By MARK McLAUGHLIN
Edinburgh Evening News
5 January 2010
DETECTIVES have reopened the investigation into the death of a man who was killed in India while working for an Edinburgh-based charity.
Michael Blakey, 23, was found bludgeoned to death in a churchyard in Dharamsala in November 2006.
The investigation has now been reopened and officers are hoping to talk to Pawan Bhardwaj, who moved to Edinburgh with his wife Rachel Owen shortly after the killing when she became pregnant with twins. He had previously been questioned and released by Indian police.
The investigation instead shifted to a thief who robbed Mr Blakey, of Burnley, Lancashire, of his mobile phone and credit cards, but police failed to uncover any new leads. Dharamsala Deputy Superintendent of Police, Dinesh Sharma, said: "We have approached Scotland Yard to deport Indian Pawan Bhardwaj to India so that he could be re-examined."
Mr Blakey had been working for Edinburgh charity Tong-Len when he was slain in November 2006.
Two post-mortem reports – one conducted in India and the second in Britain – found he died from extensive head injuries and strangulation.
Speaking after Mr Bhardwaj's release in January 2007, Rachel's mother, Anna, 66, who set up the Tong-Len UK charity which Rachel works for, said: "None of us ever thought that he had anything to do with Michael's death and even the police had very little to go on. It was such a relief when he was finally released and cleared."
The family began raising money to create a permanent home in Michael's memory for destitute families, to be called the Michael Blakey Centre.
One theory was that the devout Christian was murdered by a thief who robbed him of his mobile phone and credit cards.
The phone was later found at a shop in Ludhiana, about 100 miles south of Dharamsala.
The shopkeeper was questioned and released and police started looking for the man who sold him the phone.
The investigation into Mr Blakey's killing was reopened last July after UK police contacted colleagues in India and asked for help in tracing the killer.
An inquest report from the coroner's court in Lancashire was sent to the Indian police.
It included statement's from Michael's colleagues and friends, including Rachel and Mr Bhardwaj, plus the post-mortem report.
Tuesday 5 January 2010
TRAVEL: New Year in Paris
MARK McLAUGHLIN
3 January 2009
In PARIS
Bonne Année...or rather Happy New Year big yin, for it seems the auld boast is true that no one celebrates New Year like the Scottish.
Saw in the bells on the Champs Elysees and it was a bit, well, merd! No countdown, two fireworks and not much excitement at all really, which left me hankering for the madness of George Square or Princes Street.
However, that hankering lasted only about as long as the non-existent countdown, for other than the Parisians' poor New Year celebrations (bring back Quasimodo - he knew how to party at "the bells") my first visit to Paris was tres bien.
The food was cheap (c.13EURO for a steak), but the drink was extortionate (27EURO for two vodkas and bottle of water at the Rex Club on New Year).
My neighbourhood of choice for the short visit was Rue Mouffetard, the Parisian equivalent of Edinburgh's Rose Street with cobbled streets, wonky buildings and wall-to-wall bars and restaurants.
The hostel, named Young and Happy, was anything but and insisted on kicking all of its guests out for five hours between 11am and 4pm to clean the rooms. Still, it was a place to rest our head and we spent most of our time in the pub.
3 January 2009
In PARIS
Bonne Année...or rather Happy New Year big yin, for it seems the auld boast is true that no one celebrates New Year like the Scottish.
Saw in the bells on the Champs Elysees and it was a bit, well, merd! No countdown, two fireworks and not much excitement at all really, which left me hankering for the madness of George Square or Princes Street.
However, that hankering lasted only about as long as the non-existent countdown, for other than the Parisians' poor New Year celebrations (bring back Quasimodo - he knew how to party at "the bells") my first visit to Paris was tres bien.
The food was cheap (c.13EURO for a steak), but the drink was extortionate (27EURO for two vodkas and bottle of water at the Rex Club on New Year).
My neighbourhood of choice for the short visit was Rue Mouffetard, the Parisian equivalent of Edinburgh's Rose Street with cobbled streets, wonky buildings and wall-to-wall bars and restaurants.
