A CRIMINAL jailed for murdering a man outside his mum’s pub has lost a legal bid to have his conviction quashed.
David Callaghan,31, was given a life sentence alongside co-accused Craig Corrall,40, in January 2020 for killing Owen Hassan in Pollokshaws, Glasgow, in November 2018.
During proceedings at the High Court in Glasgow, jurors heard how Corrall was “prepared to do 20 years” after discovering Mr Hassan had been seeing his ex-partner.
Mr Hassan, a 30-year-old dad, died after being stabbed in the heart outside the Old Stag Inn bar – run by his mum Ann Marie Lynch.
Judge Lord Woolman jailed the pair at the High Court for the “pre-mediated and vicious” murder.
Corrall was locked up for at least 20 years and six months while Callaghan was sentenced to 20 years.
On Tuesday, lawyers for Callaghan told appeal judges Lord Carloway, Lord Pentland and Lord Turnbull that their client was the victim of a miscarriage of justice.
Defence advocate Fred Mackintosh QC told the Court of Criminal Appeal in Edinburgh that during the trial, jurors heard evidence about a statement made to the police by Corral.
Mr Mackintosh said he believed the statement made by Corral amounted to a confession and that Lord Woolman should have done more to explain its significance to jurors.
The lawyer said that because the judge didn’t do this, the case against Callaghan was prejudiced and he was wrongly convicted.
However, the appeal judges disagreed with Mr Mackintosh’s submissions and upheld the conviction.
Lord Carloway said: “The confession which was relied upon was not incriminatory of the appellant in any real sense and therefore was no need for the judge to give a particular direction on that matter and his directions on the evidence which was available in relation to the appellant were sufficient.
“We will therefore refuse the appeal.”
During proceedings last year, the court heard how the killers claimed they had been victims of “mistaken identity.” However, jurors rejected the claims.
Mr Hassan’s mum told the trial how she found her dying son “covered in blood” after he was set upon on November 7 2018.
Miss Lynch: “I was trying to get a phone to call an ambulance. I was just trying to help him.”
The 55-year-old also went ¬after her Mr Hassan’s attackers as they fled.
One yelled at her: “F*** off, missus.”
Miss Lynch recalled: “I just thought: “Who are you...what have you done?’.”
Corrall and Callaghan were eventually held for the murder in March this year following a large scale investigation, which major crime chiefs say was the result of “modern techniques”.
The trial heard how Corrall’s former partner received texts saying he would go to jail “as long as its worth it” after finding out about her relationship with Hassan.
Corrall went on to boast to a friend that he had “stabbed the f*** out” of Mr Hassan.
On Tuesday, Mr Mackintosh told the court that his client’s conviction should be quashed.
He added: “The confession creates a tangible connection - there is a tangible connection between the terms of the confession and the defence case for this appellant which requires a sufficient direction. “
Prosecution lawyer Ashley Edwards QC told the appeal court that Lord Woolman had not committed any errors in his directions to jurors and the conviction is safe.
She said that the statement made by Corrall did not name Callaghan and that there was enough evidence available for jurors to find the appellant guilty of murder.
She added “In the Crown’s submission - with regard to the confession by the co-accused - the co-accused has simply said there was another person there and there is no direct link to the appellant.”
The appeal judges also said they’d issue their full reasons for their ruling in a judgement which will published sometime in the near future.
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