Daily News Articles

scotkaz · Daily News Articles

I thought perhaps we could have somewhere to post News Articles from during the week instead of starting new threads with every article.

Of course if an article is worthy of a thread of its own I would think it should have its own thread.

scotkaz

http://www.heraldscotland.com/new...rowing-prison-population-1.919175

‘One in, one out’ plan to cut Scotland’s growing prison population

Lucy Adams

Published on 11 Sep 2009

Scotland’s prisons should consider a controversial “one in, one out” model to deal with overcrowding, the chief executive of the service said.

Mike Ewart, head of the Scottish Prison Service, said the country should look at the safety valve system of other European countries and revealed that the country is the “best” in Europe for locking up its own people.

Speaking exclusively to The Herald ahead of a major speech in Edinburgh today, Mr Ewart suggested that the global recession could also encourage people to make the right choice in

locking up less offenders.

“We are unique in Europe in having no safety valve in the prison system and prisons are committed to taking everyone sent to them by the courts,” he said. “Other European jurisdictions like Norway have no overcrowding because they have a waiting list.

“Most European jurisdictions, including Ireland, have a one in, one out system referred to as administrative release. It means releasing those in custody to be able to take new admissions.

“It would be extremely contentious to have a safety valve in Scotland but something we may have to consider. When we reached the point about a year ago of being dangerously overcrowded, then by our assessment we would have had to have considered it.

“If we had lost any accommodation through fire or any other incident, this is what we would have had to have done. When the mains water supply to Barlinnie failed, I spent sleepless nights wondering how I would decamp 1500 people.

“We would have had to have made some very rapid assessments and moved some into other establishments and moved those posing the least risk into the community on temporary release.”

Mr Ewart’s comments follow on from last year’s Prison Commission report called Scotland’s Choice. The report by former First Minister Henry McLeish presented two paths: continue as we are with ever-increasing prisoner numbers, or take positive steps to make the country safer by ending our reliance on prison as the answer to all problems.

Since then the Scottish Government has published a draft bill with a presumption against custodial sentences of six months or less and called for a greater emphasis on community sentences with an element of “payback”.

The commission pointed out that Scotland jails more and more people who are “troubled and troubling rather than dangerous”.

“The average daily population is 8000 to 8500, which is greater than almost all European countries, certainly central and Western jurisdictions,” said Mr Ewart.

“In comparison to most of our neighbours – not just in Scandinavia but Ireland and France, we have significantly more national prisoners.

“Most European jurisdictions have 20% to 50% from the non-national population, in England and Wales it is about 20% but in Scotland it is just 2.8%. It is for us to claim the rather undistinguished prize of being the champion European country for locking up its own people.”

With prison costing approximately £39,000 per year for an inmate compared to approximately £1500 for a community sentence, Mr Ewart suggested that the current global recession could help change public opinion.

“Reoffending can be made worse by imprisonment and in my opinion Scotland would be safer with less people in prison and this would also be a less expensive option,” said Mr Ewart, who will speak at the 15th Conference of

Directors of Prison Administration. “Increasingly jurisdictions are going to be facing questions about the cost of prisons, against a background of reducing public expenditure. This could persuade people to make the rights choices.

“Any other service would rationalise by price or availability or use waiting lists like the NHS. For some reason if you are a bad guy you don’t have to wait.”

Scotland’s prisons should consider a controversial “one in, one out” model

allan mcleod

Scotkaz - Great idea !!

Just a thought - how about a having a new thread on the forum entitled - i.e HELP - ADVICE - SUGGESTIONS, where anyone fighting for justice can ask for some advice on say some complex matters in the hope that someone viewing the forum may be able to help, suggest or advise them in some way.

We are all fighting for truth and justice, therfore, I say - all for one and one for all.

scotkaz · HELP - ADVICE - SUGGESTIONS

posted in wrong part.

Going to add what you suggested Allan

scotkaz

http://news.scotsman.com/scotland...land-jails-more-of-its.5638583.jp

Scotland jails more of its citizens than any other European state

Published Date: 11 September 2009
By David Leask
SCOTLAND now jails more of its own citizens than any other nation in western Europe, despite crime rates falling to a 25-year low, new figures have revealed.
Scotland's official incarceration rate has even leapfrogged Turkey, traditionally seen as having one of the harshest penal regimes on the continent.

One expert yesterday said Scotland's soaring prison population had become an "international embarrassment".

Scotland officially had 8,124 people in its overcrowded prisons as of July of this year, driving its incarceration rate – the number of people in jail per 100,000 of the total population – to 157, according to the "World Prison Brief" from King's College, London.

That figure falls behind only Spain and Jersey, the tiny jurisdiction in the Channel Islands.

However, more than a third of prisoners in Spain and more than a quarter of those in Jersey are foreign nationals. In Scotland, just 2.8 per cent of those locked up are from abroad.

