18/04/2013 Reporting Scotland

Tonight, on Reporting Scotland: Released from prison. Kimberley

Hainey was jailed for murdering her toddler son. Now, Appeal Court

judges have quashed her conviction. She's been cleared of all charges.

Also on the programme: On his bike. 36 years of age, how much longer

will he go on? Surely he will be at the Commonwealth Games in Scotland?

Six Olympic golds, 11 world titles, and a Commonwealth velodrome to his

name. But Sir Chris Hoy won't be cycling again. To try to go on for

another year would be one year too far for me and I didn't want to

turn up just to wave at the crowd, I wanted to win a medal for

Scotland. An investigation is underway in

Aberdeen, after a hospital mortuary van is taken to this garage for

repairs, with a body still inside. Back to the future. Why Prince

Charles is trying to revive the lost skill of horse logging.

And, Andy Murray crashes out of the Monte Carlo Masters in a straight-

Kimberley Hainey, who was convicted of murdering her toddler son and

hiding his body, has been freed from jail, after all convictions

against her were quashed. Miss Hainey was sentenced to a minimum

of 15 years in December 2011. Catriona Renton reports.

Declan Hainey was found in a partially decomposed state in a

pocket in Paisley. His mother had a history of drug addiction. After

Declan was born, Kimberley and the baby lived with her mother, but

five months later in 2000 and it she got a flat of her own. The

grandmother said she continued to see the baby until his first day --

birthday. Declan was last seen alive in that summer 2009, aged 15

months. Friends and family asked after him, Kimberly gave the

impression nothing was wrong. Eight months later, his body was found in

the flat which was strewn with rubbish. His body was in such a

state of decomposition it was impossible to say how he died.

Kimberley Hainey maintained she woke up one morning to find her

baby Declan dead in his cot. She said she was in denial and could

not accept he had gone and did not want anyone to take my way. When

the case came to the High Court in Glasgow, the prosecution relied on

scientific evidence Declan was malnourished. In December 2011,

Kimberley Hainey was found guilty of murder, and of hiding the body

of her son. She was sentenced to 15 years. Her neighbours gave their

reaction. If justice has been served. Today, three appeal court

judges gave their reasons for quashing the conviction and

criticising a forensic anthropologist who gave evidence

Declan was possibly malnourished despite the fact they were not

They also criticised the trial judge for allowing evidence from Dr

Cunningham. They said the jury had been misdirected and Kimberley

Henie had suffered a miscarriage of justice. Had he lived, Declan would

be five years old yesterday. Nobody knows how he died.

Our home affairs correspondent Reevel Alderson joins me now. A

very distressing case. What reaction has there been to this

acquittal? There is bound to be a huge amount

of public disquiet about the situation. The mother's conviction

has been quashed but what remains troupe is that Declan, her young

son, is dead, and his body had lain in his cot for eight months, which

means we do not know how he died. Meanwhile, Kimberley Hainey, a

heroin addict, was telling friends and relatives there was nothing

amiss. She has been freed, because the appeal court said there was a

miscarriage of justice involving that scientific and medical

evidence. The prosecution says it will not seek a retrial which means

in the eyes of the law Kimberley Hine has committed no crime. There

must be lessons to be learned? there is an argument lessons have

already been learnt. In the trial, the jury heard the health worker

assigned to look after Declan had more than 300 cases on her books.

As soon as his body was discovered, the council instituted a

significant case review. Before Kimberley Hainey came to trial,

that review had reported making 16 recommendations for changes to

practise for those involved in child protection. They have all

been implemented. The Care Commission has said they had been

turned into a comprehensive and realistic action plan, with

increased resources and appropriate training. The cows of says the

information it gathered will be handed to a further inquiry. The

council has called on the Scottish Government to meet the growing

challenge of the neglect of children in our society.

Scotland's greatest Olympian, Sir Chris Hoy, has confirmed he's

retiring from competitive cycling. It means he won't be racing in the

velodrome which bears his name at next year's Commonwealth Games in

Glasgow. Rob Flett reports. It was a day he said had been

hanging over him but Chris Hoy it is content he has achieved

everything he can in his sporting career. Winning a 6th gold medal in

London and earned him the title of our greatest Olympian.

Chris Hoy gets the gold medal! also took its toll.

