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Steph Rodger

SCCRC Unfit for purpose and NOT independent or impartial

I am currently having the SCCRC review a conviction where i was sent to prison for five years for an alleged offence under the firearm act. There was no firearm but still got convicted on the word of two people.

Last June, the SCCRC got my first application and part of that application/review was to have a mobile checked for a photograph that would have confirmed that my friends had a phone in his hand and not a gun as told by two crown witnesses, boyfriend/girlfriend.

The SCCRC wrongly asked one of the senior investigating officers involved in the case to review the blackberry phone as we had always maintained that my friend had pointed a phone and not a gun.
The SCCRC specifically asked to review the phone and look for a specific photo of the rear end of one car, taken from the inside of another car at  10pm at night. This was a specific request by the case worker.

The senior officer involved in the original case was tasked with this review, which should not have been allowed to happen as this is a conflict of interest and damn right illegal.
This same officer stated to the SCCRC and prepared two reports in which he stated he could find no evidence or the type of photograph that the SCCRC had asked about. He prepared reports stating he carried out the review.
Based on those reports by this officer, the SCCRC refused to send the application to the appeal court.

In October this year our property was returned too us and one of the items was the blackberry phone which was charged up as soon as we got it.
On that blackberry phone WAS an image that the SCCRC had asked about and on closed inspection of this image it had the date and time stamp of the time the photo was taken. This then corroborates that what my friend had in his hand was a blackberry phone and NO a gun as told by these witnesses.
Now serious questions are being asked by the SCCRC and others about the involvement of the senior cop who stated to the SCCRC that he did not find any image on the phone when he had reviewed the phone.
This damming evidence which is now available now shows and supports that this senior officer did not carry out any review of the mobile phone as he stated he had done and has therefore lied to the SCCRC twice, by suppressing and withholding vital evidence that would have cleared our names in this case.
This officer is now under a full investigation by the professional standards dep with the possibility at looking at attempting to pervert the course of justice charges as he deliberately withheld vital evidence in this case. He also prepared a falsified report to the SCCRC and lied to them also and the SCCRC are not happy at all with this case due to the recent disclosures

My MSP is now asking questions about the role of the SCCRC ith regards their independence and impartiality when it comes to reviewing of cases.
The SCCRC clearly state that they are independent and impartial when carrying out reviews, our case now casts serious doubt on the running of the SCCRC and their handling of cases.
Further questions now need to be asked about the SCCRC and how many other case has passed through their hands where they have simply asked the previous officers involved in the case to carry out reviews on their behalf and have accepted their reports on those reviews without the SCCRC carrying out their own impartial independent review of the case.
How may other cases has there been where police officers, involved with the case, has deliberately lied to the SCCRC knowing that the report they give will see the closing down of the review.
I believe there are many other cases out there where this has happened and i do not believe my case is the first and i dont believe it will be the last.
the SCCRC are beside themselves with this recent chain of events and questions now need to be asked from other parties who have went through the same application process with the SCCRC only to have their case thrown out because a cop prepared a falsified report.
The SCCRC, in my view are unfit for purpose and a overhaul of the SCCRC needs to take place and serious questions asked about those who run this organisation.

As a result of my findings in my onw case, the CCRC are now currently reviewing my case based on evidence not heard at trial as this was not disclosed to the defence by the crown. This evidence would have cleared us even before the trial got to court.

The recent image contained in the blackberry phone is new evidence and again a report based on the phone and its contents was deliberetly withheld by the crow to the defence.

Crown witnesses in this case under investigation for perverting the course of justice and committing perjury under oath, again supportive corroborative credible and reliable evidence supports this.

A senior cop involved in this case from the outset now under investigation for suppressing/withholding vital evidence which would have cleared us of any wrong doing. and hopefully he will answer for what he has done by getting sacked from the force, and again this could open a can of worms against this officer, because if he has done this with our case, how many other case out there has he been involved with where he has done the same thing, this in my view is police corruption and serious questions now need to be asked.

The SCCRC need to be held accountable and serious questions now need to be asked about their handling of reviews and in the way they carry out these reviews.
I have no doubt that there are many cases out there where the SCCRC have not properly carried out reviews of cases and merely cut corners by involving original officers in the case to carry out a review of evidence on their behalf. This in itself is a conflict of interest and totally illegal and leads to serious questions of the SCCRC and their independence and impartiality in handling cases.
In my view, the SCCRC are not fit for purpose and a complete overhaul of the way they operate needs to be undertaken as soon as possible to stop more miscarriages of justice taking place within our legal system.
I believe there are many cases out there where serious questions need to be asked about the running of the SCCRC in Scotland today

This doesn't come as a surprise.

Everyone affected by this kangaroo court  should be coming together as one and protesting outside their offices. They have got away with it for far too long now.

How a Chief Executive who is a Sheriff can claim to be independent is beyond belief. When are people going to wake up to this organisation.
Steph Rodger

Hi Frank

Totally agree with what you say, people affected by the decisions of the SCCRC need to stand up to this organisation and the people who run it.
Likewise people MSP's should be more involved/active it getting answers from the SCCRC in their handling of cases as the SCCRC are accountable to the Scot Gov, so questions should be asked at this level.
My local MSP is fully aware of my case and matters with the SCCRC so it will be interesting to see what response she gets from them in this case as she has written to them with concerns, next step, writing to the justice committee.
the SCCRC are not a law unto themselves and are NOT above the law and serious questions do need to be asked, by all those directly involved in previous cases.
Even Solicitors should be now raising concerns with regards previous clients they've represented through the SCCRC as i bet there are many out there with a similar story as this space, as i've a funny feeling that in weeks/months to come, many more will questions the running and handling of cases by the SCCRC.

The SCCRC have been using the wrong test for years on whether to refer cases. Their test is whether someone MAY have suffered a miscarriage of justice.

They have been using the english CCRC test where they have basically been acting as judge and jury.

They have also been misapplying the McInnes test in dozens of cases (disclosure) which will be highlighted in the upcoming Tommy Sheridan Judicial Review.

There are loads of people who feel let down by the so called independent SCCRC.

Anybody up for protesting outside SCCRC offices??

Nobody will do anything about them if we don't do it ourselves and they have simply got away with murder for too long now.  

We all know the SCCRC are the only people who can refer your case but what is the point if they are not independent and failing to investigate cases properly. There has to be protests outside their offices.

another temp sheriff employed by SCCRC.

Are Sheriff's not members of the judiciary. SCCRC claim to be independent from judiciary. 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.