England and Wales have an official incarceration rate of 153, just behind Scotland. But 13.6 per cent of prisoners south of the Border are foreign.

One Scottish prison insider said: "We lock up more of our own people than anyone else in western Europe. We are basically completely out of kilter with our neighbours and the countries against which we benchmark ourselves.

"The politicians have to realise that the kind of levels of prison population we have are just not normal."

Robert Brown, the Liberal Democrat MSP, and a former prosecutor, said: "These figures are a dramatic representation of the failures of Scotland's prison policies over the years.

"While some countries are getting to grips with these issues, we seem stuck in a 'we must get tough' criminal justice agenda which just hasn't been working."

The Scottish Government – backed by a major commission led by former Labour first minister Henry McLeish – has called for radical reforms to cut prison numbers. Mike Nellis, a professor at Strathclyde University, said: "Scotland can take no pride in coming out at the top of the league table of countries who jail indigenous citizens.

"In fact, it is an international embarrassment. Sending more people to jail, in what is a coming age of austerity, is like sending more good money after bad."

A spokesman for the justice secretary Kenny MacAskill said: "These figures confirm what we already know. While crime has fallen in Scotland, we continue to lock up more offenders than ever before. Yet there is no evidence that the Scottish people are inherently bad."

Reoffending rates, the spokesman added, are higher for people who have served jail sentences than for those who are given an alternative to custody.

Bill Aitken, the Conservative justice spokesman, said: "Prison is acting as a deterrent in some of these other European countries. Clearly, in Scotland it does not."

scotkaz

http://news.stv.tv/scotland/north...ld-see-highland-murderer-cleared/

New DNA evidence could see Highland murderer cleared

James Casey (pictured) was convicted at the High Court in Inverness of robbing and murdering 37-year-old Ian MacBeth at Invergordon in 2001.

A man convicted of a brutal murder 18 years ago in a case which shocked the Highlands could be cleared.

James Casey, 44, was convicted at the High Court in Inverness of robbing and murdering 37-year-old Ian MacBeth at Invergordon in 2001.

The 37-year-old was struck at least eight times on the head by a hammer during the horrific attack.

Casey, then 26, was sent to prison for 20 years but had his sentence reduced to 11 on appeal.

Co-accused George McNairn, then 23, was cleared on the murder charge but found guilty of robbery and sentenced to 18 months.

Now the Scottish Criminal Cases Review Commission has referred the case to the High Court after examining new DNA evidence suggesting there may have been a miscarriage of justice.

They said the main evidence against Casey was forensic evidence of bloodstained clothing, including two pairs of gloves, and other items bundled together in a black bin liner.

The High Court in Inverness was told that these had Casey's fingerprints and were disposed of by him following the murder.

A spokesman for the commission, which examines alleged miscarriages of justice, said: "The commission instructed DNA analysis of the two pairs of gloves found within the black bin liner.

"The DNA findings constitute fresh evidence of such significance that the verdict of the jury, reached in ignorance of its existence, may have led to a miscarriage of justice."

Casey was released in October 2002, but four weeks later he robbed a post office in West Lothian, making off with £1,400.

He was identified by his victim and sent back to jail for a minimum of 14 years after a trial at Edinburgh High Court in 2003.

Last updated: 11 September 2009, 13:47

scotkaz

New evidence in 1991 murder case
Commission in court move as fresh forensic findings point to a possible miscarriage of justice

By Jane Candlish

Published: 11/09/2009

More Pictures

A murder case which horrified the Highlands has been sent back to the High Court after new DNA evidence suggests there might have been a miscarriage of justice.

James Casey, now 44, was jailed after being found guilty at the High Court in Inverness of robbing and murdering Ian MacBeth at Invergordon in Easter Ross in 1991.

Mr MacBeth, 37, the manager of Invergordon Social and Recreational Club, was said to have been struck at least eight times on the head by a hammer during the attack.

Casey, then 26, was sentenced to 20 years in prison, reduced to 11 on appeal.

Co-accused George McNairn, then 23, was cleared on the murder charge but found guilty of robbery and sentenced to 18 months.

Now the Scottish Criminal Cases Review Commission has referred Casey’s case to the High Court.

They said the main evidence against Casey was forensic evidence of bloodstained clothing, including two pairs of gloves, and other items bundled together in a black bin liner bearing Casey’s fingerprints and disposed of by him following the murder.

A spokesman for the commission, which examines alleged miscarriages of justice, said: “The commission instructed DNA analysis of the two pairs of gloves found within the black bin liner. The DNA findings constitute fresh evidence of such significance that the verdict of the jury, reached in ignorance of its existence, may have led to a miscarriage of justice.”

The commission examines cases after convicted people have failed in all other avenues of appeal and apply to them for a review. After examining the application, they assess the background of the case, and in particular the reasons the person puts forward for claiming innocence.

