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kevin donald · Joined: 29 Oct 2007 Posts: 198

There is a high number of cases in Scotland where the crown want retrials.

Brian McConnachie, has asked for 2 already this year with Fergusson being the latest.

Below is one they are thinking about.

JB, was a prisoner in Dumfries and a college lecturer before conviction.

http://www.scotcourts.gov.uk/opinions/2009HCJAC13.html

JB Still maintains his innocence and wants a retrial, he has been remanded in Barlinnie while they decide if there will be one.

Angeline · Joined: 02 Oct 2008 Posts: 148

Can anyone help me out here (gap in understanding!!) I thought that re-trials in Scotland were much harder to justify/permit because we have the Not Proven verdict.

I'm not saying I agree with that, just that it was my understanding of the difference between Scots Law and, say English or American Law?

I'll be perfectly honest, I did read something about this, but I can't remember where or what!

Any enlightenment would be gratefully appreciated. Very Happy

_________________
As long as one heart still holds on, then hope will never really be gone

kevin donald · Joined: 29 Oct 2007 Posts: 198

I thought that as well but in the last few years the crown have been pushed more in the appeal courts regarding misdirection.

Below is another one that looks like going to retrial.

http://www.scotcourts.gov.uk/opinions/2009HCJAC9.html

http://www.newsoftheworld.co.uk/s...dges-blunder-may-free-killer.html

Fat too many cases nowadays rely on circumstantial evidence for conviction hence the rise in appeals in Scotland.

Judges are now having to do the prosecutions work for them in trials.

Scotland needs to fall in line regarding not proven when new evidence comes into play.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Angeline

Like the other case the other day if people like "our friend" had their say they would all be re-tried for Murder.

I think this is what will happen here in the above case.

If found Innocent in Scotland you cannot be "Re-Tried" no "Double Jeopardy" unlike England but I believe this will also be another issue that new Legislation will address this year.

Though Double Jeopardy doesn't exist Crown can ask for permission to bring another presecution, They need only ask and it will be granted as far as I know.

To my knowledge this has never been refused and he has a great Advocte defending him so wait and see

kevin donald · Joined: 29 Oct 2007 Posts: 198

Paul Dewar, appeal.

Conviction quashed.

http://www.scotcourts.gov.uk/opinions/2009HCJAC40.html

kevin donald · Joined: 29 Oct 2007 Posts: 198

Herity, McCrory.

Conviction quashed.

http://www.scotcourts.gov.uk/opinions/2009HCJAC46.html

kevin donald · Joined: 29 Oct 2007 Posts: 198

Maguire, conviction quashed.

http://www.scotcourts.gov.uk/opinions/2009HCJAC48.html

[8] It only remains for us to record our surprise that this critical point was only raised on the morning of the appeal, and by the Crown, some 8 years after the original conviction. It was not raised in the original appeal, nor is it referred to in the present reference or in the original grounds of appeal before us, despite lengthy consideration and preparation over a period of years.

[9] In the circumstances, we have not heard any submissions in support of the original grounds of appeal. In quashing this conviction therefore we wish to make it particularly clear that we regard Maguire v HM Advocate as still representing the law of Scotland in this area and that without the intervention of the Crown in this responsible manner, there remains the distinct possibility that this conviction would have stood.

"This must be a first for the crown.

But they must be congratulated for it."