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I am writing to bring attention to my wrongful conviction and ongoing fight for justice. 

I deeply respect the Scottish courts and prosecution system and strongly believe in the right to a fair and just trial, however, my case highlights significant flaws that have led to a miscarriage of justice.

Background

In July 2021, I was arrested and held on remand until my trial in March 2023, during the trial, no substantial evidence was presented to suggest that I had committed any crime, let alone justify a conviction, evidence was hearsay and circumstantial. 

Despite this, I was found guilty by a majority verdict of 11 crimes under the outdated 1930 Moorov Doctrine - a legal principle that is not used in any other court or justice system within the mainland UK, only applies to Scotland.

Key Concerns

No DNA, no forensic, no photographic, no medical, no IT, or documentary evidence was presented, no credible or reliable witness testimony supported the allegations; I was convicted with hearsay and circumstantial evidence coupled with the 1930 Moorov Doctrine.

The alleged victims changed their statements multiple times, including one admitting, Quote, "I may have exaggerated the incident."

As of 16th January 2025, recent text messages from one of the alleged victim’s which were sent after trial to my mother which constitutes perjury states, "Your son is behind bars for crimes he did not commit." and further states ‘All Dane did during our relationship was try to support me’ then she admits that she was the abusive one during their relationship, these messages directly challenge the testimony used to convict me.

 

 

 

On Tuesday, 11th March 2025, at 16:29 hrs., I made a phone call from HMP Glenochil to my daughter, as part of my regular routine after she finishes school. The call lasted 11 minutes and 13 seconds and was recorded by the prison’s phone system – details have been passed to my legal team. 

Unknown to me my daughter was visiting her mother, during the conversation, I was joking with my daughter about buying a Rangers football top when my daughter’s mother, one of the alleged victims overheard the exchange and made an alarming and incriminating remark: "If you have bought a Rangers top, what else can I falsely accuse you of so I can keep you in there longer?"

After I said goodbye to my daughter, my daughter’s mother turned to my mother, who was present at the time, and made an even more disturbing comment: “I can’t falsely accuse him of rape again, so it will be murder next time."

These statements constitute direct evidence that the mother of my daughter fabricated the allegations that led to my conviction, the prison recording should have verified this conversation and confirmed her clear intent to falsely accuse me.

The text messages and recorded prison conversation were given to police.

When questioned by police the alleged victim did not want to participate in a police interview regarding the text messages and recorded prison conversation claiming she was vulnerable. 

All new evidence after the trial was presented to the Board of the miscarriage of justice, their verdict was: we believe this was the victim’s attempt at being humorous, as for the text messages, they were dismissed, not even investigated as the alleged victim stated she was vulnerable.

One alleged victim admitted under oath and in a police statement that she exaggerated an incident, yet I was still charged with assault.

Another alleged victim sent pleasant text messages to my mother the day after an alleged rape, but under oath, she claimed that my mother forced her into sending those texts. This claim is contradictory, as the two of them were 12 miles apart at the time. Furthermore, my mother's phone was forensically analysed, proving she did not make any calls to this alleged victim on the morning in question, making this another example of lies. 

To add, the alleged victim on the morning after the alleged rape, left the hotel with me, we both got into a taxi and went to our house where she stayed for a further two months while she gave up her tenancy in Balloch then rented a flat in East Kilbride with me.

 

She then opened an online chat between herself, my mother and her mother justifying the reason why she was moving to East Kilbride quoting ‘Dane and his daughter are my life’ then eight months later accused me of rape in a hotel room because I ended the relationship. 

This time frame coincided with me ready to win custody of my daughter from one of the other alleged victims – her friend.

CID interviewed three of my family members, who confirmed I did not commit the crime of assault, yet their statements were not disclosed in court. 

After one alleged victim gave a statement to the police, she admitted in a text message to me that I had not committed any crime, acknowledging her accusations were fueled by personal resentment. The same alleged victim later visited me in prison then wrote to me in prison stating, "I will fight until I am blue in the face for justice" and vowing to expose the lies of the other complainants calling them cows. 

Despite police and social work investigations into her 2018 rape allegation against me which found no wrongdoing ‘consensual sex between both of us’ these reports were not presented as evidence in my trial. 

Flawed Legal Process

·        I was denied the opportunity to present critical evidence in my defense.

·        Key defense witnesses, including my parents, brother, and a senior police officer specialising in rape and domestic abuse, were not called upon to testify.

·        Various text messages from the alleged victims contradicted their own statements, yet I was still found guilty in a court of law with no evidence by a majority verdict under the outdated 1930 Moorov Doctrine.

·        A crucial defense witness, the parental father and stepmother of one of the complainants, were not called to testify in my defense.

·        Over 20-character references supporting my integrity and credibility were excluded from my trial.

Unjust Use of the Moorov Doctrine

Scotland is the only part of the UK that still relies on this doctrine, which allows for convictions without direct evidence, I was found guilty of 11 charges in a court of law with no evidence by a majority verdict under the outdated 1930 Moorov Doctrine.

The reliance on this outdated principle resulted in an unreasonable and unjust verdict.

 

 

 

Credibility Issues with the Accusers

One alleged victim has a documented history of falsely accusing numerous male individuals of sexual offenses since the age of 14 including family members and others, even after my trial she is accusing males of crimes of a sexual nature against her – however this crucial evidence was not allowed in court, if so, it would have clearly demonstrated this alleged victim is a serial predator against males.

Another alleged victim has previously handed over custody of her child to her mother under the guidance of social workers due to parental concerns. The same alleged victim engaged in online prostitution before, during, and after my trial ‘unknown to me’. 

Online picture evidence would have proved no physical harm was inflicted on her body; however, I was still charged with rape and assault. This fact questions her credibility and integrity. Another alleged victim sending text messages to my mother the day after an alleged rape in a hotel, under oath, she claimed that my mother forced her into sending those texts, they were 12 miles apart at the time, making this another example of lies.

Motives for False Accusations

All three alleged victims are closely connected, two of whom are childhood friends, and colluded to fabricate these allegations.

The accusations against me emerged as I was in the final stages of gaining full custody of my daughter, who had been removed from her mother’s care due to child neglect. Financial compensation was also a motivating factor.

Conclusion

I am a 23-year-old man with no prior convictions, no psychiatric history, a stable family environment, and was in full-time employment.  I was in the final stages of winning full custody of my daughter when these false allegations were made against me. 

These accusations have destroyed my life, my future, and my ability to care for my daughter, I have been imprisoned since July 2021 for crimes I did not commit. My conviction was based solely on allegations, with no burden of proof or credible evidence, my case exposes severe flaws in the Scottish justice system, particularly the continued use of the 1930 Moorov Doctrine. 

All my evidence can be produced, and I am prepared to prove my innocence beyond any doubt. This miscarriage of justice should not be allowed to stand.

Sincerely,

Dane O'Neill