Casey was released in October 2002, but four weeks later he robbed a post office in West Lothian. Casey escaped with £1,400 but was identified by his victim and sent back to jail. He was sentenced to serve a minimum of 14 years after a trial at Edinburgh High Court in 2003.

Source: http://www.pressandjournal.co.uk/Article.aspx/1391506?UserKey=

scotkaz

http://www.dailyrecord.co.uk/news...o-scotland-to-die-86908-21671932/

Moors murderer Ian Brady: I want to return to Scotland to die

Sep 14 2009 By Mark Smith

MOORS murderer Ian Brady wants a move to a Scottish jail - after being inspired by the release of the Lockerbie bomber.

Lawyers are set to launch a bid for evil Brady, who was born in Glasgow, to be transferred to a Scottish secure hospital.

And they hope that Scotland's justice system will allow him the right to die, as he is currently being kept alive by force-feeding following a hunger strike.

But opposition MSPs last night reacted with fury at the prospect.

Brady's lawyer Giovani di Stefano confirmed that the "compassionate release" of Lockerbie bomber. Megrahi by SNP justice secretary Kenny MacAskill had inspired the request.

He said that, after Megrahi's release: "Scotland could hardly deny Brady a return."

Di Stefano added: "There is no reason Brady should not return to his own country just like Mr Al Megrahi did.

"The attitude regarding mental health in Scotland is perhaps somewhat diverse to the UK, and I have told Brady that he may well achieve his goal by being transferred there.

"However, this would not be the political hot potato that the Megrahi decision caused."

Tory justice spokesman Bill Aitken last night reacted with horror at the prospect of Brady, 71, coming here.

He said: "Having seen what happened with Megrahi, obviously Brady thinks that he will betreated similarly softly.

"The word has obviously got round that in Scotland jail is a 'skoosh'. This is why he is seeking to come here."

Calling on any transfer request to be rejected, Aitken added: "Brady's connection with Scotland is now so old that there is no justification for it."

Brady is currently held in Liverpool's Ashworth Hospital. The vile child killer is being force fed after being on a series of hunger strikes over 10 years.

With his notorious lover Myra Hindley, Scot Brady tortured and murdered five youngsters in the early 60s.

Brady was sentenced in 1966 to life in prison. Hindley died in 2002 aged 60, while Brady remains imprisoned in a hospital psychiatric wing.

He began a hunger strike in 1999 and went to the High Court in London in 2000 to try and stop medics forcefeeding him. Lawyer di Stefano now aims to have Brady moved under the Repatriation of Prisoners Act 1984.

He revealed: "All Brady wants is to be moved to a prison and be allowed to die. He is responsible for killing at least five people - maybe more. All he wants is for his case to be heard fairly and we believe that will happen in Scotland.

"Having been born and raised in Scotland, the country cannot refuse moves to have him transferred there.

"We would look to have Brady moved to Carstairs Hospital or a similar unit.

"We are then confident he would be declared fit enough to be moved to a mainstream prison. Once there, he could then take the decision whether he wanted to eat or not."

Di Stefano, branded the Devil's Advocate for representing clients such as Saddam Hussein, went on: "Brady is evil, without a doubt.

"He doesn't want out - he simply wants to be left to die. We believe Scotland offers the best opportunity for him."

The move comes just weeks after Brady rejected a plea from the mother of victim Keith Bennett, 12, to reveal where he buried her son.

Brady vowed to never again speak about the killings, declaring: "This is my last word on the matter."

scotkaz

http://www.heraldscotland.com/new...cking-to-megrahi-release-1.919658

Desmond Tutu gives backing to Megrahi release

Published on 13 Sep 2009

Archbishop Desmond Tutu has backed Justice Secretary Kenny MacAskill’s decision to allow the man convicted of the Lockerbie bombing to return to Libya on compassionate grounds.

The South African cleric said that Mr MacAskill’s decision to free Abdelbaset Ali Mohmed al Megrahi, who has terminal prostate cancer, should be "commended".

The move sparked controversy, as some families of the 270 victims of the bombing criticised the decision and President Barack Obama told Gordon Brown of his "disappointment" that Megrahi had been released.

But in a message sent to the Scottish Government, Archbishop Tutu welcomed Megrahi’s release from Greenock Prison. "I believe the Scottish Justice Secretary’s decision to release Mr Megrahi on compassionate grounds is to be commended," said the former Nobel Peace Prize winner.

"One understands the anguish of family members and friends of the victims but they honour their memory more by being compassionate than retributive."

The 77-year-old added: "The outcry has been caused not so much by the release as by the welcome he got in Libya. These two issues should be separated."

His message was sent as the health of Megrahi, the only man to be convicted over the bombing of Pan Am flight 103 over Lockerbie in 1988, is reported to have deteriorated markedly.

His lawyer, Tony Kelly, said he could not "confirm or deny" the claims, but Megrahi’s brother, Abdenasser, said: "He is at a special ward at Tripoli Medical Centre. His condition has deteriorated rapidly. He is unable to speak to anyone."

