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Site update – 02/02/2012
Sean’s appeal finished today without the need to return for day 4. While the general feeling is that it has gone well, obviously we can’t and wouldn’t speculate on the outcome so must wait until a decision is reached. We will of course update you as soon as possible, but in the meantime would like to thank everyone for their overwhelming support both at court, through the many supportive messages left each day, and that displayed by the increase in site traffic as people check for news. It is very much appreciated and has made a huge difference to Sean and his family.
Information Appeal Page Update 18/03/2011
On Saturday 7th, going into Sunday the 8th August 2004, Sean Toal aged 19, was enjoying a party at his girlfriends home. During the night, three uninvited males arrived and when Sean answered a knock at the door he was instantly attacked. A fight ensued outside on the street as a result of which one of the three men, Paul McGilvray, was stabbed and died. On the 24th August 2005, Sean was sentenced to serve a minimum of 15 years having been convicted by a majority verdict the previous month.
Imagine a prosecution opening with the following –
“Ladies and Gentlemen of the jury, this is a trial for murder. What the Crown suggests to you is that the deceased was angry at the fact his girlfriend had been sleeping around, so he and his two ‘cousins’ decided to go and teach the man she had been cheating with and his friends a lesson. At least two of them were armed and have admitted to us that they went to the locus looking for a fight. One has previous convictions for numerous assaults and drug charges, he armed himself with a screwdriver and his accomplice Jn armed himself with a buckfast bottle from the car they drove there in. They were uninvited to the house but went anyway and started a fight. The fight went horribly wrong and one of them died. The two defensive blows to the head from Sean Toal could not have been fatal, but in due course we will ask that you find him guilty of murder.”
Of course, that’s not how the case against Sean and his three co-defendants was led, but it is, as the evidence shows, what happened. However the difference between reality and the case presented isn’t the only hallmark of this case, it also highlights very effectively just how dangerous the Scottish section 14 interviews were for innocent people. (The questioning of suspects while denying them access to a solicitor for up to 6 hours)
Sean Toal is innocent.
