http://www.sccrc.org.uk/viewfile.aspx?id=300
The Scottish Criminal Cases Review Commission has referred to the High Court the case
of David Ballingham in respect of his conviction. Mr Ballingham was convicted at
Falkirk Sheriff Court on the 19 May 2005 of two charges of assault and sentenced to 120
hours’ community service. Leave to appeal against conviction was refused by the first
and second sifts.
In his application to the Commission, Mr Ballingham raised a number of grounds which
he considered justified his case being referred back to the High Court. These were:-
1. That the court’s verdict was unreasonable due to the weakness of the
identification evidence.
2. That there was a failure by the Crown to disclose material evidence.
Having investigated the various grounds of review, the Commission believes that there
may have been a miscarriage of justice in respect of both of these grounds.