Archbishop Tutu is the second world figure to back the release, after Nelson Mandela also welcomed the move.

SNP Westminster leader and foreign affairs spokesperson, Angus Robertson, said: "The fact is that many people from across the parties, the legal fraternity, churches, civic Scotland and throughout the world have endorsed Kenny MacAskill’s difficult decision to send Megrahi back to Libya to die.

"Archbishop Tutu’s views demonstrate that there is a great deal of international respect and support for what was a compassionate decision by the Justice Secretary."

Campaigners are pressing ahead with calls for the UN General Assembly to hold an inquiry into the bombing after Megrahi dropped the second appeal against his conviction just before his release.

Asked about the chances of success, Professor Robert Black, one of the original architects of the trial at Camp Zeist, said: "I think it’s pretty good. There are a lot of countries that don’t think we’ve seen the truth and would like to see that uncovered."

Meanwhile, there was confusion over whether any trial in the case of a policewoman murdered outside the Libyan embassy in London 25 years ago would take place in Britain.

A newspaper reported that an agreement was secretly struck three years ago, when trade deals worth hundreds of millions of pounds were being negotiated with Tripoli, that would result in Yvonne Fletcher’s killer going on trial in Libya.

Ms Fletcher’s mother said she had not been informed of a deal and Tory MP Daniel Kawczynski, chairman of the all-party parliamentary group on Libya, accused the Foreign Office of "deliberately misleading" the family.

Big Wullie

Scotkaz

http://news.stv.tv/scotland/north...ld-see-highland-murderer-cleared/

With reference to the above James Casey case.

This is very very alarming for the following reasons:

1. It was only in 2001 he was convicted

2. It now appears to show that Crown Office could have instructed this DNA test then.

It will be interesting to find out if the DNA inside the bag Matches the victim or not and if Not then why did the Crown proceed with this case.

If they proceeded knowing this at the time then this is even more alarming.

One to watch for I think.

Having said all this above we have come to expect a lengthy time before these cases come to Appeal Court after the SCCRC have referred them.

Stuart Gair and George Beattie are classic examples, 8+9 years they took after SCCRC referred their cases before the Appeal Court heard their cases.

So one to watch for after next year at least.

scotkaz

We will block transfer of Moors murderer Ian Brady to Scottish prison, says ministers

MINISTERS say they would block any bid by Moors Murderer Ian Brady to move to a Scottish jail.

The Record told yesterday how Brady hopes to be transferred to a secure hospital north of the Border.

But the Scottish government said they would oppose the bid following a backlash from opposition MSPs.

A spokesman said: "This looks like an exercise in publicity.

"Any application would have to be made to the relevant prison authorities in England and we are unaware of any such request. It is not something we would support."

Together with Myra Hindley, who died in 2002, Brady tortured and murdered five youngsters in the 1960s.

His lawyer Giovanni di Stefano said Scots-born Brady wanted a move in the hope he would be allowed to die. He is being kept alive by force-feeding at Ashworth Hospital on Merseyside.

Di Stefano said justice secretary Kenny MacAskill could "hardly deny" Brady's request after granting the release of Lockerbie bomber Abdelbaset al-Megrahi.

Labour justice spokesman Richard Baker said: "It is no surprise that some of the worst criminals in the UK want to come to Scotland. They know what a soft touch Kenny MacAskill is.

"The justice secretary's decision to free Megrahi will, unfortunately, have given hope to people like Brady.

"I am not convinced he wants to come to Scotland to die but in the hope he may be released.

"It is outrageous that Kenny MacAskill has put us in a situation where Ian Brady, who committed some of the most horrendous crimes, wants to come to Scotland.

"I hope common sense will prevail." Scots Tory John Lamont added: "The message has gone out loud and clear across the UK - Scotland is a soft touch for criminals."

Link: http://www.dailyrecord.co.uk/news...on-says-ministers-86908-21675077/

scotkaz

Sex offender pilot scheme launched in perthshire

PLANS for a hotline that will help identify paedophiles operating in Perthshire were given a high-profile launch yesterday.

Tayside Police will offer parents improved access to information about known sex offenders who may be in contact with their children as part of a £112,500 pilot scheme drawn up by the Scottish Government.

Parents, carers or guardians of children under 18 will be able to ask the force to tell them if a person has a record for sexual offences against children, or other offences that might put their child at risk.

Officers believe the eight-month test will mean they are more in touch with the Perthshire public’s concerns about paedophiles than ever before, and able to instigate child protection measures.

Officially launching the Tayside-based project yesterday, Scottish Justice Secretary Kenny MacAskill said the aim was to prevent convicted sex offenders from striking again.

“Parents, carers and guardians will now be able to formally register their concerns,” he told the PA.

“They will be informed if the named individual has a conviction for sex offences against children and they can be confident action will be taken.

“As a result, the police will be better informed and child protection measures can be implemented more quickly and effectively.

