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George Beattie Historical Miscarriage
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scotkaz



Joined: 28 Aug 2008
Posts: 527



PostPosted: Sat Mar 07, 2009 10:13 am    Post subject: Reply with quote

Wullie

It wouldnt have been hard to frame a man like George sadly. George should have had a responsible person with him during all of this interogation because it is clear he did not understand what was happening to him.


I took this from Peter Hill's very informative site on the Beattie Case.
http://www.btinternet.com/~peter.hill34/bg.htm

He was below average intelligence - generally accepted as slightly backward and somewhat immature for his age. When he was about to move up to the secondary school at the age of ten there had been a suggestion that he should be sent to a special school. But nothing had been done.
George had frequently been absent from school because of childhood illnesses. He was a hopeless scholar who played no games and made few friends. He was also a natural target for bullies because he would never fight back. Some parents thought that his mother was a little too over-protective. George was big enough, they said, but he just "didn't have the guts".

Five years later, his education, or lack of it, hardly equipped him to defend himself against the more normal hazards of life - never mind the power of a murder investigation led by Chief Superintendent Muncie.

George's eldest brother William saw George as a day-dreamer. " He fantasised a lot," he said. "He could go for a walk and lose himself just going down into the woods, looking at the stars, the trees. "

William had heard George telling "whoppers" and thought this tendency to exaggerate came from having four older brothers.

Beattie is found to "return abnormally high confabulation scores. After a 6 week gap he returned three times more confabulatory responses than accurate material." In other words, Beattie has a strong tendancy to tell tall tales and after a while even believes them.

At the Lanarkshire steel works Beattie had a reputation for telling tall tales. The man who shared a locker with George, Colin McClair, said that George had a reputation for making up fantastic stories which nobody believed. Another brakesman, William Campbell, said that George often exaggerated about his drinking habits. " But we know they are all lies," he added.

Beattie had been given a tour of the scene of crime by two officers on the 10th - two days before he made the admissions and described the scene. This tour was a timing exercise of the route he took on the evening of the murder. This trip was a timing exercise which was not completed. It ended at the scene of crime because it was raining ( according to the police)

The police claimed he had "special knowledge". Beattie had revealed his guilt during two interrogations on the night of the Wednesday after the murder. Then he had shown them these secret locations on the Thursday morning.

What the police "forgot" to tell anyone was that there was a third interrogation on the Wednesday night - during which Beattie was "fed" all this information.

This was the man who was put under such intense interrogation by the police at Carluke that he had something of an epileptic fit - and was given no medical help at all when he suffered that fit. Words were put into his mouth without him realizing it - and then taken down again as he repeated them. He had no benefit of attorney during this period. He had to fend for himself against police officers who believed they could prove a case of murder against him.

The jury took just 35 minutes to find Beattie guilty - and the rumour emanating from the room was that it was on a 7 - 8 majority. An English jury, under less pressure to jump to a rash decision, might well have worked out over several hours of discussion that there was something badly wrong at the heart of the prosecution case. No doubt some jurors now repent at leisure over the fate of George Beattie. American jurors may well have told us why such a decision was formed. Scottish jurors can hide their shame beneath their anonymity.


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scotkaz



Joined: 28 Aug 2008
Posts: 527



PostPosted: Sun Mar 08, 2009 10:08 pm    Post subject: Reply with quote

Quote:
No doubt some jurors now repent at leisure over the fate of George Beattie. American jurors may well have told us why such a decision was formed. Scottish jurors can hide their shame beneath their anonymity.


Once a case is over, can jury members speak about a case in this country?

We shouldnt have this anonymity like some sort of secret service.

I have seen various cases in US after big cases, like OJ and others, where once the trial is over the jury if they so wish can speak at a press conference.

I dont see why we should not have this too.

I am sure the members of the Beattie jury must have this on their mind a lot now, considering so much did not come out in court.
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Mon Mar 09, 2009 2:08 am    Post subject: Reply with quote

Scotkaz

Quote:
Once a case is over, can jury members speak about a case in this country?


I have no Idea, but in the Edinburgh three case one of the Jurors phoned one of their Solicitors I am told by David.

Perhaps he can confirm this ?
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Mon Mar 09, 2009 2:44 am    Post subject: Reply with quote

I have noticed from the appeal in this case there is no mention of the following:

The police could not produce his black book in court when asked to do so.

The police in question later took advice from a Solicitor and burned his black book in woods.

There has also never been any later modern tests done on the blood they claimed to have found on tissues in Beatties pocket with the blood samples taken from the victim.

Why would SCCRC who spent £1.8 Million on investigating Megrai's case not carry out such simple test, On second thoughts they took the word of L&B Police that no biological samples existed but they have since turned up at Aldermaston in the case of "Jocky Robertson"

I also note with great dismay the appeal court have ruled against his ground he did not get a fair hearing when Two Experts evidence that no Human Blood was found on the knife was not disclosed to the defence prior to trial (Holland & Sinclair) None Disclosure.

Surely if the Jury had heard experts claim there was no "human blood" on the knife or soil it was found in then: Their verdicts would have been different and their verdict returned in it's absence is perverse and should be quashed.

John Hemphill won his appeal on the exact same point here:

http://www.scotcourts.gov.uk/opinions/82_67.html

It was treated as an Anderson appeal basically just because his defence failed to call Potentially Exculpatory Evidence in the following terms.


