Glasgow & West Scotland

Wife killer David Lilburn appeal against his conviction

David and Ann Lilburn
Image caption David Lilburn stabbed his wife, Ann, 86 times at the family home

A man who stabbed his wife 86 times has launched a second appeal against his conviction for her murder.

David Lilburn, 51, admitted killing 43-year-old Ann in Paisley, Renfrewshire, in July 2007 but claimed a "black shadow" told him to do it.

A jury dismissed his claim of mental illness and convicted him of murder. He was jailed for a minimum of 19 years.

Lilburn's previous appeal failed in 2011. The second one is based on fresh psychiatric evidence.

During his trial at the High Court in Glasgow in 2008, Lilburn's lawyers maintained that he should be convicted of the lesser charge of culpable homicide on the grounds of diminished responsibility.

'Diminished responsibility'

The jury heard that a "black shadow" had told the former accountant to commit the crime.

An earlier appeal was rejected by judges at the Court of Criminal Appeal in Edinburgh but Lilburn's case has now been referred back to the court by the Scottish Criminal Cases Review Commission (SCCRC) which looks at alleged miscarriages of justice.

His counsel Claire Mitchell told judges that a proposed note of appeal had been prepared that was, broadly put, in the terms that the case was referred by the commission.

The SCCRC said it was referring the case "on the basis of fresh psychiatric evidence that his responsibility was diminished at the time of the offence".

Ms Mitchell said Lilburn considered that there was at least one other ground of appeal which may be open to him.

Advocate depute Gillian Wade QC told Lord Eassie, sitting with Lord Bracadale and Lord Wheatley, it was anticipated that it was an appeal in which evidence would require to be led.

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