He is in tears. I was successful in London but

maybe people do not realise how much that took out of me. So, to

try to go on for another year would be too much, one year too far for

me and I didn't want to turn up just to wave at the crowd, I wanted

to win a medal for Scotland. Because I don't feel I can do that,

I'd rather set -- Stepaside. On an emotional day he was supported by

his wife. It was a decision ultimately he had

to come to at the end of the date and I am delighted to hear him say

it out loud. Retirement will mean more time for his role as an

ambassador for Glasgow's Commonwealth Games. We are very

keen to have further discussions. To be further involved, a fantastic

role to play to inspire. Talk will turn to his legacy, which he says

is helping to deliver an indoor velodrome for Scotland. For his

name to be on that venue is a massive legacy for the next 100

years of Scottish cyclists that fully competing and winning at

world level. Ultimately we do it for fun, not because it is a job.

He takes up the sport because you love it. I am pleased to say it I

feel that way about it. I hope to try to encourage other people to

get into the sport. There will be no more medals but he will remain a

hugely influential figure in the future of Scottish sport. Thank you.

You're watching Reporting Scotland from the BBC. Still to come on the

programme: The art of noise. How super-sensitive microphones inside

an old dockside crane are giving voice to an old friend.

We'll have more on Chris Hoy's decision to retire. Scottish

sportsmen and women pay tribute to the Olympic cycling legend.

The Celtic manager has been hit with a dugout ban, And, not a good

day for Andy Murray in Monte Carlo, as he crashes out on clay again,

and in under an hour. An investigation has been launched

in Aberdeen, after a mortuary van belonging to NHS Grampian was taken

to a garage for repairs with a body still inside. A member of staff has

been suspended. A porter picked up a van on what

should have been a routine vehicle tail light repair. But unknown to

him and the mechanics, there was still a dead body in the back of

the van. The garage has made no comment. NHS Grampian have

described this as very embarrassing. A member of staff has been

suspended. They are apologising to everybody involved.

The first thing I want to say is how sorry we are, and how sorry I

am on behalf of NHS Grampian, to the family of the deceased, for the

distress this would obviously have caused. We would also want to

apologise to the staff in the garage for this. And, generally, to

say to the public we are taking this incident extremely seriously.

Richard Carey has commissioned an independent inquiry into what went

wrong and he wants that report as soon as possible. The First

Minister, Alex Salmond, has called on the Better Together campaign to

return half a million pounds that it received from the businessman,

Ian Taylor. He heads the oil trading firm, Veetol. Mr Salmond

questioned whether it was the "right type of donation to accept"

because controversy has surrounded some of Veetol's past business

dealings. Better Together said it was a "valid donation", and would

be retained. Here's our political correspondent, Glenn Campbell.

Wealthy individuals are bankrolling the campaigns for and against

independence. These lottery winners gave Yes Scotland �1 million. So

far, this man has given the most to Better Together. Ian Taylor made a

personal donation of �500,000. The chief Executive of the oil trading

firm Veetol. He has previously given cash to the Conservatives. No

one is questioning his right to make political donations but the

SNP is questioning the wisdom of accepting money from someone who

heads a company which has had controversial business dealings. A

Serbian parametric was reported to have received payment from Veetol.

The company says it did nothing illegal. Saddam Hussein rant Iraq

and Veetol has admitted making payments to the national or a

company which led to Veetol being fined by a New York court. The

First Minister says Better Together must take this into account.

campaign should return the money in the same way as the Labour Party

argued that Conservatives should return their money. The Labour

leader did not want to comment but one of her Members did. Do you have

a problem accepting money from Ian Taylor? This was a valid donation.

Nobody is suggesting he should not invest in Harris tweed. It is a

valuable donation. Ian Taylor's investments in Harris tweed were

raised by the Liberal Democrats. it is good enough for Harris Tweed,

it is good enough for Better Together. The Scottish Conservative

leader chose not to say one way or the other.

Labour has outlined draft plans to transfer more power to Holyrood,

including full control of income tax. But, ahead of their conference

in Inverness, party leaders are stressing that the ideas, in a

party commission report, are still at an early stage. They say nothing

would be done to cut Scotland's public spending budget. Our

political editor Brian Taylor has the details.

