A SENIOR judge has ordered the former wife of a gangster to leave his home following a proceeds of crime case at Scotland’s highest civil court
Lady Wise has ruled that Margaret Duncan, 68, needs to leave the property in Blantyre, Lanarkshire, that she once lived at with James Duncan.
James Duncan, who made a fortune from cultivating cannabis, was given a life sentence for his role in the execution of Lanarkshire-based businessman Victor Yuill, 47, in January 2007.
He was also ordered to hand over £159,248.66 to prosecutors who used proceeds of crime legislation to seize the gains.
However, Duncan still owes the state £107,480.08 and the accountant tasked with recovering the sum wanted to sell the property where Mrs Duncan lives with her 16-year-old grand-daughter.
The accountant - Bill Cleghorn - instructed lawyers to go to the Court of Session to obtain a court order which would allow him to sell the property which was bought in 2004 and has an estimated £115,000 market value.
Mrs Duncan opposed the move. Lawyers representing the grandmother argued that she should be allowed to remain in the property because she suffers from epilepsy and is “severely disabled”.
They also argued that she should be allowed to stay because she cares for her granddaughter.
But in a judgement, Lady Wise ruled against Mrs Duncan, saying that her health condition was being kept stable by medication.
The judge also ruled that she could obtain a council house or rent from the private sector.
Duncan ordered hitman John Graham, who is now aged 31, to shoot Mr Yuill in the face with a sawn off shotgun at the entrepreneur’s salvage yard.
The court heard that the attack happened at Mr Yuill’s yard on January 28.
He was shot in the face as he begged for his life, leaving him almost unrecognisable.
The trial heard that the hit was ordered by Duncan and that another man called Russell Dewar had supplied the weapon.
Duncan, who is now aged 70, and Dewar, now aged 44, were found guilty of murder alongside Graham at the High Court in Edinburgh.
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