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Duncan Banks murder trial focuses new attention on Scots Law’s “not proven” verdict

Duncan Banks.
Duncan Banks.

Scotland’s controversial not proven verdict has again been called into question after a heroin addict was cleared of murdering Dunfermline man Duncan Banks.

Labour’s justice spokeswoman Claire Baker branded the verdict an unsatisfactory conclusion and called on the Scottish Government to give the issue further consideration.

Mrs Baker was speaking the day after father-of-three Steven Thomson walked free from the High Court in Livingston after a majority not proven verdict was returned.

Mr Banks was bludgeoned to death in his home in Skye Road, Abbeyview, in September 2015.

Police said he had been repeatedly hit on the head with a blunt object and robbed of drugs and money.

Mr Thomson, 29, always insisted he was innocent and blamed the killing on another man.

Mr Banks’ mother Dorothy said she was too upset to talk about the verdict but she is believed to be devastated at the outcome.

Police Scotland is no longer actively investigating the case but said they would look at any fresh information received.

A bid by Labour to abolish the not proven verdict was rejected by the Scottish Parliament last year after MSPs expressed concern about another aspect of the bill.

MSP Michael McMahon said the public believed a not proven verdict carried a degree of culpability, with the impression the accused “got away with it”.

He said this also left victims confused and disappointed.

While the attempt was defeated by 80 votes to 28, Holyrood’s cross-party justice committee was generally in favour of it and said the verdict was “living on borrowed time”.

Mrs Baker said: “The not proven verdict is an unsatisfactory conclusion which leaves victims and their families in limbo.

“That is why in the last Parliament Labour brought forward attempts to abolish the verdict from Scottish courts.”

She added: “This deserves further consideration by Parliament and the Scottish Government to ensure we have a justice system that is fair and transparent.”

Detective Inspector Keith Hardie of Police Scotland’s major investigation team, said: “We acknowledge the outcome at court and our thoughts remain with Duncan’s family and friends at this difficult time.

“A thorough investigation was carried out into Duncan’s death. However, any new information will be assessed and appropriately investigated.”