'Fresh evidence' in Edinburgh gang rape case from 2000

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image captionThe High Court will examine the cases of men convicted of raping a woman in Edinburgh

An investigation is to be carried out into possible miscarriages of justice in a case where three men were convicted of gang raping a woman.

Brian Meighan, David Pugh and Kevin Kane denied the offence in Edinburgh in 2000, claiming the 21-year-old woman had consented to group sex.

Three experts have now challenged evidence given by the Crown's forensic expert at the time.

The men's cases have now been referred to the High Court.

On 31 October 2000, the three men, who were aged 24, 23 and 19 at the time, were convicted of raping the woman at a flat in Gilmerton.

The Crown's case was based partly on evidence from a forensic medical examiner regarding the woman's injuries.

Meighan and Pugh, both from Edinburgh, were each jailed for six years while Kane was given six years' detention in a young offenders institution.

The High Court refused their appeals against their convictions in June 2002.

The three then applied to the Scottish Criminal Cases Review Commission (SCCRC) in 2004, but were again refused, and later sought a judicial review - but their petition was dismissed in 2006.

Pugh applied to the SCCRC in April 2019 having found fresh evidence from three experts who have challenged the opinion evidence given by the forensic medical examiner at trial.

Meighan and Kane followed suit in September 2020.

The SCCRC said: "The Commission considers that the fresh evidence now available, which arises from research and developments in medical science since the time of the original conviction, is of a kind and quality which was likely to have been of material assistance to the jury in its consideration of the critical issue of consent and there may have been a miscarriage of justice."

The cases will now proceed as normal appeals.

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