Ex-para 'could face third trial'

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A former paratrooper could make legal history by standing trial three times on the same murder charge.

Duncan Edwards, 40, was cleared after appeal of killing Linda Anderson, 44, in Edinburgh on New Year's Day 1999.

But he was again jailed for life after being convicted during a re-trial in 1999.

Edwards has returned to court to argue that his defence team at the second trial let him down. Appeal court judges could order a third trial.

The partly-clothed body of former police clerk Ms Anderson was found at the bottom of a stairwell in a tenement in Tollcross, Edinburgh, in the early hours of New Year's Day 1999.

Her skull was fractured and she died later in hospital.

The man [Edwards] pronounced himself satisfied with everything that was done, both during the trial and after the verdict Derek Ogg QCAdvocate depute

Edwards was charged with kicking and stamping on the mother-of-two during the fatal attack and was jailed for life later that year.

But Ian Hamilton QC successfully persuaded the Court of Criminal Appeal in Edinburgh there had been a miscarriage of justice because the judge had misdirected the jury.

Edwards was again represented by Mr Hamilton when he faced a second jury in September 2001, and was again found guilty.

Judge Lady Cosgrove jailed him for life and Edwards was ordered to serve at least 14 years before he can apply for parole.

The latest appeal by Edwards, who comes from Orkney but has lived in Newmachar in Aberdeenshire and in Edinburgh, is being heard by Lord Nimmo Smith, sitting with Lord Eassie and Lady Paton.

It is believed that a third trial would be a legal first in Scotland.

The appeal judges have been given a list of reasons why Edwards believes his second trial was unfair.

Herbert Kerrigan QC, Edwards' new counsel, told the judges there had been "a colossal swing" in defence tactics between the two trials.

Edwards had claimed, unsuccessfully, during the 1999 trial that the injuries which killed Ms Anderson were the result of falling over the low banister as she made her way down the stairs from Edward's Tollcross flat after a Hogmanay party.

Went smoothly

Ms Anderson's then boyfriend, 39-year-old Craig Dundas - who was also in the dock accused of murder - was found guilty of assaulting her and later admonished.

At the second trial, the defence tried to blame Mr Dundas for the murder - an allegation he vigorously denied when giving evidence.

Mr Kerrigan said that Edwards' story had not changed and the decision to incriminate Mr Dundas was the responsibility of his lawyers.

The Crown has argued that the murder conviction should stand.

Advocate depute Derek Ogg QC told the appeal court: "The man [Edwards] pronounced himself satisfied with everything that was done, both during the trial and after the verdict."

Edwards was on first-name terms with Mr Hamilton and had even sent his lawyers a thank-you note, the appeal judges heard.

Mr Hamilton has sent the court a note pointing out that he is now 84-years-old and has no memory of the trial, other than that it went smoothly.

The hearing is expected to last up to five days.