A CONVICTED killer, who was jailed for life for his role in a notorious murder and payroll robbery in Glasgow almost 23 years ago, had five years cut from his sentence by the Court of Criminal Appeal yesterday.
Londoner Sydney Draper, 47, was one of seven men jailed in April 1974, for murdering gateman James Kennedy during an armed robbery at the British Rail depot at Springburn the previous December.
The late Lord Kissen recommended at the High Court in Glasgow that Draper and Alan Brown, who fired the fatal shot, should each serve a minimum of 25 years. Five others were jailed for their parts in the payroll raid and were ordered to serve minimum sentences of 15-18 years.
Draper received a further four-year sentence when he was recaptured after escaping from Gartree Prison, Leicestershire, in December 1987.
At the appeal court in Edinburgh yesterday, three judges cut the minimum sentence recommendation on Draper from 25 years to 20.
He has served more than 22 years and will try to have his case reviewed by the parole board as soon as possible.
Mr Kennedy, 42, intercepted the raiders' getaway van and was clubbed to the ground with shotgun butts as they escaped with #9854 from the rail depot.
As he staggered to his feet, a gun in the van went off accidentally, creating a panic. As Mr Kennedy came out of the gate at the depot, one of the raiders leaned out of the van window and shot him dead.
Mr Kennedy's widow, Ellen, and his three daughters, refused to comment on yesterday's appeal court decision.
The family told The Herald last year that Draper should serve all of the 25 years' minimum sentence the trial judge had recommended.
Mr Kennedy's bravery was recognised in several tributes. In 1975, he was posthumously awarded the George Cross, the highest civilian honour for gallantry. In the same year, he was honoured with the Glasgow Corporation Medal for Bravery. Six years later, British Rail invited his widow to name a locomotive after him.
Mrs Kennedy said: ``We got the medals but that cannot make up for what happened.''
After an 18-day trial at the High Court in Glasgow in April 1974 - at that time the longest in Scottish criminal history - the late Lord Kissen recommended that Draper, then aged 25 and with an extensive criminal record, should serve a minimum of 25 years.
The judge recommended a 25-year sentence for Alan Brown, 28, who fired the fatal shot.
In December 1987, there was a nationwide police hunt after Draper escaped by helicopter from Gartree Prison, Leicestershire. He was recaptured after 15 months on the run and in June 1989 pled guilty to offences of hijacking, escaping, and possessing a firearm. He was jailed for four years at Leicester Crown Court.
Draper was referred to by Lord Kissen in his post-trial report to the Scottish Secretary as ``clearly the leader of the experts brought up from London''.
However, the Crown conceded at yesterday's appeal that there was nothing in the evidence at the trial to support that statement.
Mr William Taylor QC, Draper's advocate, told the appeal judges, headed by Lord Ross, the Lord Justice Clerk, that the Metropolitan Police regarded Alan Brown as the leader.
Giving the opinion of the court, Lord Ross said: ``We are satisfied that there has been a manifest injustice in this case.
``The trial judge was not justified in making in relation to Draper a similar recommendation to that made in the case of Alan Brown.''
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