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Support Register Of Interest For Judges
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Sat Oct 11, 2014 2:48 am    Post subject:  Reply with quote

They suspect pecuniary interests are the least likely to cause recusal.

Relationships Family members and knowing witnesses more likely to recuse.

Didn't happen in my own case with my trial judges son hearing my appeal.

Clearly the rules and regulations are being breached.
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Fri Oct 17, 2014 12:20 am    Post subject: Reply with quote

very true Neil Findlay MSP


http://www.youtube.com/watch?v=yXaFbv5eBdc
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Fri Oct 17, 2014 12:34 am    Post subject: Reply with quote

david wrote:
very true Neil Findlay MSP


http://www.youtube.com/watch?v=yXaFbv5eBdc


What a great video David.

Pity all our MSP's did not think like Mr Findlay.

I think most get the concept because they all have to register their own interests.

He is spot on about Lord Gill.
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david



Joined: 01 Mar 2009
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Location: edinburgh

PostPosted: Wed Oct 22, 2014 1:51 am    Post subject: Reply with quote

This would be a good model for Register of Interests in Scotland

http://www.publicintegrity.org/20...your-federal-appellate-judges-own
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Wed Oct 22, 2014 5:22 pm    Post subject: Reply with quote

Sheriff stands down in bird deaths case over RSPB link

http://www.bbc.co.uk/news/uk-scot...rth-east-orkney-shetland-29725269


Quote:
Sheriff Annella Cowan said justice had to be seen to be done. The case will call again later in the year.

Defence counsel Mark Moir argued that the sheriff should not hear the case because the bird charity had been involved in the criminal investigation against Mr Mutch.
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Fri Apr 17, 2015 5:48 pm    Post subject: Reply with quote

http://petercherbi.blogspot.co.uk...ot-yours-scotlands-top-judge.html
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Big Wullie



Joined: 25 Apr 2007
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Location: Glasgow

PostPosted: Mon May 11, 2015 1:07 am    Post subject: Reply with quote

What a joke:

http://www.heraldscotland.com/pol...ter-of-judges-interests.125549499

First Minister rejects call for register of judges' interests

Paul Hutcheon

Investigations Editor
.
Sunday 10 May 2015

NICOLA Sturgeon has rejected calls for judges to declare details of their finances in a register of interest.

The First Minister said the proposal, lodged by justice campaigner Peter Cherbi, was "not necessary" and claimed existing rules were "sufficient".

Holyrood's Public Petitions Committee is in the middle of a long-term probe into whether judges, sheriffs and justices of the peace should be brought into line with other senior public sector figures.

MSPs, MPs, councillors and board members of public bodies are all required to register their outside financial interests.

A petition lodged with the Scottish Parliament in 2012 called for members of the judiciary to declare their "pecuniary" interests, which would include shareholdings, directorships and membership of external bodies.

Judicial officer holders can recuse - or remove - themselves if a conflict of interest arises during a case, but nothing more is required.

The plan was met with hostility by the country's top judge, Lord Gill, who repeatedly snubbed calls by the committee to give oral evidence.

He relied on written testimony to blast a proposal he said could compromise judges' privacy by encouraging "aggressive media or hostile individuals".

Lord Gill concluded: "The establishment of such a register therefore may have the unintended consequence of eroding public confidence in the judiciary."

The issue has now reached the desk of the First Minister, who has backed Lord Gill.

In a letter to John Pentland MSP, the Committee convener, she supported the status quo: "The Scottish Government considers that such a register of judicial interests is not necessary and that the existing safeguards - the Judicial Oath, the Statement of Principles of Judicial Ethics and the system for complaints against the judiciary - are sufficient.

"These safeguards, together with the register of judicial recusals, are sufficient to protect individuals from judicial bias."

She also repeated Lord Gill's fear about "aggressive media" and noted: "The position of the judiciary is different from that of MSPs and others who hold public office. The judiciary cannot publicly defend themselves."

The First Minister also revealed that Paul Wheelhouse, her Minister for Community Safety and Legal Affairs, met Lord Gill in December to discuss the petition.

In his evidence to the Committee, Wheelhouse said he feared a register could leave judges open to "threats or intimidation", adding that colleagues at an environment quango had already been threatened by organised criminals.

However, emails between the Government and Scottish Environment Protection Agency revealed no link to organised crime.

Cherbi said: "I am surprised Nicola Sturgeon supports a judicial ban on transparency just because judges have been asked to declare their substantial interests.

"We are always told if you have got nothing to hide you have nothing to fear. What are the judges hiding and what do they fear?

"There cannot be one set of rules for judges and another for everyone else. A register of interests will enhance public trust in the justice system, not detract from it."

A Scottish Government spokesperson said: "The Scottish Government considers that a specific register of interests is not needed. Existing safeguards, including the Judicial Oath, the Statement of Principles of Judicial Interests and the system of complaints against the judiciary, are sufficient to ensure the impartiality of the judiciary in Scotland."
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Iain McKie



Joined: 08 May 2007
Posts: 938


Location: Ayr, Scotland.

PostPosted: Sun May 17, 2015 7:32 am    Post subject: Reply with quote

Sunday Herald Letters
Sunday 17 May 2015

Quote:
FM wrong on judges' interests

Paul Hutcheon's article highlights my belief that judges have an inappropriate power and influence in relation to how the legal system operates that can be a barrier to receiving justice in Scotland (First Minister rejects call for register of judges' interests, News, May 10).

Similar issues arise with the Lord Advocate, who remains a power almost without limits.

I see the First Minister's decision not to support a register of judges' interests as philosophically and constitutionally wrong. This political reticence to become involved in judicial matters harks back to the dim and distant past when properly the independence of the judiciary and Lord Advocate had to be protected from political interference.

Unfortunately this has morphed into a complete failure by our elected representatives to hold these authorities to account. With few exceptions they have washed their hands of their duty to ensure that the exercise of power is fair and proportionate.

Perhaps all of this is embodied in the disgrace that is Lockerbie where for over 26 years a whole system has sat on its hands and failed to help right a massive wrong. In essence the promise and hopes inherent in the SNP's clean sweep in Scotland is that things will be different. This stands for justice as well as the economy and it is to be hoped that our politicians are listening at last and can be educated and persuaded in this regard.

Iain AJ McKie
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Wed Nov 11, 2015 2:44 pm    Post subject: Reply with quote

Lord Brian Gill evidence to Public Petitions Committee Scottish Parliament 10 Nov 2015

https://www.youtube.com/watch?v=GMlBc9XNxrc



Jackson Carlaw MSP to Lord Gill - Should we not expect transparency ? Holyrood 10/11/2015

https://www.youtube.com/watch?v=wlOy7fJIqCM
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david



Joined: 01 Mar 2009
Posts: 502


Location: edinburgh

PostPosted: Fri Nov 20, 2015 1:57 pm    Post subject: Reply with quote

another example of a high court judge not recusing himself when there is a conflict of interest !!

http://www.heraldscotland.com/pol...mber_quot__of_the_SNP/?ref=twtrec

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