Polling tells Labour leaders they need a new offer to counter

independence. A commission has been set up. The report says devolving

air passenger duty and vehicle excise duty. They say they are

minded to shift control of all income tax. We are in the business

of making people in Scotland's lives better. If it is too

expensive or there are concerns, then that wouldn't make sense. This

is driven by a desire to improve the people of Scotland. Some Labour

MPs are known to be sceptical. The commission is cautious. They are

against devolving corporation tax. They say it oil revenues are too

volatile to handover. It would keep welfare in UK hands. It is beyond

comprehension a Labour report looking at more powers for Scotland,

at a time when the Tories in Westminster but dismantling the

welfare state, would recommend power over welfare stays in

Westminster. That is beyond belief. For Scottish Labour, this is part

of a continuing process, not an end product in itself. Some within the

party say, instead of devolving income tax entirely, Labour might

give Holyrood the power to vary the gap. As Scotland prepares for that

referendum next year, the pro-union Scotland this Thursday. A man has

appeared at the High Court in Glasgow, charged with murdering the

42-year-old Thai woman Khanokporn Satjawat in the toilets of the Clyde

Auditorium last November. Clive Carter from Motherwell made no plea

- and the case was continued. The Government has published legislation

to increase pre-school childcare. The Children and Young People Bill

will entitle three and four year olds to 600 hours of free care, up

from 475 hours. Labour and the Liberal Democrats say it's

unambitious and will leave Scotland behind the rest of the UK in

provision for two-year-olds. Scotland's first charity-funded air

ambulance has been unveiled. The helicopter will be based at Perth

and will begin operating next month, alongside the country's two other

publicly-funded air ambulance helicopters. Having one based on

this side of Scotland mean more people will have support. A new

traffic control centre has officially opened in South

Queensferry. It will be used to co-ordinate major travel incidents

and help motorists during severe weather.

A new political party has been launched with the express intention

of rallying voters opposed to wind farms. The Alliance Party of

Scotland was formed by activists, who claim the country's landscapes

are being destroyed and thousands of people forced into fuel poverty,

because of wind power. An osprey thought to be the oldest

breeding bird of her kind in the UK has laid her 65th egg.. "Lady"

returned to a nest at the Loch of the Lowes reserve near Dunkeld three

weeks ago. And there are more stories from your

area - and all the latest news, 24 hours a day on BBC Scotland's

website. They were once a common sight in our

fields and forests, but their work has long been mechanised. Now Prince

Charles is campaigning for the horse to be returned to our woodlands. He

says "horse logging" is a much less damaging way of taking timber from

the forest. Kevin Keane reports. They are high on horsepower and low

on fuel but they definitely need regular care and here on the

Balmoral estate, these horses are used to remove trees for timber,

something the Duke of Rothesay is trying to bring back. There are many

benefits and one is the impact it can have on the ground, sensitive

ground conditions or high-value forests. The past and get in there

when no one else can and leave almost no footprint.

His Royal Highness met with experienced horse loggers near his

home. It is one of his passions that deforestation should be done with

minimal impact. The Duke of Rothesay has invited representatives from

neighbouring estates here to Balmoral to convince them of the

merits of this practice is patron of the British horse loggers. It is

highly skilled work but the environmental impact as low but the

relation between the logger and the horse has to be strong. It takes

many years to become a competent horseman. Apprenticeships are now

being run to tie to revive this dying skill and the long-term hope

is that more horses will replace machines in Scotland's forests.

Here's Jane now with more on a great sportsman. He's an inspiration, he's

a humble guy and he'll go down as the one of the greatest sportsmen in

Britain. Just some of the glowing tributes paid to Chris Hoy today. As

we've been hearing, the six-time Olympic Gold medallist has retired

from cycling and according to his sporting peers he'll be sorely

missed. Not much this man has not won in the

world of track cycling with six Olympic gold medals, 11 world and to

Commonwealth titles. -- two. Whatever he goes on to do he will be

brilliant at. He is just one of these guys that will be successful

at whatever redial -- whatever he does and we wish him the best.

medal tally makes for an impressive reading with seven Olympic medals,

six of which are gold including the at the one games, the Beijing

Olympics. He has won 25 world championships including 11 gold

medals and six bronze medals. Competing for Scotland he has won to

Commonwealth titles and two bronze Watching him race at the Olympics

was very inspiring for me. I think it is a great loss but at the end of

the day, if the driver is a great loss but at the end of the day, if

the drivers not not winning any more. He has the biggest pair of

quads you'll ever see but will go down as of the greatest sportsman in

Scotland has ever had. An absolutely fantastic career for the young man

from Scotland. A lovely young person. He is very modest and very

diplomatic and he's just Chris. Andy Murray will drop back down to

world number three after his third round exit from the Monte Carlo

Masters. Murray was well beaten by Stanislas Wawrinka losing 6-1, 6-2.

