The Electronic Telegraph 25 April 1995 HOME NEWS

Parents sue for £50,000 over killing of daughter

By Ray Clancy

Joe Duffy, 44, and his wife Kate, 40, are suing Francis Auld for £50,000 for the loss of their daughter. A jury found the murder charge against him not proven, a decision that has prompted calls for this third verdict in Scots law to be abolished.

"Someone killed our daughter, brutally and horribly," Mr Duffy said. "We want justice. This is the only way to get it."

Amanda Duffy, 19, a drama student, was bludgeoned to death in May 1992 close to her home in Hamilton, near Glasgow.

Mr Auld, then aged 20, a local man who knew Amanda, was charged with murder. He admitted meeting her in a taxi queue and walking away with her on the night she was killed. He had no previous convictions and he denied murder.

The details of the case when it came to court six months later shocked the community. Mrs Duffy collapsed when the jury returned its verdict. Not proven is a third verdict under Scots Law. It means that the jurors think the accused could be guilty, but that the prosecution has not convinced them beyond all reasonable doubt. In practice it amounts to an acquittal, as the accused cannot be re-tried for the same offence.

If successful, the case could herald an overhaul of the Scottish legal system

The caller was apparently a young man. He spluttered an apology for what he had done and hung up before the call could be traced. "We are convinced it was Amanda's killer," Mr Duffy said. He and his wife called for an end to the not proven verdict.

Their decision to sue in the civil courts - where the burden of proof required is lower than in criminal courts - comes after 18 months of talks with lawyers. Mr Auld will be served with a summons this week.

"It is not really the money," Mr Duffy said yesterday. "This is the only legal avenue open to prove once and for all who killed our daughter."

The couple's lawyer, Peter Robertson, said: "From the family's point of view, this is like a road traffic accident. The evidence is presented to a judge, who decides who was to blame and if there should be compensation."

If successful, the case could herald an overhaul of the Scottish legal system.

The Labour Party is backing the call for the not proven verdict to be abolished and has prepared a paper outlining reasons for a complete overhaul of the jury system.