“This is an important pilot, the first of its kind in Scotland, and I hope it will give reassurance to concerned members of the public.’’

Temporary deputy chief constable Bill Harkins said landing the pilot was a coup for Tayside Police.

“Clearly good partnership working already exists in relation to the management of sex offenders in Tayside and, irrespective of the pilot project, people should always contact the authorities if they have any concerns over the safety of any child in their community,” he declared.

Perth-based Chief Inspector Eric Knox said the hotline could “significantly increase” the protection given to children.

“It will undoubtedly provide greater intelligence relating to the behaviour and movements of sex offenders within Tayside – and build public confidence,” he insisted.

“If it is found that the child is at risk, then a range of child protection measures under existing arrangements may be instigated.’’

Martin Henry, national manager of anti-abuse organisation Stop It Now!, described the hotline as “an important contribution to the protection of children”.

“We hope that the evaluation of the disclosure pilot will provide important information to ensure that children are properly protected at the earliest stage by their parents together with all relevant agencies,” he said.

Speaking on behalf of children’s charity Children 1st, Anne Houston said parents were right to have concerns about paedophiles.

The hotline number is 0300 111 2222.

Link: http://www.perthshireadvertiser.c...n=1%26siteid=73103-name_page.html

scotkaz

The American way of death

A botched execution in Ohio should quicken the end of capital punishment

The Times, September 17, 2009
http://tinyurl.com/qhhtrr

America is the only big democracy - apart, occasionally, from Japan - that still carries out capital punishment. The botched attempted execution in Ohio this week of a murderer should prompt America to join the rest of the developed world in consigning judicial killing to history. There is inadequate evidence that it acts as a deterrent, it ignores the risk of miscarriages of justice and allows no room for repentance or correction. But above all it is a barbarity that stains civilised society.

There is no question but that the crime committed by Romell Broom was vile. He was sentenced to die for the rape and murder in 1984 of a 14-year-old girl. But his execution on Tuesday was halted when technicians failed, after a two-hour-long search, to find a vein sturdy enough to deliver the three-drug lethal injection.

A one-week reprieve granted by the Governor of Ohio may well be extended indefinitely, partly because it is half a century since any inmate was subjected to more than one execution, and partly because some justices of the US Supreme Court have now begun to wonder if botched lethal injections might not violate the eighth amendment ban on "cruel and unusual punishment". Last year the court upheld the use of lethal injections. But Justice John Paul Stevens, while concurring, said that imposing the death penalty represented "the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes". Other justices are believed to share this view.

When Texas became the first US state to introduce lethal injections in 1982, they were thought more humane than the electric chair, gas or hanging. It is time that they went the same way.

Source for this message:
The Times, September 17, 2009

scotkaz

Hundreds of rape and murder convictions under review after DNA evidence reveals man jailed for 27 years was innocent

http://www.dailymail.co.uk/news/a...lling-Teresa-De-Simone.html[/url]

Hundreds of historic rape and murder convictions will be reviewed following the release of a man who served 27 years behind bars for a crime he did not commit.

An independent body is trawling through 240 crimes before 1990 to review whether there may have been a miscarriage of justice.

New DNA evidence revealed that barmaid Teresa De Simone was raped and murdered by David Lace - and not Sean Hodgson who served 27 years behind bars.

Cases before 1990, where DNA evidence was not used, are now being re-considered by the Criminal Cases Review Commission to see if more people were wrongly jailed.

A spokesman for the CCRC said forensic evidence will be used to investigate cases where doubt has been cast on rape and murder convictions.

'The scope of our trawl through our case history was any rape or murder before 1990 about which an application has been made, beyond that we would not be able to look,' he said.

'That involves somebody who has been convicted of either rape or murder, they will have already sought to appeal that case and either had the appeal heard and dismissed or not been granted leave to appeal.

Read more: http://www.dailymail.co.uk/news/a...resa-De-Simone.html#ixzz0TG9RwhVF
We have identified 240 that we are now in the process of looking at.

'We will be working our way through each of those and look back to see if the circumstances around Mr Hodgson's referral means that we need to revise our conclusion about those cases.'

The CCRC provides the last route for convicted criminals to clear their name after an appeal has failed.

Barmaid Teresa de Simone, aged 22 years, was raped and murdered in Southampton in December 1979.

Her body was discovered partially clothed in her Ford Escort which was parked outside the pub she worked in part time.

Read more: http://www.dailymail.co.uk/news/a...resa-De-Simone.html#ixzz0TG9fV7Go

scotkaz

Lockerbie bomber defends internet campaign
The Lockerbie bomber has defied prosecutors and his American victims’ families by publishing more documents as part of his internet campaign to clear his name.

http://www.telegraph.co.uk/news/n...er-defends-internet-campaign.html

Abdelbaset Ali Mohmed Al-Megrahi said he did not want to further upset those “profoundly affected” by the atrocity, in which 270 people were killed.