And he says he'll now have to head straight to the practice courts.

David McDaid reports from Monaco. Stanislas Wawrinka may be seeded 13

but it was the number two who was cursing his luck. He has played

seven fails on clay to his own zeal and early on he showed why he is the

rise on the slippery red courts. The Scots found himself a double break

down and with Stanislas Wawrinka coping well with Andy Murray's

serve, he claimed the first set with ease. He continued to take the game

to Andy Murray with power and aggression. Today, Andy Murray

errors outweighed Andy Murray wonders. It was a different story

for the Swiss and in under an hour, he had taken the scalp of the world

number two. Sometimes it happens and sometimes you are not quite feeling

the ball. It was disappointing and no one wants to lose matches like

that. Hopefully I can use it as motivation to improve Andy Murray's

first time on clay this year comes to an early end. He will have the

chance to reclaim the number two spot next month but until then, it

is back to the practice courts. Neil Lennon will be banned from the

dug out for the next three games for using offensive language during his

side's match against St Mirren last month. The SFA's compliance officer

advised no additional punishment but a three match suspended sentence

kicks from when Lennon confronted a referee last season. He has five

days to appeal. It's already one of Glasgow's most

famous sights. Here it is behind us as usual - the great Finnieston

Crane. But now a new artwork is celebrating its sound. American

artist Bill Fontana has placed a super-sensitive microphone inside

the crane - and for the next two weeks art lovers in Glasgow and

around the world can listen in. Our arts correspondent Pauline McLean

reports. It has been a fixture on the clay

since the 1960s. A silent giant on the Glasgow skyline until now. This

is the sounds from inside the Finnieston Crane recorded on an

ultrasensitive microphone. It is being beamed live by satellite to

the Gallery of modern Art. It will pick up any sounds. Industrial

structures are important to build Fontana's work. He created this

piece for the anniversary of the golden gate bridge. When Glasgow

approached him for the new work, the Finnieston Crane was the obvious

inspiration. It combines an amazing structure that everyone knows and

loves what an amazing sense of Glasgow's industrial past and also

the sheer size and the drama of the structure. He loves the story behind

the event as well as the sheer amazing sound that is created.

work can be seen and heard in person and online and tell me that. It is a

real percussion magnet because each cured these thousands of raindrops.

It is very interesting. Wind, rather than rain, is what the crane will

have been dealing with today. It's been pretty blowy across the

country. These were the scenes at Portobello on the Rover Forth this

afternoon. In Edinburgh, at Blackford Hill, gusts of almost 60

miles an hour were recorded, while Inverbervie in Aberdeenshire and

Leuchars in Fife had gusts of more than 50 miles an hour. So, Judith,

bet over rent -- wind and rain on the way. This weather fronts will

eventually pull away and then we have an ADR of high-pressure moving

in nicely. The ceiling will be fairly breezy with outbreaks of rain

which will continue to move southwards and we should see most of

the country that I went clear spells developing and the winds will

eventually eased down by the end of the night. A touch of Frost and some

sheltered spot sort of Frost and some sheltered spots will tomorrow

starts off dry and called with spells of sunshine and it will not

take long until it starts to heat up a little. For southern Scotland, it

will stay dry with some clothes and temperatures towards the south-east

around 12 Celsius but the further north we called it will be.

Potentially the odd late show towards the Outer Hebrides. On the

north coast we could see the odd late shower and still some mist

coming through. Any quote that has built up will disburse with some

fine sunshine to end the day. Overnight, clouds thickening up and

the odd spot of rain. Saturday does start off largely dry and breaks

with some good spells of sunshine through the course of the day. It

will mostly be at the Friday but the wind and rain across north-western

areas will move in on Saturday night leaving it cloudy and wet and

eventually cleaving to the east are main news in brief. At least 15

people have been killed and almost 200 injured in a Texas town after a

massive explosion at a fertiliser plant. It flattened buildings in the

town of West and survivors have said the blast was like a tornado.

President Obama has attended a memorial service for the victims of

Monday's Boston marathon bombing. His visit comes as investigators try

to identify a possible suspect seen on CCTV footage. Kimberley Hainey,

who was convicted of murdering her toddler son, Declan, and hiding his

body, has been freed from jail, after all convictions against her