ |title=Francis Auld – the man who stood trial for the murder of student Amanda Duffy – dies of cancer aged 45 |date=12 July 2017 |accessdate=29 October 2018 |last=Hannan |first=Martin}}</ref> |
||
The outcome of Auld's trial prompted a national conversation around the continued existence of the "not proven" verdict and around [[double jeopardy]] rules.<ref name="scotsman" /> |
The outcome of Auld's trial prompted a national conversation around the continued existence of the "not proven" verdict and around [[double jeopardy]] rules.<ref name="scotsman" /> |
||
== Murder == |
== Murder == |
||
Duffy, a 19-year-old student at [[Motherwell College]], went missing in the early hours |
Duffy, a 19-year-old student at [[Motherwell College]], went missing in the early hours of Saturday 30 May 1992 after a night out with friends, celebrating the fact she had been called to audition at the [[Royal Conservatoire of Scotland|Royal Scottish Academy of Music and Drama]].<ref>{{cite news |url=https://www.heraldscotland.com/news/13059863.murder-of-drama-student-amanda-duffy-reopened/ |title=Murder of drama student Amanda Duffy reopened |date=30 May 2012 |accessdate=29 October 2018 |work=The Herald}}</ref> Her body was found by passers-by that evening in an area of waste ground near a car park at Miller Street, [[Hamilton, South Lanarkshire|Hamilton]], [[South Lanarkshire]]. |
||
Duffy was found "lying on her back, naked from the waist down, with her face and head covered in blood" and branches and twigs "had been inserted into her mouth, nostrils and vagina".<ref name="court">{{cite web |url=http://www.scotcourts.gov.uk/search-judgments/judgment?id=8b3108a7-8980-69d2-b500-ff0000d74aa7 |title=THE APPLICATION UNDER SECTION 3(3)(B) OF THE DOUBLE JEOPARDY (SCOTLAND) ACT 2011 BY HER MAJESTY'S ADVOCATE AGAINST FRANCIS DAVID AULD |date=19 February 2016 |accessdate=29 October 2018}}</ref> According to a post mortem examination, she had died between 1.30 am and 1.30 pm, having suffered extensive [[blunt trauma|blunt force injuries]] to the head and neck, as well as [[asphyxia]] and injuries to the anus and rectum.<ref name="court" /> |
Duffy was found "lying on her back, naked from the waist down, with her face and head covered in blood" and branches and twigs "had been inserted into her mouth, nostrils and vagina".<ref name="court">{{cite web |url=http://www.scotcourts.gov.uk/search-judgments/judgment?id=8b3108a7-8980-69d2-b500-ff0000d74aa7 |title=THE APPLICATION UNDER SECTION 3(3)(B) OF THE DOUBLE JEOPARDY (SCOTLAND) ACT 2011 BY HER MAJESTY'S ADVOCATE AGAINST FRANCIS DAVID AULD |date=19 February 2016 |accessdate=29 October 2018}}</ref> According to a post mortem examination, she had died between 1.30 am and 1.30 pm, having suffered extensive [[blunt trauma|blunt force injuries]] to the head and neck, as well as [[asphyxia]] and injuries to the anus and rectum.<ref name="court" /> |
||
| Line 21: | Line 22: | ||
=== Calls to scrap "not proven" verdict === |
=== Calls to scrap "not proven" verdict === |
||
Following the verdict in the criminal trial, Duffy's parents launched a high-profile campaign for the "not proven" verdict to be abolished in [[Scots law]]. A national petition was launched at an event in Glasgow addressed by Joe Duffy. In 1993, the couple's [[Member of Parliament (United Kingdom)|Member of Parliament]], [[George Robertson, Baron Robertson of Port Ellen|George Robertson]], launched the ''Criminal Procedure (Abolition Of Not Proven Verdict) (Scotland) Bill'' in the [[House of Commons]] to scrap the verdict, though its likelihood of success was considered slim.<ref>{{cite news |url=https://www.independent.co.uk/news/uk/politics/mp-joins-call-to-abolish-not-proven-verdicts-1496524.html |title=MP joins call to abolish 'not proven' verdicts |date=9 March 1993 |accessdate=29 October 2018 |work=The Independent}}</ref> The Duffys' campaign also increased pressure on the [[Scottish Office]], which eventually launched a consultation on scrapping the "not proven" verdict in 1994. MP [[John Home Robertson]], in a 1995 bid to scrap the verdict, praised "Kathleen and Joe Duffy for the thoughtful and constructive campaign that they have been waging".<ref>{{cite web |url=https://publications.parliament.uk/pa/cm199495/cmhansrd/1995-06-07/Debate-7.html |title=Verdict of not proven no longer competent |date=7 June 1995 |accessdate=29 October 2018}}</ref> When the [[Scottish Parliament]] debated scrapping the verdict in 2016, the Duffy case was cited by MSP [[Michael McMahon (Scottish politician)|Michael McMahon]] in support of scrapping the verdict.<ref name="holyrood">{{cite web |url=http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10386&i=95618 |title=Official Report: Meeting of the Parliament 25 February 2016 |date=25 February 2016 |accessdate=29 October 2018}}</ref> |
