David Ballingham

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David Ballingham was convicted of two counts of assault. The identification evidence in the case was said to be weak. On appeal, a new witness was discovered who described seeing a man in his 20s running away from the scene of the original attack. The original trial Sheriff wrote a report to the appeal court, stating that had the witness’s evidence been available at the 2005 trial, it would have given him reasonable doubt about Ballingham’s guilt and he would have been acquitted. The prosecution had also failed to disclose material evidence that would have helped the defence case.

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