But he argued that the furore surrounding his release showed it was in the “wider public interest” to publish the documents, which formed part of his second appeal against his conviction.

Megrahi, who is terminally ill, dropped the appeal only days before being freed from prison on compassionate grounds and his return to Libya, where he was given a hero’s welcome.

Two weeks ago he published an initial 300-page dossier of evidence, but relatives of his American victims said they were disgusted by his “lobbying” campaign and there was no new evidence in the information posted online.

Elish Angiolini, Scotland’s Lord Advocate, the most senior prosecutor, has accused Megrahi of attempting to “retry his case in the media” and said the only way he could clear his name is in a courtroom.

She pointed out the decision to drop the appeal “was taken voluntarily” and was not a precondition for Kenny MacAskill, the Scottish justice minister, to free him.

Stung by the criticism, the bomber defended his actions as he published of the second tranche of documents on his website, www.megrahimystory.net.

In a statement issued from his hospital bed in the Libyan capital Tripoli, he said: “I recognise that the Court of Criminal Appeal in Scotland is the only authority empowered to quash my conviction.

“In light of the abandonment of my appeal this cannot now happen. I continue to protest my innocence. How could I fail to do so?

“The detail of the challenge to my conviction is of wider public interest and concern. That much can be gleaned from the worldwide attention given to my release and return home to Libya.”

The bomber argued that many of the victims’ relatives want the information in the public domain and concluded: “My intention is only for the truth to be made known.”

The Libyan was convicted in 2001 of the bombing of Pan Am flight 103 over the Scottish town of Lockerbie, but only served eights years of his life sentence when he was freed.

He mounted an unsuccessful appeal the following year but in 2007 the Scottish Criminal Cases Review Commission (SCCRC), which investigates possible miscarriages of justice, referred his case back to the courts.

Doubts have been cast about the testimony of Tony Gauci, a Maltese shopkeeper who identified the Libyan as the man who purchased clothing found wrapped around the bomb that caused the explosion.

Megrahi’s latest dossier repeats his claims that Mr Gauci and his brother, Paul, were given rewards of $2 million (£1.2million) and $1 million respectively by the US Department of Justice following the trial.

This and other evidence should have been disclosed to his defence team, Megrahi said.

But a Crown Office spokesman reiterated: “The only place to determine these issues is the criminal court. All of these issues could have been raised during the course of the appeal which Mr Megrahi abandoned.”

A spokesman for Mr MacAskill defended the decision to free Megrahi but said the justice minister “supports the conviction”.

scotkaz

Rape trial told woman agreed to group sex

Published Date: 08 October 2009
A BOUNCER accused of gang-raping a 21-year-old woman told a jury she stripped naked and volunteered to have sex with him and two of his friends.
James Hyndman told the High Court in Perth yesterday said they had been "having a laugh and joking" before taking part in group sex with the woman's consent after she invited them all to her flat in Bathgate.

He said one of the four men she invited back was banished from the bedroom when she told them she would have sex with three of them, but not four.

Hyndman, 23, said: "I asked her if she was all right. It's not something that happens every day. It was a reassurance sort of thing. She smiled and said 'aye'. If she had said no I would have stopped there and then. No means no."

Steven O'Rourke, 24, and Hyndman, both HMP Edinburgh, are alleged to have raped the woman on 10 or 11 February this year.

The trial continues.

http://edinburghnews.scotsman.com...rial-told-woman-agreed.5715034.jp

scotkaz

8th National Miscarriage of Justice Day

Saturday 10th October 2009

United Against Injustice's

Public Meeting

Wheeler Hall
St Anne's Street
Leeds (rear of Cathedral)

doors open 10.00 am

Morning programme

10.15 Kevin McMahon and Dr Andrew Green Disclosure

10.45 Gabe Tan, Casework Manager, INUK How can innocence projects help?

11.30 Coffee break

12.00 Steve Gray Setting up a group

food available from 1:00 pm

Main meeting starts at 2:00 pm

Chair: Eamonn O'Neill An internationally renowned journalist who campaigned for 11 years to overturn Robert Brown's conviction, Eamonn also lecturers in journalism at the University of Strathclyde in Glasgow (eamonnoneill.net)

Introduction: Kevin McMahon Spokesperson for UAI. Kevin is a film producer and a former Military Police and Special Branch officer. An active campaigner against injustice for over 20 years, his advice has been sought in many high profile miscarriage cases.

Speakers

Sandra Lean Author of No Smoke! The shocking truth about British Justice (available from Amazon).

Dr Michael Naughton Chair, Innocence Network UK. Michael will speak about Criminal Cases Review Commission investigations: are they adequate? Is revival of the royal pardon an answer? (bristol.ac.uk/sociology/staff/michaelnaughton.html)

Eric Allison Guardian Prisons Correspondent. Eric has been closely involved in setting up and contributing to the Guardian online resource Justice on Trial guardian.co.uk/uk/series/justice-on-trial

Mark Newby Solicitor advocate who represented Ian Lawless (next speaker), Mark (of Jordan Solicitors) is Director for the Historical Abuse Appeal Panel and an expert on historical sexual abuse appeals.