Following the verdict in the criminal trial, Duffy's parents launched a high-profile campaign for the "not proven" verdict to be abolished in [[Scots law]]. A national petition was launched at an event in Glasgow addressed by Joe Duffy. In 1993, the couple's [[Member of Parliament (United Kingdom)|Member of Parliament]], [[George Robertson, Baron Robertson of Port Ellen|George Robertson]], launched the ''Criminal Procedure (Abolition Of Not Proven Verdict) (Scotland) Bill'' in the [[House of Commons]] to scrap the verdict, though its likelihood of success was considered slim.<ref>{{cite news |url=https://www.independent.co.uk/news/uk/politics/mp-joins-call-to-abolish-not-proven-verdicts-1496524.html |title=MP joins call to abolish 'not proven' verdicts |date=9 March 1993 |accessdate=29 October 2018 |work=The Independent}}</ref> |
||
The Duffys' campaign also increased pressure on the [[Scottish Office]], which eventually launched a consultation on scrapping the "not proven" verdict in 1994. MP [[John Home Robertson]], in a 1995 bid to scrap the verdict, praised "Kathleen and Joe Duffy for the thoughtful and constructive campaign that they have been waging".<ref>{{cite web |url=https://publications.parliament.uk/pa/cm199495/cmhansrd/1995-06-07/Debate-7.html |title=Verdict of not proven no longer competent |date=7 June 1995 |accessdate=29 October 2018}}</ref> When the [[Scottish Parliament]] debated scrapping the verdict in 2016, the Duffy case was cited by MSP [[Michael McMahon (Scottish politician)|Michael McMahon]] in support of scrapping the verdict.<ref name="holyrood">{{cite web |url=http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10386&i=95618 |title=Official Report: Meeting of the Parliament 25 February 2016 |date=25 February 2016 |accessdate=29 October 2018}}</ref> |
|||
=== Bid for retrial === |
=== Bid for retrial === |
||
After the introduction of the ''[[Double Jeopardy (Scotland) Act 2011]]'', which allows for a person to be tried twice for the same crime in certain circumstances, [[Strathclyde Police]] reopened an investigation into Duffy's murder in 2012 because they believed that "certain people have information in relation to Amanda's murder that they are withholding, perhaps from a sense of misguided loyalty". [[Police Scotland]]'s cold case unit later re-examined the crime on the instruction of the [[Crown Office]]. |
After the introduction of the ''[[Double Jeopardy (Scotland) Act 2011]]'', which allows for a person to be tried twice for the same crime in certain circumstances, [[Strathclyde Police]] reopened an investigation into Duffy's murder in 2012 because they believed that "certain people have information in relation to Amanda's murder that they are withholding, perhaps from a sense of misguided loyalty". [[Police Scotland]]'s cold case unit later re-examined the crime on the instruction of the [[Crown Office]]. |
||
In 2015, prosecutors launched a bid under the Act to re-try Auld for the murder.<ref name="mulholland" /> However, the bid was rejected by judges in February 2016.<ref>{{cite news |url=https://www.scottishlegal.com/article/crowns-double-jeopardy-application-to-retry-francis-auld-for-murder-of-amanda-duffy-refused |title=Crown's |