The hostel, named Young and Happy, was anything but and insisted on kicking all of its guests out for five hours between 11am and 4pm to clean the rooms. Still, it was a place to rest our head and we spent most of our time in the pub.
NEWS: A death at Waverley
By MARK McLAUGHLIN
Edinburgh Evening News
24 December 2009
RAIL regulators are conducting an investigation following the death of a man at Waverley Station.
The 47-year-old, from Dundee, appeared to fall on the concourse at around 9.20am yesterday while carrying his infant daughter. He died later in hospital.
The child, thought to be either two or three years of age, was uninjured and was taken into the care of a relative.
It is still unknown whether the man lost his footing on the wet concourse or collapsed as a result of a medical condition.
Yellow 'wet floor' signs were clearly visible in the area where the man collapsed.
Edinburgh was engulfed in a 5cm blanket of snow yesterday, and thousands of morning commuters would have trampled snow into the concourse.
The Office of Rail Regulation were on-site yesterday to ensure that proper procedures were followed before and after the incident.
Network Rail staff found the man lying on the concourse next to a Marks & Spencers delivery truck at the foot of the vehicle ramp.
The vehicle remained cordoned off by police, who were investigating the possibility that he may have hit his head on the truck on the way down.
An ambulance crew rushed to the scene and arrived to find the man in cardiac arrest.
An ambulance service spokesman said: "He was taken to the Edinburgh Royal Infirmary, where he remained in cardiac arrest for the duration of the journey."
A British Transport Police spokesman confirmed that he later died in hospital.
He added: "Enquiries are ongoing into the circumstances surrounding his death although at this stage there do not appear to be any suspicious circumstances.
"It is anticipated that a postmortem will take place in due course to establish his cause of death and full report will be submitted to the local Procurator Fiscal by Lothian and Borders Police."
Police said the cause of the fall is not likely to be known until after the postmortem.
A spokesman for Waverley Station operators Network Rail said: "We can confirm that a man collapsed at the station.
"We are cooperating with British Transport Police and Lothian and Borders Police in their investigations.
"While the cause of death is currently unknown, it is a tragic thing to happen, especially at this time of year."
"In relation to the management of the snow, our normal precautionary measures were in place to deal with wet and snowy conditions."
It is the second death to occur after an incident at the station in the last fortnight, after a teenager who was found lying with a severed foot on December 10 died from his injuries in hospital a week later.
It has still not been revealed how the teenager came to be on the track, although there were fears that he may have fallen from Waverley Bridge, been hit by a train, or both.
Police confirmed that the teenager's death was not suspicious.
Edinburgh Evening News
24 December 2009
RAIL regulators are conducting an investigation following the death of a man at Waverley Station.
The 47-year-old, from Dundee, appeared to fall on the concourse at around 9.20am yesterday while carrying his infant daughter. He died later in hospital.
The child, thought to be either two or three years of age, was uninjured and was taken into the care of a relative.
It is still unknown whether the man lost his footing on the wet concourse or collapsed as a result of a medical condition.
Yellow 'wet floor' signs were clearly visible in the area where the man collapsed.
Edinburgh was engulfed in a 5cm blanket of snow yesterday, and thousands of morning commuters would have trampled snow into the concourse.
The Office of Rail Regulation were on-site yesterday to ensure that proper procedures were followed before and after the incident.
Network Rail staff found the man lying on the concourse next to a Marks & Spencers delivery truck at the foot of the vehicle ramp.
The vehicle remained cordoned off by police, who were investigating the possibility that he may have hit his head on the truck on the way down.
An ambulance crew rushed to the scene and arrived to find the man in cardiac arrest.
An ambulance service spokesman said: "He was taken to the Edinburgh Royal Infirmary, where he remained in cardiac arrest for the duration of the journey."
A British Transport Police spokesman confirmed that he later died in hospital.
He added: "Enquiries are ongoing into the circumstances surrounding his death although at this stage there do not appear to be any suspicious circumstances.
"It is anticipated that a postmortem will take place in due course to establish his cause of death and full report will be submitted to the local Procurator Fiscal by Lothian and Borders Police."
Police said the cause of the fall is not likely to be known until after the postmortem.
A spokesman for Waverley Station operators Network Rail said: "We can confirm that a man collapsed at the station.
