Helensburgh Advertiser | News

Wednesday, 7th January, 2009

Published: Thursday, 22nd February, 2007 16:06

Back behind bars

By Tracy-Ann Carmichael

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A HELENSBURGH man found guilty of killing his wife has lost an appeal against his conviction.

John Gardiner is back behind bars this week after the Appeal Court in Edinburgh rejected a legal challenge on Friday.

The 59-year-old had been back living in the Burgh since July last year, when he was freed pending appeal against both his conviction and the length of his sentence.

Gardiner was ordered to serve a total of 12 years in jail after he was found guilty of culpable homicide and attempting to pervert the course of justice at the High Court in Paisley in September 2005.

He was sentenced at the High Court in Glasgow later that month by Lord Dawson, who branded him “callous, contemptible and inhuman”.

Earlier he heard Gardiner claim that his wife died accidentally after a row at their home in Sinclair Drive in October 2004.

The court heard that Margaret had changed her mind about allowing Gardiner to take out a secured loan on their home, sparking the argument.

He claimed that he “gave her a turn” as she lunged at him and she fell from the back door, smashing her skull in the process.

Gardiner, a former Royal Navy officer, said that his wife had been making a snack in the couple’s kitchen and he had believed she still had the knife in her hand as her outburst came.

The court heard how her skull had shattered “like eggshell”, producing a rare comminuted fracture.

Prosecutors alleged that ex-submariner Gardiner had murdered his wife by repeatedly striking her with an unknown blunt instrument, and attempted to pervert the course of justice by dumping 55-year-old Margaret’s body in an attempt to cover up the crime.

Part of a tooth and fragments of Margaret’s skull were recovered from the house by forensic experts.

Gardiner told members of his wife’s family that she had headed down south to visit the couple’s grown-up son and daughter and claimed that he had dropped her close to a Glasgow train station.

But his theory was later discredited and he confessed to daughter Fiona as he was held by Police that her mother was dead.

An appeal was lodged in November last year. Gardiner's defence argued that the jury were not entitled to return a verdict of culpable homicide because of insufficient evidence.

A mistake by the trial jury had meant they failed to convict Gardiner in accordance with directions issued by Lord Dawson. They had to be re-directed by the judge before returning the culpable homicide verdict.

Gardiner claimed he had been the subject of a “perverse” jury verdict when he was convicted.

But Lord Johnston, who heard the appeal with the Lord Justice Clerk, Lord Gill and Lord Osborne, said in their opinion the evidence presented by the Crown supported the position that the jury were entitled to conclude that an assault took place.

They were also satisfied that evidence from pathologists provided corroboration that an attack had taken place.

Lord Johnston said: “We are satisfied that the jury were entitled to bring in a verdict of culpable homicide as they did.

“Once the matter was left open to the jury, which the trial judge was not criticised for so doing, the issue of culpable homicide was at large for them to consider.”

Gardiner — who was sentenced to six years for culpable homicide and a further six for attempting to defeat the ends of justice — may still challenge the length of his sentence.

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