In 2015, prosecutors launched a bid under the Act to re-try Auld for the murder.<ref name="mulholland" /> However, the bid was rejected by judges in February 2016.<ref>{{cite news |url=https://www.scottishlegal.com/article/crowns-double-jeopardy-application-to-retry-francis-auld-for-murder-of-amanda-duffy-refused |title=Crown's 'double jeopardy' application to retry Francis Auld for murder of Amanda Duffy refused |date=22 February 2016 |accessdate=29 October 2018 |work=[[Scottish Legal News]]}}</ref> Jim Govan, the chief forensic scientist at the original trial, then went on public record, saying the jury got the verdict wrong and there was more than enough evidence to convict.<ref name="record">Lynn McPherson, [https://www.dailyrecord.co.uk/news/scottish-news/jury-wrong-amanda-duffy-murder-7456986 The jury got it wrong: Amanda Duffy murder scene investigators break silence on not proven case], ''[[Daily Record (Scotland)|Daily Record]]'', 28 February, 2016</ref> Auld died of cancer in July 2017.<ref name="cancer" /> |
||
==See also== |
==See also== |
||
*[[List of unsolved murders in the United Kingdom (1990s)|List of unsolved murders in the United Kingdom]] |
*[[List of unsolved murders in the United Kingdom (1990s)|List of unsolved murders in the United Kingdom]] |
||
*[[David Smith (murderer)|David Smith]], British murderer who was acquitted of the murder of a sex worker in 1993, only to be convicted of murdering another in 1999. He |
*[[David Smith (murderer)|David Smith]], British murderer who was acquitted of the murder of a sex worker in 1993, only to be convicted of murdering another in 1999. He was finally re-tried for the first murder in 2023 and convicted |
||
*[[Murders of John Greenwood and Gary Miller]], 1980 UK case which has led to calls for further 'double jeopardy' reform |
|||
*[[Murder of Karen Buckley]] |
|||
== References == |
== References == |
||
| Line 44: | Line 49: | ||
[[Category:Missing person cases in Scotland]] |
[[Category:Missing person cases in Scotland]] |
||
[[Category:Murder in Glasgow]] |
[[Category:Murder in Glasgow]] |
||
[[Category:Unsolved murders in Scotland]] |
|||
Latest revision as of 22:30, 13 April 2024
Amanda Duffy, a 19-year-old Scottish student, was killed in grisly circumstances in 1992. The main suspect, Francis Auld, was tried for murder in the High Court of Justiciary in Glasgow and was acquitted when the jury returned a majority verdict of "not proven". A bid by prosecutors to try Auld for a second time on the basis of new evidence was rejected by the courts in 2016.[1] Auld died of pancreatic cancer in July 2017, aged 45.[2]
The outcome of Auld's trial prompted a national conversation around the continued existence of the "not proven" verdict and around double jeopardy rules.[3]
Murder
[edit]Duffy, a 19-year-old student at Motherwell College, went missing in the early hours of Saturday 30 May 1992 after a night out with friends, celebrating the fact she had been called to audition at the Royal Scottish Academy of Music and Drama.[4] Her body was found by passers-by that evening in an area of waste ground near a car park at Miller Street, Hamilton, South Lanarkshire.
Duffy was found "lying on her back, naked from the waist down, with her face and head covered in blood" and branches and twigs "had been inserted into her mouth, nostrils and vagina".[5] According to a post mortem examination, she had died between 1.30 am and 1.30 pm, having suffered extensive blunt force injuries to the head and neck, as well as asphyxia and injuries to the anus and rectum.[5]
Trial
[edit]20-year-old Francis Auld was tried for Duffy's murder in 1992. Witnesses had seen Auld with Duffy between midnight and 1 am. A bite to Duffy's right breast, which would have been "excruciatingly painful" and was inflicted within an hour prior to death, matched Auld's dental features. However, Auld said that he had left Duffy in the company of someone named "Mark", who was never identified.[5] The jury returned a majority verdict of "not proven" in November 1992.[6]
Aftermath
[edit]Threatening phone calls
[edit]In 1994, Auld was convicted of making threatening phone calls to two former friends, and sentenced to 240 hours community service. He admitted telling one of them "Patrick, you thought Amanda was the last. Well, you're next, after Caroline."[7]
Civil action
[edit]In 1995, Duffy's parents, Joe and Kathleen, sued Auld in civil court, where the standard of evidence is lower. Auld did not contest the lawsuit and the couple were awarded a £50,000 payout.[8][3] This amount was never paid.[9]