"We are cooperating with British Transport Police and Lothian and Borders Police in their investigations.
"While the cause of death is currently unknown, it is a tragic thing to happen, especially at this time of year."
"In relation to the management of the snow, our normal precautionary measures were in place to deal with wet and snowy conditions."
It is the second death to occur after an incident at the station in the last fortnight, after a teenager who was found lying with a severed foot on December 10 died from his injuries in hospital a week later.
It has still not been revealed how the teenager came to be on the track, although there were fears that he may have fallen from Waverley Bridge, been hit by a train, or both.
Police confirmed that the teenager's death was not suspicious.
NEWS: Christmas in Cyprus?
By MARK McLAUGHLIN
Edinburgh Evening News
22 December 2009
A CANCER sufferer has been left stranded in Cyprus as her dream holiday has turned into a nightmare with the cancellation of three flights home in the last week.
Patricia Vikis and husband Panos, of Leith, fell victim to the collapse of Flyglobespan when their flight home from the Mediterranean island was cancelled last Wednesday.
Patricia, 70, who was diagnosed with cancer three years ago, has to undergo chemotherapy every three weeks, but was given an extended leave by doctors to visit a holiday home the couple bought shortly before she was diagnosed.
It was the first time she had been well enough to visit the property, but the dream turned to a nightmare following the Flyglobespan collapse when an alternative EasyJet flight was also cancelled due to heavy snow.
A British Airways connection from Gatwick to Edinburgh was subsequently cancelled without a refund.
It was a case of third-time-unlucky when the couple tried to book another flight with Easyjet last Sunday via Manchester, only to be scuppered once again by poor weather. A connecting train was subsequently cancelled, again without a refund.
Mrs Vikis is due to undergo her next round of chemotherapy on Monday.
The couple's daughter Nicola McAndrew, 32, has been frantically trying to find alternatives to get her parents home, despite being eight months pregnant.
The family fear that the stress is taking its toll on the health of Mrs Vikis, her daughter and her unborn grandchild.
Mr Vikis, 65, a retired chemist, said: "It's been absolutely hellish. It's extremely unpleasant as our daughter is due to give birth any day now and she's not happy with us being stuck here.
"We've got a fourth flight booked with Thomas Cook tomorrow, so we've got our fingers crossed that this one takes off without a problem and we can make it home for Christmas.
"My wife is extremely distressed, and she's anxious to get home and see our daughter."
The family's worries have been exacerbated by the news that Nicola may have to undergo a Caesarian section.
Alison Vikis, 37, the couple's second daughter, said: "She's (Nicola] had to fork out about £1,500 to rescue our parents each time, and we won't see a great deal of it back.
"They can't get travel insurance because of my mum's illness, and they didn't pay by credit card.
"EasyJet initially refused a transfer when their first flight was cancelled, and only relented when Nicola practically broke down. However, she's lost a lot of money on the missed connections.
An EasyJet spokesman said their cancellations were the result of significant snowfall across the UK and parts of Europe.
He added: "EasyJet, like many airlines has experienced continued disruption this weekend.
"We can confirm that we will reimburse the passengers for their costs to return home, and would ask them to get in contact with our customer services team."
Edinburgh Evening News
22 December 2009
A CANCER sufferer has been left stranded in Cyprus as her dream holiday has turned into a nightmare with the cancellation of three flights home in the last week.
Patricia Vikis and husband Panos, of Leith, fell victim to the collapse of Flyglobespan when their flight home from the Mediterranean island was cancelled last Wednesday.
Patricia, 70, who was diagnosed with cancer three years ago, has to undergo chemotherapy every three weeks, but was given an extended leave by doctors to visit a holiday home the couple bought shortly before she was diagnosed.
It was the first time she had been well enough to visit the property, but the dream turned to a nightmare following the Flyglobespan collapse when an alternative EasyJet flight was also cancelled due to heavy snow.
A British Airways connection from Gatwick to Edinburgh was subsequently cancelled without a refund.
It was a case of third-time-unlucky when the couple tried to book another flight with Easyjet last Sunday via Manchester, only to be scuppered once again by poor weather. A connecting train was subsequently cancelled, again without a refund.
