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Big Wullie

Judges In Scotland "A Law Unto Themselves"





What was it our Judges said in Ruddy ?
Big Wullie

https://www.scotcourts.gov.uk/opinions/2013CSIH73.html

Quote:
[50] In our view, it is important to  note what the ECtHR said respecting the burden of proof moving to the state, where matters lie wholly or largely within the exclusive knowledge of the state. We consider that it is a coherent and logical extension of that approach to the burden of proof that, where an issue arises as to a prima facie want of structural independence in the hierarchical structure under which any investigation bore to be carried out, the state should similarly be required to demonstrate the presence of the requisite structural independence.


If Police investigating Police is not independent then surely the same applies to Judges.
Big Wullie

Ruddy, Supreme Court opinion.

https://www.supremecourt.uk/decid.../docs/UKSC_2011_0258_Judgment.pdf

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