Ian Lawless Ian was wrongly convicted of murder on unreliable confession evidence alone. His conviction was overturned earlier this year (innocent.org.uk/news/index.html#lawless).

Angela Sykes Sister of Daniel Sykes, wrongly convicted of murder. She will outline his case and talk about the value of support groups. Angela works as an advocate for refugees. She says, 'I am dedicated in both my personal and profession life to rights work.'

Lee Spencer Partner of Suzanne Holdsworth, whose conviction for the murder of a child was overturned last year. Lee will talk about the harm done by wrongful convictions innocent.org.uk/cases/holdsworth.html#holdsworth

Michael Shields Liverpool fan Michael Shields, convicted of the attempted murder of a barman in Bulgaria, was freed on a royal pardon after Justice Secretary Jack Straw accepted he is "morally and technically innocent."

No charge, no need to book - just come along
Everyone opposed to miscarriages of justice welcome

Full version of this flyer at http://www.unitedagainstinjustice.org.uk/MOJ%2009%20day/mojday09.html

This message from: "Andrew" <andrew@fitting-up.org.uk>

Source for this message:
United Against Injustice

scotkaz

Murder accused's new pay-out bid

A Newcastle man jailed for 14 years before his murder conviction was ruled unsafe has begun a compensation bid.

Andrew Adams, now 39, was found guilty in 1993 of shooting retired science teacher Jack Royal, but released in 2007 by the Court of Appeal.

The High Court later rejected a pay-out claim on the grounds that it was not shown beyond reasonable doubt there had been a miscarriage of justice.

Mr Andrews has now taken his case for compensation to the Court of Appeal.

In rejecting his claim in February 2009, a High Court judge said his 2007 appeal had succeeded on the basis that the conduct of his case by his legal representatives had been inadequate and that this had deprived him of a fair trial.

New facts

This related to their failure to discover and deploy three pieces of evidence from the unused material made available by the prosecution.

However, his compensation bid was refused as it had not been shown beyond reasonable doubt that there had been a miscarriage of justice, and the evidence which was not deployed could not be described as new or newly-discovered fact.

In challenging that refusal, Tim Owen QC, representing Mr Adams, said that the facts which led to his conviction being quashed were new to him and should fall within the parameters which would allow him compensation.

"The appellant cannot be blamed for the incompetence of the legal preparation for his trial," he said.

The case continues.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/england/tyne/8303256.stm

scotkaz

Simon Hall murder conviction goes to court of appeal

Criminal Cases Review Commission refers case of Simon Hall, convicted in 2003 of murder of mother's friend Joan Albert

A man who claims he was wrongly convicted of murdering an elderly woman eight years ago has had his case referred to the court of appeal after new forensic evidence emerged.

Simon Hall was found guilty in 2003 of murdering one of his mother's friends, 79-year-old Joan Albert, who was stabbed to death in her home in Capel St Mary, Suffolk, in December 2001.

Hall, who is now 31, has always maintained his innocence and the jury in the murder trial heard that fingerprints, footprints and DNA evidence found at the murder scene did not match the defendant's.

Hall's wife, Stephanie, said: "We're all thrilled – Simon, me and Simon's family – and hopeful the conviction will be overturned and the truth will come out in the end."

His family and supporters have disputed many elements of the prosecution's case, especially its reliance on fibre evidence. They have pointed out that Hall was a regular visitor to his mother's house, and that she frequently visited her friend Joan Albert.

However, an appeal against conviction was dismissed in 2004 and his case has been before the Criminal Cases Review Commission (CCRC) for more than four years.

Yesterday the commission said that although it had examined a number of issues raised by Hall and his legal team, it had decided to refer the case on the weight of new forensic evidence alone.

"The referral is based … exclusively on a forensic development identified and pursued by the commission and centres on fresh forensic analysis of fibre samples taken from the crime scene and other locations during the original police investigation," a CCRC spokeswoman said today.

"The commission has decided to refer the case to the court of appeal because it believes that new forensic evidence is capable of undermining key forensic evidence presented at the trial and therefore raises the real possibility that the court would quash the murder conviction."

Tests carried out for a 2007 BBC Rough Justice programme suggested that the fibres linking Hall to the murder scene should have contained glass, as Albert's killer entered through a broken window. They did not.

Keir Starmer QC, who is now the director of public prosecutions, told the programme: "Simon Hall's case is really peculiar because there is no particular reason to believe he is guilty of this offence. The one crucial link is the fibre evidence. Break this and the case disappears.".

http://www.guardian.co.uk/uk/2009...mon-hall-murder-conviction-appeal

Angeline

Notice the final quote in this article - the DPP is conceding that there is no reason to believe Simon is guilty, and without the fibre evidence, there would be nothing against him.