Mrs Vikis is due to undergo her next round of chemotherapy on Monday.
The couple's daughter Nicola McAndrew, 32, has been frantically trying to find alternatives to get her parents home, despite being eight months pregnant.
The family fear that the stress is taking its toll on the health of Mrs Vikis, her daughter and her unborn grandchild.
Mr Vikis, 65, a retired chemist, said: "It's been absolutely hellish. It's extremely unpleasant as our daughter is due to give birth any day now and she's not happy with us being stuck here.
"We've got a fourth flight booked with Thomas Cook tomorrow, so we've got our fingers crossed that this one takes off without a problem and we can make it home for Christmas.
"My wife is extremely distressed, and she's anxious to get home and see our daughter."
The family's worries have been exacerbated by the news that Nicola may have to undergo a Caesarian section.
Alison Vikis, 37, the couple's second daughter, said: "She's (Nicola] had to fork out about £1,500 to rescue our parents each time, and we won't see a great deal of it back.
"They can't get travel insurance because of my mum's illness, and they didn't pay by credit card.
"EasyJet initially refused a transfer when their first flight was cancelled, and only relented when Nicola practically broke down. However, she's lost a lot of money on the missed connections.
An EasyJet spokesman said their cancellations were the result of significant snowfall across the UK and parts of Europe.
He added: "EasyJet, like many airlines has experienced continued disruption this weekend.
"We can confirm that we will reimburse the passengers for their costs to return home, and would ask them to get in contact with our customer services team."
ANALYSIS: Stone 'em! Sabbatarianism in the 21st Century
By MARK McLAUGHLIN
Edinburgh Evening News
17 December 2009
"WHOSOEVER doeth any work in the Sabbath day shall surely be put to death," was once the harsh censure for anyone caught kindling thy fire, sowing thy field or pruning thy vineyard on a Sunday.
If the ancient Israelites had an equivalent for professional rugby, this would probably have been forbidden, too. But judging by the flurry caused by Euan Murray's decision to refrain from games on the Sabbath, there will be few people lining up to stone his less devout team-mates to death at the opening Six Nations match on the first Sunday in February.
The fact that Murray's decision received such blanket media coverage is an indication of just how rare – and perhaps even strange – Sabbatarianism has become in a country where it is still effectively enshrined in law.
Scotland has always had a more liberal view of working on the Sabbath, but businesses in England and Wales were forbidden to open right up until the Sunday Trading Act of 1994.
Even now, larger stores are only permitted to open for six hours, a prohibition that can also be felt in the busy shopping precincts of Edinburgh where national chains tend to work to hours set by their England-based headquarters.
And even though the Sunday Working (Scotland) Act 2003 made it illegal to force staff to work on a Sunday, discrimination can still creep through.
"I remember I used to come in for a lot of stick for observing the Sabbath when I was younger," says Craigentinny and Duddingston councillor Ewan Aitken, an ordained minister and secretary of the Church of Scotland's church and society council.
"When I was in the Scouts as a boy, we often had activities on a Sunday morning that I would have to get out of, which would make me the butt of quite a bit of banter, but I just had to roll with it.
"Since I became a councillor, I've often had to say no to official engagements on a Sunday because worship always comes first. It's different for me though because I'm an ordained minister as well.
"I no longer have my own ministry but when I did I would often get people coming to apologise for not coming to church more often because their employer was putting pressure on them to work.
"Today, worship is still what I would choose to do most Sundays, but there are exceptions. Ironically, my son also plays rugby and I often need to accompany him to away games, which I will put before the Sabbath because spending time with your family is equally important."
The potential for religious observance to interfere with your work is not unique to Christianity or rugby.
The devout faith of Muslim Hibs players Abdessalam Benjelloun and Merouane Zemmama has forced the club to come up with tailored dietary plans and training regimes during the holy month of Ramadan, when they are forbidden to eat during daylight hours and have a heightened duty to pray regularly to Mecca.
A Hibernian spokeswoman said: "Hibernian FC works very respectfully and closely with individual players to ensure their dietary and fitness requirements are looked after whilst they observe any rituals or celebrations prescribed by their religion."
