Gavin Burt

Gavin Burt and two others were convicted of kidnapping and having a firearm with intent to commit an indicable offence. The convictions depended on the evidence of a witness called Michael Hutchinson who had a lengthy criminal record and was a drug addict. Following Burt’s conviction, Hutchinson made allegations of blackmail against another man. He asserted that this man had threatened him to get him to change his story about the kidnapping. The man asserted complete ignorance of events at the original trial and said that the threats related to a business deal. As a result of a police investigation it was discovered that the assertions made by that man were true, and Hutcheson’s allegations were false. The Crown considered it would not be safe to rely on the credibility of Hutchinson as a witness. On this basis the court ruled that Burt’s conviction was unsafe.