No retrial was ordered because it was ruled that there was enough evidence without the dogs... That's what the apoeal court said
Well one of us is reading the court papers wrong as in the paragraph attached the court reinforces the dogs as evidence against David Gilroy, unless I am reading it wrong please clarify.
[63] The court has had little hesitation in determining that, even if the statements had been ruled inadmissible, there is no real possibility that the jury would have reached a different verdict (Cadder v HM Advocate 2011 SC (UKSC) 13, Lord Hope at para [64] applying McInnes v HM Advocate 2010 SC (UKSC) 28). In that regard, it is on the case which was presented at the trial that the court must concentrate (Fraser v HM Advocate 2011 SC (UKSC) 113, Lord Hope at para [38]). If the statements, and in particular the first statement, had not been adduced in evidence, the appellant would effectively have had no defence at all to the Crown case other than to rely on the presumption of innocence. The case against him would have been overwhelming. There would have been evidence of: (a) the turbulent nature of his relationship with the deceased, involving intense jealousy in the context of expressed views from the deceased that their relationship was at an end; (b) the proximity of the arrivals of the deceased and the appellant at 11 Thistle Street on the morning of the disappearance; (c) the undoubtedly sinister cessation of text messages between the appellant and the deceased at about the time of her disappearance; (d) the appellant's strange demeanour on the morning of the disappearance and his sudden departure to collect his car on the pretext of having lost the minutes; (d)
the cadaver dog's reaction to his car; (e) most significant, the state of the appellant's car upon his return from an unexpectedly long and sudden trip to Lochgilphead; and (f) the injuries on his hands, which he tried to conceal and which were characteristic of a reaction of someone being strangled.