Edinburgh Central Mosque Imam Sajjad Asim adds: "Many of the people who attend our mosque tell us that they find it hard to take time out of work to come to prayer.
"However, they do not need to come to the mosque to pray as they are permitted to pray from their workplace, so many will try to arrange breaks around prayer time.
"There is really no requirement to abstain from drinking alcohol or eating haraam (forbidden] foods although we would advise against it. It's all about personal choice. Islam should act as a guide rather than a law."
Part of Murray's decision stems from the fact that he is a lay minister in the Baptist church, which requires him to give occasional sermons to his congregation.
Andrea Mill, a fellow Baptist lay minister who fits her duties at Bristo Baptist Church around her work as a slimming counsellor, said: "I wouldn't mind working the occasional Sunday, but I might take issue with it if I was asked to work every Sunday.
"Sunday is not the only time you can go to church or spend time with God. There are house groups and prayer meetings on other days of the week.
"As long as you set aside another day in the week to do something different from normal work, for rest and relaxation, time with family, as well as time with God, I think that would be fine."
THE DAY OF REST
Sportsmen whose faith has interfered with their sport:
Eric Liddell: The sprinter pulled out of the 100m at the 1924 Paris Olympics, his best event, because the heats were on a Sunday, only to go on and win a record-breaking gold in the 400m in a later heat.
Michael Jones: The flanker in the All Blacks' World-Cup winning side of 1987 missed many Sunday matches, including the quarter and semi-final victories that took them back to the World Cup final in 1995.
Jonathan Edwards: The triple-jumper pulled out of the 1991 World Championships because of his faith, before a change of heart and support from his vicar father led him to gold 1995 and 2001. He is now an atheist.
Shawn Green: The Los Angeles Dodgers right fielder and two-time Major League All-Star missed a crucial play-off game against San Francisco because he refused to play on Yom Kippur.
Roy MacGregor: The former Ross County chairman refused to attend a Scottish Cup Sunday tie against Rangers in 2001.
Edinburgh Evening News
17 December 2009
"WHOSOEVER doeth any work in the Sabbath day shall surely be put to death," was once the harsh censure for anyone caught kindling thy fire, sowing thy field or pruning thy vineyard on a Sunday.
If the ancient Israelites had an equivalent for professional rugby, this would probably have been forbidden, too. But judging by the flurry caused by Euan Murray's decision to refrain from games on the Sabbath, there will be few people lining up to stone his less devout team-mates to death at the opening Six Nations match on the first Sunday in February.
The fact that Murray's decision received such blanket media coverage is an indication of just how rare – and perhaps even strange – Sabbatarianism has become in a country where it is still effectively enshrined in law.
Scotland has always had a more liberal view of working on the Sabbath, but businesses in England and Wales were forbidden to open right up until the Sunday Trading Act of 1994.
Even now, larger stores are only permitted to open for six hours, a prohibition that can also be felt in the busy shopping precincts of Edinburgh where national chains tend to work to hours set by their England-based headquarters.
And even though the Sunday Working (Scotland) Act 2003 made it illegal to force staff to work on a Sunday, discrimination can still creep through.
"I remember I used to come in for a lot of stick for observing the Sabbath when I was younger," says Craigentinny and Duddingston councillor Ewan Aitken, an ordained minister and secretary of the Church of Scotland's church and society council.
"When I was in the Scouts as a boy, we often had activities on a Sunday morning that I would have to get out of, which would make me the butt of quite a bit of banter, but I just had to roll with it.
"Since I became a councillor, I've often had to say no to official engagements on a Sunday because worship always comes first. It's different for me though because I'm an ordained minister as well.
"I no longer have my own ministry but when I did I would often get people coming to apologise for not coming to church more often because their employer was putting pressure on them to work.
"Today, worship is still what I would choose to do most Sundays, but there are exceptions. Ironically, my son also plays rugby and I often need to accompany him to away games, which I will put before the Sabbath because spending time with your family is equally important."
The potential for religious observance to interfere with your work is not unique to Christianity or rugby.
