A teenager serving time for participating in a brutal attempted murder bid has failed in a bid to have his conviction quashed.
Brandon Douglas, 18, is serving 10 years and three months for taking part on an assault on Allan Roy at his home in Sandhaven in Aberdeenshire in November 2018.
The Court of Criminal Appeal heard last month how judge Lord Mulholland made an error during proceedings at the High Court in Aberdeen last year.
Advocate Iain Smith told judges Lord Brodie, Lord Malcolm and Lord Turnbull that his client’s legal team made a no case to answer submission during submissions. The court heard how Douglas’s lawyers told Lord Mulholland that there wasn’t enough evidence to convict him for taking part in the attack.
Lord Mulholland disagreed and allowed the case against Douglas to proceed.
Mr Smith told the appeal court that Lord Mulholland acted incorrectly.
In a written judgement issued yesterday, the appeal judges dismissed the submissions made by Mr Smith. Lord Brodie wrote that Lord Mulholland followed correct legal guidelines.
He wrote: “The trial judge did not err in rejecting the submission of no case to answer. There has been no miscarriage of justice.”
Lord Brodie added: “The appeal is accordingly refused.”