Gilfillan, Michael
Michael Gilfillan was convicted in July 1994 of murder and received a sentence of life imprisonment.
The CCRC inherited an application for review of the conviction from the Home Office in March 1997.
Mr Gilfillan had killed the victim by kicking him with force in the course of a fight. The prosecution’s medical expert, who examined Mr Gilfillan prior to trial, thought that he might be subject to diminished responsibility but no evidence of this was put forward at trial and the charge was defended on the basis of self-defence.
Subsequently, clear and undisputed evidence emerged from prison doctors that Mr Gilfillan had been suffering from paranoid schizophrenia at the time of the offence.
The CCRC considered that there was therefore evidence that Mr Gilfillan’s responsibility was substantially diminished at the time of the offence and, had the jury been aware of this, it may have influenced their view as to whether Mr Gilfillan had acted under provocation, as had been argued by the defence at trial.
The CCRC referred the conviction in February 1998.
The Court of Appeal quashed the murder conviction in December 1998 and substituted it for one of manslaughter on the grounds of diminished responsibility. A hospital order with restriction was made under the Mental Health Act 1983.