The devout faith of Muslim Hibs players Abdessalam Benjelloun and Merouane Zemmama has forced the club to come up with tailored dietary plans and training regimes during the holy month of Ramadan, when they are forbidden to eat during daylight hours and have a heightened duty to pray regularly to Mecca.
A Hibernian spokeswoman said: "Hibernian FC works very respectfully and closely with individual players to ensure their dietary and fitness requirements are looked after whilst they observe any rituals or celebrations prescribed by their religion."
Edinburgh Central Mosque Imam Sajjad Asim adds: "Many of the people who attend our mosque tell us that they find it hard to take time out of work to come to prayer.
"However, they do not need to come to the mosque to pray as they are permitted to pray from their workplace, so many will try to arrange breaks around prayer time.
"There is really no requirement to abstain from drinking alcohol or eating haraam (forbidden] foods although we would advise against it. It's all about personal choice. Islam should act as a guide rather than a law."
Part of Murray's decision stems from the fact that he is a lay minister in the Baptist church, which requires him to give occasional sermons to his congregation.
Andrea Mill, a fellow Baptist lay minister who fits her duties at Bristo Baptist Church around her work as a slimming counsellor, said: "I wouldn't mind working the occasional Sunday, but I might take issue with it if I was asked to work every Sunday.
"Sunday is not the only time you can go to church or spend time with God. There are house groups and prayer meetings on other days of the week.
"As long as you set aside another day in the week to do something different from normal work, for rest and relaxation, time with family, as well as time with God, I think that would be fine."
THE DAY OF REST
Sportsmen whose faith has interfered with their sport:
Eric Liddell: The sprinter pulled out of the 100m at the 1924 Paris Olympics, his best event, because the heats were on a Sunday, only to go on and win a record-breaking gold in the 400m in a later heat.
Michael Jones: The flanker in the All Blacks' World-Cup winning side of 1987 missed many Sunday matches, including the quarter and semi-final victories that took them back to the World Cup final in 1995.
Jonathan Edwards: The triple-jumper pulled out of the 1991 World Championships because of his faith, before a change of heart and support from his vicar father led him to gold 1995 and 2001. He is now an atheist.
Shawn Green: The Los Angeles Dodgers right fielder and two-time Major League All-Star missed a crucial play-off game against San Francisco because he refused to play on Yom Kippur.
Roy MacGregor: The former Ross County chairman refused to attend a Scottish Cup Sunday tie against Rangers in 2001.
By MARK McLAUGHLIN
Edinburgh Evening News
15 December 2009
A FATHER whose conviction for raping a schoolgirl in Edinburgh has been quashed by appeal judges today told how the stigma of being branded a "paedophile" has ruined his life.
Desmond Uttley, 35, of Wester Hailes, was last week declared a victim of a miscarriage of justice over the 2002 conviction which saw him sentenced to six years in prison.
Judges at the Court of Criminal Appeal in Edinburgh allowed his challenge against his conviction after accepting fresh DNA evidence.
Speaking for the first time since the verdict, Mr Uttley told the Evening News: "I don't know what to say. I'm happy it's over but I'm obviously angry because I've lost a lot. I am now divorced because of it, and I haven't seen my son since 2002."
The former barber was jailed in November 2002 after he was found guilty of raping a 15-year-old girl at his then home in Lochend Gardens.
The court heard he had gone to her aid after finding her drunk in the street.
Mr Uttley, who always protested his innocence, today told how the accusation ended his marriage and how he fears his son may not want to know him.
He married in 2000, and their son was born the following year.
He said: "My wife believed me right up until it went to court, and when I was found guilty she was put under a lot of pressure to cut her ties with me.
"I don't even know if she's aware that I've won the appeal. I haven't seen her since 2004.
"We had a pretty happy life together. We had our ups and downs, like most marriages.
"I don't even know if my son knows anything about me. He was only one year old when I went to prison, so I don't know what his mum has told him.
"Now that I'm free I'm going to try to sort out some kind of access, but I'm afraid that he may not want to see me."
Mr Uttley was freed in 2004 pending an appeal but had spent time in Saughton, Peterhead and Dumfries prisons before his conviction was finally overturned.