What's really interesting about this quote is that it was made more than two years ago originally - so even the DPP was pretty much conceding that something was terribly wrong here, but it took all that time to get it officially acknowledged.

Truth is, the information at the basis of this latest referral has been there since the day Simon was convicted.

Big Wullie

Keir Starmer QC, who is now the director of public prosecutions, told the programme: "Simon Hall's case is really peculiar because there is no particular reason to believe he is guilty of this offence.

Does this mean his appeal has a better chance of success ?

Does this mean Starmer will not contest this appeal then ?

Keir Starmer actually wrote a good book on Miscarriages here:

http://books.google.co.uk/books?i...EwAA#v=onepage&q=&f=false

Angeline

kevin donald

Proposed changes would abolish double jeopardy

CHANGES that would allow people to be tried twice for the same offence have been welcomed, amid reports that a new prosecution could be brought in a notorious murder case.
Prosecutors are understood to be preparing fresh charges against convicted serial killer Angus Sinclair for the World's End pub killings in Edinburgh in 1977. The case will be brought in the wake of expected changes to the law that will see the double jeopardy rule abolished in Scots courts.

http://thescotsman.scotsman.com/l...s-would-abolish-double.5847337.jp

Birmingham Six: 35 years on from injustice

Thirty five years ago, the IRA murdered 21 in the Birmingham pub bombings. Six men were jailed for crimes they did not commit, and spent 16 years in jail before their convictions were quashed. But how was life on the outside? Jonathan Owen talks to Johnny Walker

As blows rained down on Johnny Walker's stomach during a brutal beating at the hands of the police, he realised that in saying almost nothing, he had still said too much. "They were beating me up and my shirt came open and I told them I had stomach ulcers, so all the punches went down there... I should have shut my big mouth," he says, his voice quavering.

http://www.independent.co.uk/news...rs-on-from-injustice-1826180.html

Angeline · Panorama programme

Did anyone see the Panorama programme on joint enterprise last night?

The one thing that struck me immediately is that, essentially, just "being there" can get people convicted - the argument at one point was that by being a bystander, rather than intervening, a person is as guilty as the perpetrator of the crime.

Funny how it doesn't work the other way though - police officers who know that their colleagues are breaking the rules, or who collude with them to do so, are not guilty of joint enterprise.

"Experts" who quite deliberately slant their reports to fit with the official line, and their colleagues who apparently agree with them, even if their reports fly in the face of all of the evidence - not guilty of joint enterprise.

Defence teams who fail to properly check their client's case details, and fail to properly represent them (the equivalent of standing by and doing nothing) - not guilty of joint enterprise.

Yet every time these things happen, lives are destroyed. Double standards? Well, of course!

kevin donald

Tragic story of murdered transsexual, whose uncle was one of the Guildford Four

THE tragic life story of a murdered Kentish Town transsexual became clear this week when it was revealed the victim's mother had committed suicide four years ago and her uncle spent 15 years in prison falsely convicted of an IRA bombing.

Destiny Lauren, 29, born Justin Samuels, was found dead at around 1am on Thursday November 5, in her flat on Leighton Crescent.

It was almost four years to the day since her mother Elizabeth Hill took her own life outside the same flat.

http://www.hamhigh.co.uk/content/...20Nov%202009%2016%3A32%3A18%3A477

Man’s ‘relief’ at quashing of 1976 terror conviction

A man who was the victim of a miscarriage of justice 30 years ago has told of his relief at having his conviction overturned.

Peter Joseph McDonald from Co Londonderry was just 16 when he signed a confession in police custody for an alleged shooting he says he never committed.

http://www.belfasttelegraph.co.uk...6-terror-conviction-14578111.html

Holding the police to account

Alan Johnson refers to the case of Sean Hodgson as someone wrongly convicted who would "probably not have been cleared without DNA analysis" (My DNA dilemma, 25 November). This may well be true, but it has nothing to do with the debate over DNA retention. Hodgson wasn't cleared because the police had been storing the DNA of large numbers of innocent people. He was cleared because he insisted the police match his DNA to that taken from the crime scene. Using Hodgson's case to justify the retention of innocent people is exactly the kind of specious argument that the DNA retention debate doesn't need.

http://www.guardian.co.uk/politic...tention-g20-police-accountability

Andrew Adams loses compensation battle

WRONGLY convicted Andrew Adams, who spent 14 years in jail for a murder he says he did not commit, lost his battle for more than £1m compensation at the Court of Appeal today.

But the judges involved in the case agreed to hold a further hearing next week to give Mr Adams’ lawyers the chance to apply to take the case to the Supreme Court.

Today, former aircraft engineer Mr Adams, 39, of Newcastle, said: "We now want to take the case to the Supreme Court, the House of Lords.

http://www.sundaysun.co.uk/news/b...mpensation-battle-72703-25269657/