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| Version 1 | Version 2 |
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| Early release killer wins appeal | Early release killer wins appeal |
| (39 minutes later) | |
| A man who stabbed a 16-year-old boy to death in a school playground has won an appeal against his murder conviction. | A man who stabbed a 16-year-old boy to death in a school playground has won an appeal against his murder conviction. |
| Derek Ferguson, 26, from Airdrie in Lanarkshire, had been released early from prison when he knifed Steven Pettigrew in April 2005. | Derek Ferguson, 26, from Airdrie in Lanarkshire, had been released early from prison when he knifed Steven Pettigrew in April 2005. |
| He was found guilty of murder but appealed because the judge failed to tell the jury they could return the lesser verdict of culpable homicide. | He was found guilty of murder but appealed because the judge failed to tell the jury they could return the lesser verdict of culpable homicide. |
| The Crown can now seek a fresh prosecution or a change of verdict. | The Crown can now seek a fresh prosecution or a change of verdict. |
| It is understood there is no prospect of Fergusson being released in the immediate future, even after a further appeal court hearing at the start of next year. | |
| After a trial in 2005, where Ferguson denied murder, he was sentenced to 18 years in prison. | After a trial in 2005, where Ferguson denied murder, he was sentenced to 18 years in prison. |
| The High Court in Edinburgh heard that he punched and kicked Steven Pettigrew before thrusting a knife into his back in the playground of Chapelside primary school in Airdrie. I am absolutely disgusted. My 16-year-old son has been murdered. I feel let down by the justice system again Suzanne Pettigrew Victim's mother | The High Court in Edinburgh heard that he punched and kicked Steven Pettigrew before thrusting a knife into his back in the playground of Chapelside primary school in Airdrie. I am absolutely disgusted. My 16-year-old son has been murdered. I feel let down by the justice system again Suzanne Pettigrew Victim's mother |
| The victim was with other teenagers at a hut in the playground where they had gathered to drink alcohol and listen to music. | The victim was with other teenagers at a hut in the playground where they had gathered to drink alcohol and listen to music. |
| In 2004, Ferguson had been released early from an eight year sentence for a vicious axe attack. | In 2004, Ferguson had been released early from an eight year sentence for a vicious axe attack. |
| At the Criminal Court of Appeal in Edinburgh, Lord Osborne said: "We conclude that the omission of the trial judge to give a direction in relation to culpable homicide was a material misdirection resulting in a miscarriage of justice. | At the Criminal Court of Appeal in Edinburgh, Lord Osborne said: "We conclude that the omission of the trial judge to give a direction in relation to culpable homicide was a material misdirection resulting in a miscarriage of justice. |
| "We have reached the conclusion that the verdict in this case against the appellant cannot stand." | "We have reached the conclusion that the verdict in this case against the appellant cannot stand." |
| A further hearing will take place in February when the Crown can seek authority for a fresh murder charge prosecution or the judges could be invited to substitute a culpable homicide verdict. | A further hearing will take place in February when the Crown can seek authority for a fresh murder charge prosecution or the judges could be invited to substitute a culpable homicide verdict. |
| Brain damage | Brain damage |
| The ruling was greeted with outrage by the victim's mother, Suzanne Pettigrew, 38. | The ruling was greeted with outrage by the victim's mother, Suzanne Pettigrew, 38. |
| She said: "I am absolutely disgusted. My 16-year-old son has been murdered. I feel let down by the justice system again. | She said: "I am absolutely disgusted. My 16-year-old son has been murdered. I feel let down by the justice system again. |
| "Basically I know he is not going to get done for murder now." | "Basically I know he is not going to get done for murder now." |
| She added: "He went out with a knife that night. It ripped all the way through my son's body and left him with irrecoverable brain damage. How can they turn round and say it was not murder." | She added: "He went out with a knife that night. It ripped all the way through my son's body and left him with irrecoverable brain damage. How can they turn round and say it was not murder." |
| Local MSP Karen Whitefield said she was "appalled". | Local MSP Karen Whitefield said she was "appalled". |
| "I think the Pettigrew family and the people of Airdrie will find it very difficult to understand why Mr Ferguson has been allowed to leave prison today and has had his conviction overturned on a technicality," she said. | "I think the Pettigrew family and the people of Airdrie will find it very difficult to understand why Mr Ferguson has been allowed to leave prison today and has had his conviction overturned on a technicality," she said. |
| "It's appalling that he ended someone's life prematurely and is allowed to walk free without serving the sentence that he was convicted of." | "It's appalling that he ended someone's life prematurely and is allowed to walk free without serving the sentence that he was convicted of." |