Scottish government refuses pardon for man hanged over 250 years ago

The Scottish government has confirmed that it will not seek a posthumous royal pardon for a man campaigners say was wrongfully hanged over 250 years ago.

Solicitor John Macaulay called on First Minister Nicola Sturgeon to help overturn the conviction of James Stewart, a Highlander who was hanged in 1752 for abetting a murderer who was never arrested or charged.

He first petitioned ministers five and a half years ago, but didn’t receive an official response until his application was declined this year.

The murder, alleged to have been committed by Ailean Breac Stewart (or Allan Breck), is known as the “Appin Murder” and was later used as a central plot point in Robert Louis Stevenson’s acclaimed novel Kidnapped.

Campaigners say Mr Stewart’s conviction and hanging is one of the most blatant miscarriages of justice in Scots legal history.

Though the power to pardon Mr Stewart nominally rests with the Queen, the Scottish government can recommend that the Royal Prerogative of Mercy (RPM) is exercised.

However, the Scottish government has refused to intervene, saying its powers to recommend a royal pardon are “necessarily used sparingly” and the case for overturning Mr Stewart’s conviction is not strong enough.

Mr Macaulay, responding to the latest development, told The Herald: “The most important aspect, the basis on which the submission was made, has been ignored completely and deliberately.

“Our submission was that, quite irrespective of all other ‘evidence’ led at trial, as Allan Breck could not be identified as the assailant, nor inferred as such, the case against James Stewart fell completely as a matter of law.”