WENDY GRAHAM v. HER MAJESTY'S ADVOCATE

APPLICATION FOR EXTENSION OF TIME IN WHICH TO LODGE A NOTICE OF INTENTION TO APPEAL AGAINST CONVICTION

[1] The applicant was convicted of murder in December 2008. This is an application some five years later for an extension of time in which to lodge a notice of intention to appeal against conviction. Mr Allan recognised that it was for the applicant to show an adequate explanation for failure timeously to lodge an appeal, that the test is influenced by the subject matter of the appeal and, importantly, by whether there are in the courts assessment grounds of appeal which have a prospect of succeeding. The longer the period of delay, he submitted, the stronger need be the grounds.

[2] Despite the length at which they are set out in the application and accompanying proposed grounds, the grounds on which leave is sought are fairly simple, and are based on the alleged deficiency of those representing the applicant at trial.

[4] Additional material now obtained from Lothian & Borders Police indicates that on numerous occasions the police were called to domestic incidents involving the applicant and her ex‑husband, or later, the applicant and the deceased, which might, it is said, have assisted an argument based on Battered Person Syndrome had the matter been investigated by the applicant's then representatives.

[5] The very long period of time which has elapsed between the present agents being instructed in July 2009, and the presentation of this application, is explained by the need to carry out further investigations, obtain further reports and obtain legal aid sanction at different stages. It is submitted that it arises also from the efforts of the present agents, in what counsel described as a complex case, to meet the requirements of the case of Grant v HMA .