Calls to scrap "not proven" verdict
[edit]Following the verdict in the criminal trial, Duffy's parents launched a high-profile campaign for the "not proven" verdict to be abolished in Scots law. A national petition was launched at an event in Glasgow addressed by Joe Duffy. In 1993, the couple's Member of Parliament, George Robertson, launched the Criminal Procedure (Abolition Of Not Proven Verdict) (Scotland) Bill in the House of Commons to scrap the verdict, though its likelihood of success was considered slim.[10]
The Duffys' campaign also increased pressure on the Scottish Office, which eventually launched a consultation on scrapping the "not proven" verdict in 1994. MP John Home Robertson, in a 1995 bid to scrap the verdict, praised "Kathleen and Joe Duffy for the thoughtful and constructive campaign that they have been waging".[11] When the Scottish Parliament debated scrapping the verdict in 2016, the Duffy case was cited by MSP Michael McMahon in support of scrapping the verdict.[12]
Bid for retrial
[edit]After the introduction of the Double Jeopardy (Scotland) Act 2011, which allows for a person to be tried twice for the same crime in certain circumstances, Strathclyde Police reopened an investigation into Duffy's murder in 2012 because they believed that "certain people have information in relation to Amanda's murder that they are withholding, perhaps from a sense of misguided loyalty". Police Scotland's cold case unit later re-examined the crime on the instruction of the Crown Office.
In 2015, prosecutors launched a bid under the Act to re-try Auld for the murder.[6] However, the bid was rejected by judges in February 2016.[13] Jim Govan, the chief forensic scientist at the original trial, then went on public record, saying the jury got the verdict wrong and there was more than enough evidence to convict.[14] Auld died of cancer in July 2017.[2]
See also
[edit]- List of unsolved murders in the United Kingdom
- David Smith, British murderer who was acquitted of the murder of a sex worker in 1993, only to be convicted of murdering another in 1999. He was finally re-tried for the first murder in 2023 and convicted
- Murders of John Greenwood and Gary Miller, 1980 UK case which has led to calls for further 'double jeopardy' reform
- Murder of Karen Buckley
References
[edit]- ^ "Francis Auld retrial bid rejected over Amanda Duffy death in 1992". BBC News. 19 February 2016. Retrieved 29 October 2018.
- ^ a b Hannan, Martin (12 July 2017). "Francis Auld – the man who stood trial for the murder of student Amanda Duffy – dies of cancer aged 45". Retrieved 29 October 2018.
- ^ a b Garavelli, Dani (3 June 2012). "Justice for Amanda Duffy". The Scotsman. Retrieved 29 October 2018.
- ^ "Murder of drama student Amanda Duffy reopened". The Herald. 30 May 2012. Retrieved 29 October 2018.
- ^ a b c "THE APPLICATION UNDER SECTION 3(3)(B) OF THE DOUBLE JEOPARDY (SCOTLAND) ACT 2011 BY HER MAJESTY'S ADVOCATE AGAINST FRANCIS DAVID AULD". 19 February 2016. Retrieved 29 October 2018.
- ^ a b "Lord Advocate invokes double jeopardy law over 1992 murder". Scottish Legal News. 11 May 2015. Retrieved 29 October 2018.
- ^ "Community service for man cleared of Duffy murder". The Herald. 1 April 1994. Retrieved 24 December 2018.
- ^ "Auld declines to contest civil action. Amanda Duffy's parents left shocked by outcome of £50,000 suit". The Herald. 26 May 1995. Retrieved 29 October 2018.
- ^ "Family may never get justice after man accused of killing teen dies". The Herald. 12 July 2017. Retrieved 24 December 2018.
- ^ "MP joins call to abolish 'not proven' verdicts". The Independent. 9 March 1993. Retrieved 29 October 2018.
- ^ "Verdict of not proven no longer competent". 7 June 1995. Retrieved 29 October 2018.
- ^ "Official Report: Meeting of the Parliament 25 February 2016". 25 February 2016. Retrieved 29 October 2018.
- ^ "Crown's 'double jeopardy' application to retry Francis Auld for murder of Amanda Duffy refused". Scottish Legal News. 22 February 2016. Retrieved 29 October 2018.
- ^ Lynn McPherson, The jury got it wrong: Amanda Duffy murder scene investigators break silence on not proven case, Daily Record, 28 February, 2016