Burt, Gavin

Gavin Burt was convicted in July 2002 of kidnap and possession of a firearm with intent to kidnap. Mr Burt received a sentence of eight years’ imprisonment.

The CCRC received an application for review of the conviction in November 2004.

Mr Burt had been convicted principally on the basis of the evidence of a witness.

During review, the CCRC obtained new evidence indicating that this witness had given fabricated evidence in a different case.

This substantially undermined the reliability of the witness.

Mr Burt’s co-defendants had successfully appealed their convictions and at retrial the Crown had offered no evidence.

Without the witness’s evidence, the CCRC considered there would have been insufficient evidence to convict Mr Burt.

The CCRC referred the conviction in November 2004.

The Court of Appeal quashed the conviction in February 2005.