An armed robber will go to the highest court in the land tomorrow in an attempt to clear his name – more than 10 years after being convicted.
Paul Macklin has always denied brandishing a gun at two police officers during a heist in Aberdeen.
But the former Gordonstoun pupil was jailed for eight years in 2003, after a jury convicted him of trying to stage the £300,000 wages raid with a friend.
Tomorrow, the 42-year-old will go to the Supreme Court in London in his latest attempt to overturn the conviction.
And last night he revealed he would be attempting to prove that vital evidence which would have boosted his defence was withheld during his trial at the High Court in Aberdeen.
During the case, the jury heard Macklin had been spotted fleeing from a property in the Printfield area of the city after police attended following reports of an assault.
They were told he fled from Sergeant Henry Ferguson and Constable Simon Reid, and brandished a silver pistol at them.
The court then heard he disappeared down a lane before police saw a car revving its engine and disappearing from sight.
But now Macklin – who unsuccessfully took his case to the Court of Criminal Appeal in Edinburgh – says he has discovered that witness statements told prosecutors it was not Macklin they had seen fleeing – which was never presented to the court.
He said: “Article Six of the European Convention on Human Rights says you are entitled to a fair trial, the suppression of evidence to the defence means I was denied this in 2003.
“I wrote to the Anne Currie , the leading procurator fiscal for the Aberdeen area in 2010 to ask what had not been disclosed.
“In response it was admitted that there were three witnesses outside the house, all aged 10 to 11, who said it was not me fleeing the scene.
“There was also a fingerprint found on the rearview mirror on the vehicle that was used for a getaway and none of my DNA was found in the car.
“Had we known this at the first trial I could have launched a special defence against of incrimination.”
Future employment
Paul Macklin last night vowed to take further legal action if he manages to overturn his conviction this week.
The son of a retired oil industry boss, the 42-year-old has previously acknowledged he threw away his privileges to pursue a life of violence – but insisted last night that the armed robbery conviction had “killed any chance” of securing a career.
He is confident the Supreme Court will help him finally clear his name.
A letter seen by the Press and Journal from the Crown Office and Procurator Fiscal Service to Macklin, confirms the prints in the getaway car belonged to another criminal.
And Macklin – who has been in and out of jail over the last 20 years – insists there were also inconsistencies in the statements of the two officers police involved.
“This conviction pretty much killed any chance I had of securing solid employment,” he said.
“A procurator fiscal, who has not been named, has withheld evidence against me, I plan to take legal action against them and I want further action against Reid and Ferguson for perjury.”