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Mr Michael Hanlon of the COPFS was seconded to the SCCRC shortly before the Al-Megrahi case and left soon after this was completed after dealing with several cases as dedicated Case Officer responsible for various investigations.

He was working for the SCCRC for a period of 3 years 6 months from 2003 - 2007.

Anyone who has an issue with this cannot take a Judicial Review as this would involve the other contaminated parties involved with this polluted party being involved in this process (nemo judex in causa sua). In essence, a JR would only secure the SCCRC sitting in self-interest review of their own lack of independence, which is unfair.  

I shall not recite you the abundance of the legally binding ECHR case law but it is suffice to say that under Belios v Switzerland it underlines the SCCRC can only "determine matters within its competence on the basis of rules of law…” and within Tsfayo v UK [2009] 48 EHRR 18, if a decision maker is not independent and impartial, by definition, judicial review cannot cure the first instance deficiencies and a violation of the Convention exists. The ECHR state,”..there was never the possibility that the central issue would be determined by a tribunal that was independent of one of the parties to the dispute…”

Where does that take the populace of Scotland under the right to a remedy under Article 13?

Hey presto - the more or less redundant Nobile Officium procedure, whereby in such wholly exceptional and unforeseen circumstances, is the only procedure available to address such fundamental procedural irregularities. I belief from court judgements the Nobile Officium is an equitable power of the court, to give relief when none is possible at law, and the populace of Scotland have a legitimate aim and expectation this scenario falls into that category. I'd put money on Lord Throwaway & Co, would block this!

I trust if there is no domestic remedy in Scotland, the only alternative is to get this LIVE again after you've exhausted due process and lodge an application with the Strasbourg Court to sit in judgement as to the lack of SCCRC independence and questioning the jurisdiction/ application of the Nobile Officium procedure in Scotland.

In summary: (1) re-submission to the SCCRC is not a reasonable, fair or proportionate option; (2) Judicial Review of the SCCRC is not a lawful option according to legally binding ECHR decisions; and (3) if  there is not a procedure open to the populace of Scotland as part of the one UK sign-up to the Convention, get your applications into Strasbourg that will expose these people for what they are really all about - joined at the hips!!!!!! Forum Index -> Test Forum 1
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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.