A MAN who threw sulphuric acid in the face of a woman, blinding her
and scarring her for life, lost his appeal against conviction yesterday.
Kelvin Greenhalghse, 32, who was jailed for 20 years, bowed his head
as three judges at the Scottish Court of Criminal Appeal ruled that
although there was a misdirection by the trial judge in relation to the
evidence of one witness, the court would not overturn the jury's guilty
verdict.
Louise Duddy, 26, ex-wife of co-accused Gordon Modiak, was the victim
of a revenge attack plotted by Modiak and carried out by Greenhalghse,
formerly of Armadale, West Lothian.
Lord Hope, the Lord Justice General, sitting with Lord Allanbridge and
Lord Cowie at the Scottish Court of Criminal Appeal in Edinburgh said
the jury had compelling evidence before them to enable them to return a
guilty verdict on the assault charges.
The trial judge Lord MacLean did misdirect the jury in relation to the
evidence of Kate Modiak, a sister of accused Gordon Modiak, in relation
to a statement which she made to police and to her evidence at the
trial. The trial judge had failed to make clear that the witness's
statement to police was not evidence against the accused but could be
used to test the credibility of other evidence.
The appeal court, however, took the view the misdirection in this case
did not amount to a miscarriage of justice.
The trial had heard Modiak plotted the attack on his ex-wife three
months after their divorce and Kelvin Greenhalghse threw the
concentrated sulphuric acid on Louise Duddy as she was about to drive
off in her car.
Her two sons, Deane, 8, and Ryan, 1, were also in the car and both
were injured after some of the acid splashed on them.
The trial heard that, after the attack on February 13 in Hutchison
Place, Edinburgh, the getaway car was driven by Modiak.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article