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Aberdeen man to sue SCCRC and Scot Government over MOJ
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Big Wullie



Joined: 25 Apr 2007
Posts: 5125


Location: Glasgow

PostPosted: Tue Jun 16, 2015 8:53 pm    Post subject:  Reply with quote

Any update on the case against the SCCRC Frank ?
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frank



Joined: 09 Mar 2015
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PostPosted: Thu Jun 18, 2015 12:05 am    Post subject: Reply with quote

Hi Wullie

I haven't heard of any progress or seen anything in the media.

Noticed on the High Court Rolls that there was a hearing couple of weeks ago involving Mr Gordon and SCCRC. On the bench was Lord Bracadale, Lord Malcolm and Lady Dorrian.

Your guess is as good as mines Wullie as to what the hearing was about. If it had anything to do with SCCRC independence then I doubt we will ever get to see a judgement.


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Big Wullie



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Location: Glasgow

PostPosted: Thu Jun 18, 2015 1:19 pm    Post subject: Reply with quote

If the judgement in Ruddy is anything to go by then the Government have failed to provide an independent and impartial hearing as Identified in Ruddy para 50:

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.


Ruddy:

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

If police investigating police is not independent then neither is Lawyers Investigating Lawyers or Judges Investigating Judges etc etc
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frank



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PostPosted: Sun Jul 05, 2015 11:48 pm    Post subject: Reply with quote

https://www.scotcourts.gov.uk/sea...ddfa6-8980-69d2-b500-ff0000d74aa7

This is a recent Nobile Officium judgement I was referring to previously. Amongst other things, it refers to SCCRC permitting Crown employees to work on SCCRC cases. The Petition was judged to be incompetent.

I suppose this arguably contradicts the following then:

http://www.sccrc.org.uk/aboutthecommission.aspx

Quote:
Our review of cases is completely independent of Parliament, the Scottish Government, the Crown, the Justiciary and the Defence.  All cases accepted by us are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court is taken
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SCCRC MOJ SELL BY DATE



Joined: 09 Mar 2015
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PostPosted: Sun Aug 23, 2015 3:52 pm    Post subject: INTERESTING ONE Reply with quote

Interestingly in these type of cases - no illegal detention & questioning = no corroboration = no charge = no trial = no conviction = no registration requirements

What appears to be missed and solicitors are ignoring is that under section 194 of the CPSA'95 (and amendments) a person could be referred if they "MAY" have suffered a MOJ by the SCCRC and it is in the 'interests of justice' to refer the case back to the HCOJ on appeal, with the need for 'certainty' and 'finality'.

In the rest of the UK when a person "MAY" have suffered a MOJ it is a MANDATORY referral as per a point of law, whereas in Scotland the test is applied more narrowly, even although the SCCRC say they apply a wider test.

This poses the question, how can "MAY" be applied in a 'CERTAIN' OR 'FINAL' application? As a measurable "MAY" (POSSIBILITY OR PROBABILITY) will always fall short of being 'CERTAIN' OR 'FINAL', and the two legislative strands drafted by the SNP Scottish Government are ILLEGAL as they are in CONFLICT (X and Y v The Netherlands)

Why are defence lawyers not addressing this 'conflict in the law?' do we need a lawyer to protect us from our lawyer?
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SCCRC MOJ SELL BY DATE



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PostPosted: Sun Aug 23, 2015 3:57 pm    Post subject: LATEST IN CASE Reply with quote

An Options Hearing was heard on Friday and two days of legal arguments are due to be heard at Glasgow Sheriff Court on Monday - Tuesday, 26-27 October 2015. If you can manage get yourself along to Glasgow Sheriff Court for the fireworks!!!!!
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frank



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PostPosted: Tue Sep 15, 2015 11:36 am    Post subject: Reply with quote

SCCRC MOJ SELL BY DATE

Any more news on this case??

I noticed there was a hearing on 10 September at Glasgow Sheriff Court

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