Brian Kelly

Years in prison:
4
Year of crime:
1987
Year conviction was overturned:
2004

Brian Kelly was convicted of the rape of a woman, who was raped while in her bed at home. Kelly was convicted largely on the basis of DNA evidence which was said to have established that his DNA was on the complainant’s dressing gown (although the victim knew Kelly and had not identified him). On appeal, expert evidence was introduced to show that American laboratories had become aware of a danger of cross-contamination of DNA evidence if there was not an empty well between samples. This meant there was a possibility of cross-contamination in Kelly’s case. The court noted that DNA evidence was crucially important for Kelly’s conviction and that if the jury had rejected it then the evidence would have been insufficient to convict the appellant. Accordingly, the conviction was quashed.

View Press (news.bbc.co.uk)

View Press (www.scotsman.com)

< Back to Case Search < Back to Overview Graph
  • Offence: Sexual offences
  • Jurisdiction: Scotland
  • County: Ayshire 
  • Ethnicity: White
  • Gender: M
  • Years in prison: 4
  • Offence convicted of: Rape
  • Year of crime: 1987
  • Year of initial conviction: 1989
  • Year conviction was overturned: 2004
  • Age when imprisoned: 32
  • CCRC Referral: Y
  • Tried with others: N
  • Link to full case: Not available
  • Type of fresh evidence at appeal: Evidence undermining forensic science
  • Compensation: Unknown
  • Crown argued case at CofA: Unknown
  • Retrial: No
  • Previous appeals: Unknown