Appeal court judges have rejected a Dundee man’s claim that he was the victim of a miscarriage of justice in being convicted of attempting to rob an Angus post office.
Almost six years after being found guilty by a High Court jury of the failed robbery in Brechin, in which he attacked a disabled pensioner, James Kinsella’s bid to have the conviction quashed on several grounds has been thrown out.
Kinsella appeared at the High Court in Perth in June 2005 where he admitted assaulting a man to his severe injury and permanent disfigurement in the Dalhousie Bar, Brechin, on April 7, 2004, by striking him on the head with a glass.
But he pleaded not guilty to attempting to rob Montrose Street post office in the town six days earlier.
After a three-day trial, Kinsella was convicted by a majority of the robbery attempt, in which he held a knife to the neck of the 60-year-old woman.
The accused fled empty-handed after postmistress Pauline Ray refused to give in to his demands for cash.
Her brave actions were praised by sentencing judge Lady Smith, who imposed an extended sentence of nine years and six months on Kinsella.
He was initially refused leave to appeal against his conviction and sentence but then applied to the Scottish Criminal Cases Review Commission seeking the referral of his case to the High Court.
In March 2007, the commission indicated it was not minded to refer the case, but further submissions resulted in the matter going to the appeal court.
In a newly-issued judgment delivered by Lord Hardie, the appeal court panel of Lord Clarke, Lord Hardie and Lord Marnoch state that they do not believe there was a miscarriage of justice in the case.
Among the aspects of the case examined by the appeal judges were matters relating to evidence in the trial, identification of the accused and investigation of Kinsella’s alibi he having claimed he had been at an address in Dundee and was collected from there before being driven back to Brechin.
The appeal court rejected several submissions made by Kinsella’s counsel on behalf of the accused.
“We are not persuaded that there has been a miscarriage of justice and shall refuse this appeal,” concluded the 44-page judgment.
At the time of sentence, Lady Smith said Kinsella had subjected the two women in the post office to a “terrifying incident.”
The judge said it was only the “bravery and fortitude” of postmistress Pauline Ray which foiled Kinsella’s attempt to get money.
Lady Smith had described the earlier assault in the Brechin pub as “quite inexplicable.”
Royal Navy engineer David Soutar was badly cut after the accused picked up a glass without warning and smashed it into his head.
The judge said the only connection between the two incidents was Kinsella himself.
Drink and an addiction to powerful painkillers were blamed by Kinsella for problems he was experiencing at the time.