He said: "For the first year in prison I was in shock. I put lots of weight on because I didn't want to work, I didn't want to exercise, I just wanted to stay in my cell and muse on everything I had lost.
"The first year was a very dark time, but after that I started working as a prison barber. I'd maybe like to do something like that now that I'm out, but it's hard to find work. Who is going to employ someone who has been sent to jail for being a paedophile?
"My lawyers have done me proud and I now want everyone to know that I am, and have always been, innocent. I just want to start putting my life back together.
"I've been classed as a bad person for so long that it's hard to adjust to being seen as a good person again."
Mr Uttley's trial heard how he invited the girl and her 14-year-old male friend back to his house to dry off, and put the girl to bed where she fell asleep.
The girl claimed she woke to find Mr Uttley having sex with her, despite providing two conflicting descriptions of her alleged assailant – neither of which matched him.
Appeal judges heard a later DNA analysis of swabs taken from the girl at the time of the alleged rape found samples from three male sources – none of which belonged to Mr Uttley.
Mr Uttley said he had been advised not to discuss details of the day of the alleged rape until the prosecution has signalled its intention to accept the appeal or go for a retrial.
A Crown Office spokeswoman said: "We note the decision of the court which is being carefully considered by Crown Counsel."
Edinburgh Evening News
15 December 2009
A FATHER whose conviction for raping a schoolgirl in Edinburgh has been quashed by appeal judges today told how the stigma of being branded a "paedophile" has ruined his life.
Desmond Uttley, 35, of Wester Hailes, was last week declared a victim of a miscarriage of justice over the 2002 conviction which saw him sentenced to six years in prison.
Judges at the Court of Criminal Appeal in Edinburgh allowed his challenge against his conviction after accepting fresh DNA evidence.
Speaking for the first time since the verdict, Mr Uttley told the Evening News: "I don't know what to say. I'm happy it's over but I'm obviously angry because I've lost a lot. I am now divorced because of it, and I haven't seen my son since 2002."
The former barber was jailed in November 2002 after he was found guilty of raping a 15-year-old girl at his then home in Lochend Gardens.
The court heard he had gone to her aid after finding her drunk in the street.
Mr Uttley, who always protested his innocence, today told how the accusation ended his marriage and how he fears his son may not want to know him.
He married in 2000, and their son was born the following year.
He said: "My wife believed me right up until it went to court, and when I was found guilty she was put under a lot of pressure to cut her ties with me.
"I don't even know if she's aware that I've won the appeal. I haven't seen her since 2004.
"We had a pretty happy life together. We had our ups and downs, like most marriages.
"I don't even know if my son knows anything about me. He was only one year old when I went to prison, so I don't know what his mum has told him.
"Now that I'm free I'm going to try to sort out some kind of access, but I'm afraid that he may not want to see me."
Mr Uttley was freed in 2004 pending an appeal but had spent time in Saughton, Peterhead and Dumfries prisons before his conviction was finally overturned.
He said: "For the first year in prison I was in shock. I put lots of weight on because I didn't want to work, I didn't want to exercise, I just wanted to stay in my cell and muse on everything I had lost.
"The first year was a very dark time, but after that I started working as a prison barber. I'd maybe like to do something like that now that I'm out, but it's hard to find work. Who is going to employ someone who has been sent to jail for being a paedophile?
"My lawyers have done me proud and I now want everyone to know that I am, and have always been, innocent. I just want to start putting my life back together.
"I've been classed as a bad person for so long that it's hard to adjust to being seen as a good person again."
Mr Uttley's trial heard how he invited the girl and her 14-year-old male friend back to his house to dry off, and put the girl to bed where she fell asleep.
The girl claimed she woke to find Mr Uttley having sex with her, despite providing two conflicting descriptions of her alleged assailant – neither of which matched him.
Appeal judges heard a later DNA analysis of swabs taken from the girl at the time of the alleged rape found samples from three male sources – none of which belonged to Mr Uttley.
Mr Uttley said he had been advised not to discuss details of the day of the alleged rape until the prosecution has signalled its intention to accept the appeal or go for a retrial.
A Crown Office spokeswoman said: "We note the decision of the court which is being carefully considered by Crown Counsel."
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