Murder trial starts after 45 years
Murder trial starts after 45 years
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matchmaker

Original Poster:

8,969 posts

224 months

Tuesday 8th June 2021
quotequote all
https://www.bbc.co.uk/news/uk-scotland-highlands-i...

BBC said:
A 79-year-old man has denied the murder of a woman and her three-year-old son almost 45 years ago.

William MacDowell is accused of killing Renee MacRae and Andrew MacRae before allegedly dumping their bodies.

The crimes are said to have occurred on the Dalmagarry lay-by of the A9 - 11 miles from Inverness - and elsewhere on 12 November 1976.

Mr MacDowell was not present for the hearing after it emerged he had recently been in hospital.

His QC told the High Court in Glasgow it was not known if he would be fit to stand trial.
I think it is one of Scotlands oldest unsolved murders.It was always rumoured that Renee and Andrew were buried somewhere under the (then) new A9, but despite numerous searches, their bodies have never been found.

AJL308

6,390 posts

180 months

Wednesday 9th June 2021
quotequote all
matchmaker said:
I think it is one of Scotlands oldest unsolved murders.It was always rumoured that Renee and Andrew were buried somewhere under the (then) new A9, but despite numerous searches, their bodies have never been found.
This is bizarre. How on Earth can you prove what someone did 45 years ago when they apparently have zero physical evidence?

Eric Mc

124,906 posts

289 months

Wednesday 9th June 2021
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How do you know they have "zero physical evidence"?

AJL308

6,390 posts

180 months

Wednesday 9th June 2021
quotequote all
Eric Mc said:
How do you know they have "zero physical evidence"?
I don't, obviously, but the report tends to give the impression that they don't. To my way of thinking anyway.

Dibble

13,257 posts

264 months

Wednesday 9th June 2021
quotequote all
AJL308 said:
This is bizarre. How on Earth can you prove what someone did 45 years ago when they apparently have zero physical evidence?
Witness testimony.

There are plenty of trials with little or no physical evidence, but lots of witness accounts.

(Not saying that’s the case here, necessarily.)

captain_cynic

16,344 posts

119 months

Wednesday 9th June 2021
quotequote all
Dibble said:
AJL308 said:
This is bizarre. How on Earth can you prove what someone did 45 years ago when they apparently have zero physical evidence?
Witness testimony.

There are plenty of trials with little or no physical evidence, but lots of witness accounts.

(Not saying that’s the case here, necessarily.)
With a few long running cases it is often the case of the plod knowing who did it but lacking the evidence to convict.

New techniques that weren't available 10 or even 5 years ago, new clues or even new witnesses can provide a critical price of evidence.

This was the case with the Claremont serial killer in Perth WA, the cops knew it was Bradley Edwards for nearly 20 years but it want until DNA evidence and fibres from his car were located that they could take the matter to court.

mac96

5,776 posts

167 months

Wednesday 9th June 2021
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captain_cynic said:
With a few long running cases it is often the case of the plod knowing who did it but lacking the evidence to convict.

New techniques that weren't available 10 or even 5 years ago, new clues or even new witnesses can provide a critical price of evidence.

This was the case with the Claremont serial killer in Perth WA, the cops knew it was Bradley Edwards for nearly 20 years but it want until DNA evidence and fibres from his car were located that they could take the matter to court.
If I were on the jury, I would take a lot of convincing that a witness could accurately remember what they heard or saw on 12th November 1976, or on some earlier date. I certainly couldn't, beyond saying that I was in year 2 at university.
Even if I pick days from the past when traumatic events occurred (day wife walked out in 1989 for example) I would.t guarantee my memory was accurate, as opposed to having gradually drifted over the years, certainly not if someone's freedom depended upon my testimony.

Of course there may be a witness who can say that the defendant in a pub conversation recently admitted killing his wife. That would be totally different.



