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Is this justice?

 
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PostPosted: Mon May 19, 2008 2:02 pm    Post subject: Is this justice?  Reply with quote

IS THIS JUSTICE?

This officer served in a Scottish force for over 25 years and was the recipient of the Good Conduct and Long Service Medal after 23 years Police Service.

This is his story.

In 2003 while off-duty I was assaulted by a male in possession of a knife in a public street and sustained cuts to my head and abdomen. There is CCTV of the assault. Whilst being restrained on the ground by a doorman the Police arrived. I swore in the presence of the arresting Officer who refused to believe I was the victim. Whilst being processed at the Police Office Charge Counter the arresting Officers observed the laceration to the back of my head but failed to report this to the Station/Custody Sergeant. I repeatedly complained about the knife assault and was placed in a detention room and ordered not to speak. About one hour later a Police Inspector entered the room and a heated argument ensued when he refused to believe my claims of assault. I was locked up in a cell for several hours and despite my injuries not offered medical attention. I was charged with 'engaging in a fight ' and ‘swearing at the arresting Officer’! Following a lengthy trial at ……. Sheriff Court I was found ‘not guilty’ of fighting, but ‘guilty’ of swearing at the arresting Officer. My co-accused admitted a Breach of the Peace and was fined £300. I was fined £300.

My Solicitor immediately lodged an Appeal to the High Court against both conviction and sentence. A key witness in my trial provided a statement to the Police. He fully implicated my attacker stating that he had gone out ‘tooled up’ that night. He gave a very clear and concise account and categorically stated that he saw him “cut …. with the knife on the back of his neck.” I have a copy of this signed statement via the Crown Office. No Police action was taken.

As a result of my complaints against the Police in relation to their lack of action and oppressive behaviour towards me I was suspended from duty. I found guilty of Conduct likely to bring discredit on the Police Force’ and’ required to resign’ as an alternative to dismissal. The Chief Constable dismissed my appeal.

In 2008 I attended The High Court of Justiciary in Edinburgh where my Appeal for a stated case was upheld and my conviction was QUASHED. Therefore due to the highly dubious conduct of many Officers throughout the rank structure of ……….. Police I have had no arbitration whatsoever and lost my livelihood and reputation.
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Tue May 20, 2008 12:03 am    Post subject: Reply with quote

Having had your conviction Quashed you have every right to sue the police force the same as Shirley McKie.

You must seek some good Legal Advice.

At the very least you are entitled to claim for loss of Career, Pension and Wages, Not to mention the blackening of your good name.

It would appear they have not learned any lessons from Shirley's case and continue to persecute innocent police.

If they will do this to their own then they will do it to everyone.

I hope you can tell some secrets on this lot, Maybe even of some other miscarriages they created while you were a serving policeman, that would certainly sort them out eh ?

I had hoped with the new Government We would have a justice Secretary keen to clear up all these miscarriages but it seems i was wrong, He is content to continue in the shoes of Cathy "No justice" Jamieson.
Maybe it is time he resigned and let someone like Alex Neil take over his job, someone who seems more able to comprehend the scale of Injustice in Scotland
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PeterCherbi



Joined: 23 May 2007
Posts: 167


Location: Edinburgh

PostPosted: Tue May 20, 2008 4:38 pm    Post subject: Reply with quote

Big Wullie wrote:


I had hoped with the new Government We would have a justice Secretary keen to clear up all these miscarriages but it seems i was wrong, He is content to continue in the shoes of Cathy "No justice" Jamieson.
Maybe it is time he resigned and let someone like Alex Neil take over his job, someone who seems more able to comprehend the scale of Injustice in Scotland


Actually that might not be a bad idea Wullie ... if you look at http://www.youtube.com/watch?v=GKeEbJHOjLA  and http://www.youtube.com/watch?v=Cm73eWrwIMo
I am beginning to wonder if Mr MacAskill has the impartiality to clean up Scotland's justice system.

Perhaps instead of having an 'insider' in the Justice portfolio, it IS time for someone outside the realms of the legal community to take on the task, and I can think of no better person than Alex Neil to do that, given his persistence on issues of injustice where the Justice Secretary himself consistently fails to address or amend.

It is high time the SNP got down to tackling the sheer scale of injustice and the complete disrespect of the law in Scotland which the level of injustice has brought - a task which must be undertaken by someone outwith the very legal circles which has helped cause the problems we all face in dealings with the law these days ...

In response to the first comment, I think the person concerned certainly should be seeking legal advice, but as that advice comes from the very system which he is challenging, one many not expect any great leaps of honesty or will to put right what has gone wrong ...

At the least there should be a Judicial Review of the Chief Constable's decisions in the case and then probably legal action taken.
_________________
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: 5125


Location: Glasgow

PostPosted: Wed May 21, 2008 1:00 am    Post subject: Reply with quote

Hi Peter

Yes Judging by the following question asked by Alex Neil March 25th 2008 he certainly seems to have a better grasp of Injustice issues.
Despite the following, people are still having to ask our courts to order Crown to hand over documents.

Holland & Sinclair outdates McLeod yet in most High Court Appeals now they are still using Mcleod as the test case.

The videos of Elish posted on this forum claiming everyone will get a summary of the crowns case with their charge sheets, is not what is happening in our Courts.

Clearly all evidence in the hands of Crown is "Material Evidence" and as such should be revealed as a matter of course, "Not happening" Elish wants to retain the final say on what is exculpatory.

The word Exculpatory need to be replaced with the word "ALL" To afford equality of arms Crown must not be left to decide what to release.

This could lead for example to Crown saying: We do not intend to call this witness so do not have to reveal their evidence, Evidence which could turn out (as in most miscarriages) to be damning of the case put forward by Crown at trial.

Do we therefore need Legislation on exactly what "Crown Must Reveal" It would ceratinly seem that way is the only way forward


Alex Neil Disclosure

Justice
S3W-11311 - Alex Neil (Central Scotland) (SNP) (Date Lodged Tuesday, March 25, 2008): To ask the Scottish Executive in how many cases since 1945 the defence has not been given access to a piece of evidence or document which has been revealed to the prosecution; whether there are any precedents where a document has been disclosed to the Scottish Criminal Cases Review Commission but not to the defence in a subsequent appeal hearing; whether the legal opinion of the Crown Office is that the withholding of documents in any such cases would violate the principle of the separation of powers between Executive and Judiciary, and, if so, what it considers the impact would be of withholding of documents on the independence of the Scottish Judiciary, Scots Law and the Crown Office itself.

Answered by Right Hon Elish Angiolini QC (Friday, May 02, 2008): It would be inappropriate to refer to any particular case which is before the courts.

However, the duty on the Crown Office and Procurator Fiscal Service (COPFS) to disclose evidence to the defence is set out in The Crown''s Principles of Disclosure, available on the COPFS website as part of the COPFS Disclosure Manual, as follows:

1. The Crown is obliged to disclose all material evidence for or against the accused. This relates to statements, but it also relates to all information of which the Crown is aware.

2. Material means evidence which is likely to be of real importance to any undermining of the Crown case, or to any casting reasonable doubt on it, and of positive assistance to the accused.

This does not mean that the Crown should disclose all information in its possession but that the Crown requires to consider all information for disclosure, and disclose any information which meets the test set out above, subject to any consideration of public interest immunity (PII).
COPFS does not hold information about the number of cases where documents in the possession of the prosecution have not been disclosed to the defence.

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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.