THREE appeal judges yesterday rejected a move by a former policeman to win his freedom after serving 10 years in prison for a murder he maintains he did not commit.
Alexander Hall, 43, was refused bail at the Court of Criminal Appeal in Edinburgh and was ordered back to his prison cell to await the final outcome of the hearing of new evidence in his case later this year.
Hall's brother, Donald, 33, said after the decision: ''Alex will be disappointed, but he wasn't building up his hopes.''
He added: ''There is more than enough evidence to release Alex, but we have seen today how things seem to be going.''
Mr Hall pointed out that the campaign to secure his brother's release had got a stage further than that of the Glasgow Ice Cream war killers, Thomas ''T C'' Campbell and Joseph Steele, by securing a hearing of fresh evidence.
But he added: ''You can't allow your hopes to be built up. You think of the worst - and hope for the best.''
Hall's mother, Mrs Eilean Gilchrist, 65, said: ''I thought he was going to get out today. I have always believed my son was innocent.''
Hall had wanted to secure his interim release ahead of the hearing of new evidence in his case, which he believes will overturn his conviction for the murder of a teenage secretary.
His counsel, Mr Jamie Gilchrist, told Lord Coulsfield, sitting with Lord Nimmo Smith and Lady Cosgrove, that Hall had already got over the first hurdle in his appeal by satisfying the court that new evidence, not available at his trial, should be heard. He said that an address in Perth would be available for Hall if he was allowed his liberty.
However, advocate depute Colin Sutherland, QC, told the judges that the Crown continued to oppose Hall's appeal against the murder conviction.
He added: ''His status is no different from other appellants' who have appeals pending in respect of convictions for murder.''
Lord Coulsfield said that, despite the change in circumstances over the appeal, the judges did not think it appropriate to grant bail. They would seek to ensure that the appeal process proceeded as quickly as possible.
Hall was originally jailed for life in February, 119988, after a jury found him guilty by a majority verdict of murdering Lanarkshire teenager Lorna Porter.
The former Royal Marine was convicted of attacking Miss Porter, 18, in the garden of his home in Thorn Road, Bellshill, in September, 119984, and repeatedly cutting her throat.
Hall's original appeal was refused in 119989, but in February last year the Scottish Secretary referred the case back to the appeal court, in the light of a number of statements obtained since the trial.
Earlier this month appeal judges agreed to hear fresh evidence from two people - James McAvoy and Jean Carroll - which the defence claim undermines the crucial testimony of a witness at the trial.
No date has yet been set for a hearing of the fresh evidence which the appeal court has agreed to consider.
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