Gilbert (Danny) McNamee

Gilbert McNamee was convicted of conspiracy to cause explosions likely to endanger life or cause serious injury to property. The prosecution argued he had been involved in a bomb making factory in his place of employment (the owners of the premises were convicted terrorists). McNamee claimed that he had no knowledge the premises were used for terrorist purposes. He was convicted on the basis of fingerprint evidence, specifically fingerprints were found on a piece of insulating tape wrapped around explosive devises on two occasions. On appeal it was argued that there had been a failure to disclose relevant material, that forensic science evidence that linked McNamee with explosions did not stand up to scrutiny and new evidence showed persons other than McNamee were more likely to be responsible, and that one piece of fingerprint evidence could not be relied upon. The Court of Appeal concluded that since they could not be sure that the jury would have reached the same conclusion had they had the fresh evidence the conviction was unsafe.