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Judicial Enquiry Underway
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Iain McKie



Joined: 08 May 2007
Posts: 263


Location: Ayr, Scotland.

PostPosted: Fri Sep 19, 2008 5:48 pm    Post subject: Judicial Enquiry Underway Reply with quote

The time we have all been waiting for has arrived. The enquiry website has been launched and after more than a decade we reach the point where it is time to put up or shut up. I welcome its arrival and pledge myself to helping its work in every way I can.

http://www.thefingerprintinquiryscotland.org.uk/inquiry/21.html


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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sat Sep 20, 2008 1:09 am    Post subject: Poor Fiona Reply with quote

Poor Fiona McBride

Sadly I have no sympathy for Fiona McBride who after all is guilty of bringing the whole fingerprint world into disrepute single handedly by denying any wrongdoing in the Shirley McKie and David Asbury cases

The woman signed other workers Initials and wonders why she is unemployable.

Mr Mulhearn who took over the new system is quite right in stating that she was not wanting to move on, so she had to be sacked.

http://thescotsman.scotsman.com/l...39t-keep-job39.4511718.jp#3254504

If there is anything I can do Iain you need only ask, I fully support the need for such Enquiry
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sat Sep 20, 2008 2:18 am    Post subject: Reply with quote

Not happy with the choice of QC in Mr Gerry Moynihan QC


He is instructed on behalf of public bodies including the Scottish Criminal Cases Review Commission, for whom he acted in recovering records from the Lord Advocate in relation to the case of Campbell and Steel, and in resisting the first challenge by judicial review to a decision not to refer a conviction to the High Court of Justiciary.

He is the person responsible for failed Judicial Reviews against SCCRC, such as Mohamed Raza and the Edinburgh Three

He was successful in saying SCCRC have more powers than our High Courts.

He suggested they are not bound by Prima Facie Rules the same as our Courts, for instance he argued SCCRC do not need to refer a case where prima facia Grounds are present, when our courts are duty bound to accept Prima Facie cases for appeal.

See the cases he has defended here:

Raza

http://www.scotcourts.gov.uk/opinions/2007csoh152.html

The Edinburgh Three:

http://www.scotcourts.gov.uk/opinions/2006CSOH112.html
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PeterCherbi



Joined: 23 May 2007
Posts: 167


Location: Edinburgh

PostPosted: Sat Sep 20, 2008 11:24 am    Post subject: Reply with quote

Good luck Iain, I hope the long promised inquiry gives the answers that everyone  needs in this case. I wish you all the best.
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My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi

Injustice Scotland Campaign website : Injustice Scotland
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sat Sep 20, 2008 1:10 pm    Post subject: Reply with quote

My Opinion of Mr Moynihan is:

He is too much of an establishment QC.

He has done far too much work on behalf of Crown to claim Independence.

The latest shows:

http://www.scotcourts.gov.uk/opinions/2007CSOH73__.html

Far too much of an establishment QC for me.
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PeterCherbi



Joined: 23 May 2007
Posts: 167


Location: Edinburgh

PostPosted: Sat Sep 20, 2008 1:40 pm    Post subject: Reply with quote

Big Wullie wrote:
My Opinion of Mr Moynihan is:

He is too much of an establishment QC.

He has done far too much work on behalf of Crown to claim Independence.

The latest shows:

http://www.scotcourts.gov.uk/opinions/2007CSOH73__.html

Far too much of an establishment QC for me.


That is of course, why he was chosen in the first place.

I think, given the way the judiciary are moving on most cases these days, if we want an independent judge, we might have to look to Europe.
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My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi

Injustice Scotland Campaign website : Injustice Scotland
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Iain McKie



Joined: 08 May 2007
Posts: 263


Location: Ayr, Scotland.

PostPosted: Sat Sep 20, 2008 6:55 pm    Post subject: Reply with quote

Hi Peter - good to have you aboard again.

I do not trust government sponsored enquiries and would cite Lord Hutton’s ‘David Kelly’ report and the ‘Justice 1’ hearings, among others, to support me.

This said I believe that Sir Anthony Campbell and his team have to trusted to act in good faith and objectively analyse  the information presented to them before coming to their conclusions.

Information on QC Gerry Moynihan can be found at:

http://www.axiomadvocates.com/members.php?article_id=64

He has a civil rights track record and both he and Sir Anthony have worked together  following the death of Surjit Singh Chhokar.'