XCP

17,608 posts

252 months

Wednesday 9th June 2021
quotequote all
What if the witness made a statement at the time, whilst the events were fresh in their mind? ( which seems more likely than someone being asked now what they remember from 45 years ago)

Flooble

5,744 posts

124 months

Wednesday 9th June 2021
quotequote all
XCP said:
What if the witness made a statement at the time, whilst the events were fresh in their mind? ( which seems more likely than someone being asked now what they remember from 45 years ago)
Difficult to cross-examine though.

mac96

5,776 posts

167 months

Thursday 10th June 2021
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Flooble said:
XCP said:
What if the witness made a statement at the time, whilst the events were fresh in their mind? ( which seems more likely than someone being asked now what they remember from 45 years ago)
Difficult to cross-examine though.
And that wouldn't be new evidence?

imagineifyeswill

1,245 posts

190 months

Thursday 10th June 2021
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Two years ago Police drained and searched a floode quarry looking for evidence, they were sure at the end of this search they would have the evidence they needed to convict someone. They've never said what if anything they recovered from this search but one Sunday I was passing the search site and parked at the entrance was what looked to me like an undertakers van, on the following Thursday, MacDowall was arrested and charged

AJL308

6,390 posts

180 months

Thursday 10th June 2021
quotequote all
imagineifyeswill said:
Two years ago Police drained and searched a floode quarry looking for evidence, they were sure at the end of this search they would have the evidence they needed to convict someone. They've never said what if anything they recovered from this search but one Sunday I was passing the search site and parked at the entrance was what looked to me like an undertakers van, on the following Thursday, MacDowall was arrested and charged
Jesus! There can't be much left after all this time.

citizensm1th

8,371 posts

161 months

Thursday 10th June 2021
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AJL308 said:
imagineifyeswill said:
Two years ago Police drained and searched a floode quarry looking for evidence, they were sure at the end of this search they would have the evidence they needed to convict someone. They've never said what if anything they recovered from this search but one Sunday I was passing the search site and parked at the entrance was what looked to me like an undertakers van, on the following Thursday, MacDowall was arrested and charged
Jesus! There can't be much left after all this time.
You would be supprised quarries tend to be deep and if its a low oxygen environment organic remains can be quite well preserved. Google Pete bog for an example

coppernorks

1,919 posts

70 months

Friday 11th June 2021
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imagineifyeswill said:
Two years ago Police drained and searched a floode quarry looking for evidence, they were sure at the end of this search they would have the evidence they needed to convict someone. They've never said what if anything they recovered from this search but one Sunday I was passing the search site and parked at the entrance was what looked to me like an undertakers van, on the following Thursday, MacDowall was arrested and charged
Find it hard to believe that Police Scotland have kept secret for 2 years that
they have biological matter positively identified as the missing mother and son.



Supercilious Sid

2,698 posts

185 months

Friday 11th June 2021
quotequote all
citizensm1th said:
You would be supprised quarries tend to be deep and if its a low oxygen environment organic remains can be quite well preserved. Google Pete bog for an example
Who is Pete bog? Is he a suspect?

anonymoususer

7,935 posts

72 months

Friday 11th June 2021
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When i saw the OP's post I thought it may be this one

Farmer, 88, is charged with murdering his 48-year-old wife whose remains were found in septic tank 37 years after she went missing in 1982

https://www.dailymail.co.uk/news/article-9664755/F...
So that will be another one coming up for trial / court soon

MagicHat

29 posts

81 months

Friday 11th June 2021
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Not long finished reading 'All that remains' by Sue Black, who was involved in this case and the excavation/search of Dalmagarry quarry. In that its stated that no remains or evidence was found from their search. An interesting chapter in any case showing just how much effort sometimes goes into trying to solve these open cases.

FNG

4,635 posts

248 months

Friday 11th June 2021
quotequote all
coppernorks said:
imagineifyeswill said:
Two years ago Police drained and searched a floode quarry looking for evidence, they were sure at the end of this search they would have the evidence they needed to convict someone. They've never said what if anything they recovered from this search but one Sunday I was passing the search site and parked at the entrance was what looked to me like an undertakers van, on the following Thursday, MacDowall was arrested and charged
Find it hard to believe that Police Scotland have kept secret for 2 years that
they have biological matter positively identified as the missing mother and son.


Perhaps the van was there in case they found anything?

Not sure what "normal" procedure is, nor if "normal" would apply in this case, nor if there even is a "normal"...