The appeal failed when the three judges reached a split decision on whether the fresh evidence relating to Love's testimony (and relating to a potentially exculpatory statement made to the police by Love's sister, which had not been disclosed to the defence at the trial) would have significantly affected the outcome of the original trial and thus should be heard. Lord Cullen and Lord Sutherland both opined that it would have not, with Lord McCluskey dissenting. Campbell and Steele were returned to prison.