Quote:
‘Sir Anthony Campbell, Justice of the Supreme Court of Northern Ireland has been asked to conduct the judicial inquiry assisted by Gerry J B Moynihan QC. Sir Anthony will conduct the inquiry in private and the Lord Advocate will publish his findings.’

http://www.scotland.gov.uk/News/R...e466e-3c47-4f8a-868b-deece5c2bddd

The  Chhokar enquiry report contained severe criticism of the system but ironically the report went to one Colin Boyd and perhaps we should not have expected much to happen.

http://www.independent.co.uk/news...led-victims-community-632584.html

While I still believe that the Crown Office will do everything it can to avoid the truth coming out I am happy to allow the enquiry to do its job and report. I will give it every support I can and will make available the many thousands of documents I have collected over the years.

Should the enquiry fail the Scottish people then unfortunately final proof will have been delivered that the Scottish Justice system, already under enormous pressure from Lockerbie, is no longer fit for purpose and that our  new Scottish Government instead of breaking from the past has chosen to deliver more of the same under a tartan banner.

I will move on head held high  -  sad but satisfied that Shirley, myself and our many supporters did all they could to ensure that our leaders learned the lessons of a traumatic 12 years.
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PeterCherbi



Joined: 23 May 2007
Posts: 167


Location: Edinburgh

PostPosted: Sat Sep 20, 2008 8:06 pm    Post subject: Reply with quote

Hi Iain

Yes, you are entirely correct. Well, at least you have done something and taken a stand against injustice, and fought for something which those in high places, along with many or most politicians wouldn't do but should do.

I and I think everyone applaud you for that.

The effort must be made on everyone's part who can manage it, to end injustice in our own country, and to help those who suffer from it.

Those who have the power to end injustice, but who instead, use it to perpetuate injustice, profit from it, and prey on the weak or voiceless while feigning their part as representing the law, do not serve the best interests of the community and therefore should have no place in public life.
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allan mcleod



Joined: 10 Jun 2007
Posts: 157



PostPosted: Sun Sep 21, 2008 8:34 am    Post subject: Reply with quote

Hi Iain,
Kevins parents and I really do hope and pray that you achieve your goal in getting the answers that everyone involved in this utter shambles of a case deserves.

We Kevins familys like you continue to in our quest to expose the truth regarding the circumstances surrounding Kevins death, and to expose the Corruption, Conspiracy, and Cover-ups that has exsisted from the very outset by those in authority of whom we should (dare I say it) trust and respect. - The battle continues !!  Watch this space !!

Lets hope all those called as witness's to the enquiry will swear under oath to tell the truth ,the whole truth, and nothing but the truth.

We wish you the very best.
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Iain McKie



Joined: 08 May 2007
Posts: 263


Location: Ayr, Scotland.

PostPosted: Sun Sep 21, 2008 9:36 am    Post subject: Reply with quote

Peter, Allan and Big Wullie,

Thanks for the good wishes and your vital contributions to the debate. Everyone helping to sustain this and other such forums is playing an important part in ensuring that justice is kept on the political agenda.

This enquiry brings with it the chance, perhaps for the first time, of opening up our justice system to some real analysis. Aside from the ongoing Lockerbie debate this enquiry provides the opportunity of revealing the shortcomings of a system arguably no longer fit for purpose. That is why we all need to contribute positively to the debate from now until the enquiry has reported and the government has outlined its response.

I approach the hearings in a positive frame of mind determined to do all that I can to ensure the truth is revealed and that those who have hidden or have been hidden are now forced out into the light and made to account for their actions or failures to act.

The reality is, as I suggested in my last posting, that while everyone who appears before the enquiry is being judged on the evidence they give, more than anything else it is the enquiry itself and the legal and political system that gave it birth that is on trial.

The fate of enquiry after enquiry has been for their reports to lay gathering dust in drawers in the Crown Office and other government offices. Make no mistake about it the old well tried and trusted political formula of waiting until the pressure gets too much, instituting an enquiry, invoking the subjudice rule, promising to abide by the report's findings and after minimal action shelving them is very much alive and well.

Our only hope lays in a new Scottish Government that claims to have eschewed such a cynical approach. I for one am willing to give them the chance to prove that the change they espouse is real change and not, as I suggested yesterday, more of the same thing under a tartan banner.

Best wishes,

Iain

http://www.thefingerprintinquiryscotland.org.uk/inquiry/21.html


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