[17] Miss Scott then turned to consider the basic principles which should be applied in the present case under reference to Anderson v. HMA 1996 JC 29: Mackintosh v. HMA 1997 SCCR 389: Keating v. HMA 1999 SCCR 359: Wright v. HMA 2000 SCCR 638 and Garrow v. HMA 2000 SCCR 772.

John Hemphill BBC News found on the Innocent site:

http://www.innocent.org.uk/cases/johnhemphill/index.html

I notice however no such ground of appeal was lodged on behalf of Beattie
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sat Mar 14, 2009 2:16 am    Post subject: Reply with quote

The following is Oppressive for many reasons:

Quote:
[71] There appear to us to be considerable difficulties in the approach advocated by Mr Shead. In R v Lambert [2002] 2 A.C. 545 the House of Lords held that the provisions of the Human Right Acts 1998 do not apply to matters which occurred prior to the date on which that Act came into force. Decisions taken by courts or tribunals in England prior to that date cannot be impugned on appeal by virtue of section 6 of that Act. Reference may also be made to R (Hurst) v London Northern District Coroner [2007] 2 A.C. 189. Although Lambert is not binding on this court, it was expressly followed in Dickson v HM Advocate 2008 J.C. 181. Moreover, it is necessary to lodge a devolution minute when challenging an act of the Lord Advocate as being in contravention of the European Convention on Human Rights, and there is no devolution minute before us in the present case: see Mills v HM Advocate (No.2) 2001 S.L.T. 1359. Mr Shead did not address us on any of these authorities. Instead, he sought to persuade us that Article 6 is binding on us in the disposal of this appeal, and should therefore colour our consideration of the question whether the trial was fair. This raises very complex issues about retrospectivity. Mr Shead's submissions about these barely touched the surface and, given his concession, the Advocate depute found no need to reply to them at all. This being so, we prefer to reserve our judgment as to the approach to be adopted by this court in deciding appeals against convictions which took place before, in some cases many years before, the Convention became part of our domestic law.


Section 6 of the human rights act came into force and being in 1951 when the European rights were Ratified by the UK and not 1998 see:

Quote:
The European Convention on Human Rights was drawn up in 1950 and ratified by the United Kingdom in 1951


Quote:
The European Convention is unusual amongst international Conventions in having enforcement mechanisms including a court. Since 1966, British citizens have had the right to apply to the European Commission of Human Rights if they feel that their rights under the Convention have been infringed by the State. If the Commission found their application admissible and meritorious, it could refer the case to the Court for a judgment. From November 1998, the Commission ceased to exist and applications are now made directly to the Court.


Taken from here:

http://www.scotland.gov.uk/library/documents-w9/huri-02.htm

Quote:
The European Court of Human Rights (ECHR) is the international court set up to interpret and apply the Convention. It is based in Strasbourg, France and is made up of judges nominated by each of the countries that are members of the Council of Europe. Since 1966 people have had the right to bring cases against the British Government in the ECHR. Over the years there have been many cases in which the ECHR has found that the UK has breached the Convention.


Quote:
The Convention was drafted after the Second World War. British lawyers and civil servants were heavily involved in its drafting. The United Kingdom (UK) signed up to the Convention in 1953 and was one of the first countries to do so. In all, 47 countries have now signed up to the Convention including most of the east European, former communist countries and several countries that were once part of the Soviet Union. The countries that have signed up to the Convention make up the Council of Europe.


Our courts have no right to claim we cannot use Human rights acts pre 1998.

The 1998 act the way I see it, was only set up to allow people to use their rights in our courts, because this was being denied them for decades.


Last edited by Big Wullie on Sat Mar 14, 2009 2:42 am; edited 1 time in total
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sat Mar 14, 2009 2:26 am    Post subject: Reply with quote

Our appeal Courts have an agreed policy with SCCRC in Toamszewski that they would only refer cases on the Law as it is Today

The Law as it is today USES section 6 of EcHR which gives you the right to a fair hearing so our Appeal courts cannot backtrack on their agreed policies.

We must also look at the Tomaszewski case referred by SCCRC and conclude that if the courts can deal with a 1948 case with the current law as it is today then they can also deal with Beatties in the same way as it was a 1973 case 25 years after Tomaszewski's

See agreed policy on the site of SCCRC here:


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


The SCCRC and Current Law

Quote:
The Commission sometimes receives applications which relate to convictions imposed at a time when the law on a given point was different from the law currently applying.

The question, therefore, arises as to whether to refer a case to the High Court on the basis that the court should apply the law as at the date of the hearing of the appeal by the High Court after referral by the Commission, rather than at the date of the conviction.

After one such case was referred by the Commission to the High Court, the court's decision was that it would deal with the case on the basis of the law as it is currently stood and not as it existed at the time when the applicant was convicted. The court expressed the view that cases should be examined in the light of existing law and standards. Accordingly, it is on this basis that the Commission approaches its enquiries. ( Click here for link on the opinion)
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david



Joined: 01 Mar 2009
Posts: 52


Location: edinburgh

PostPosted: Sat Mar 14, 2009 9:14 pm    Post subject: jury members Reply with quote

Wullie

One jury member in our case actually visited the locus during the trial which breached his jury oath. The SCCRC refused to refer on this ground due to their presumption that their was a lack of prejudice.  They referred the O'Rourke case on a similar point when they admit that no prejudice could be affirmed in that case.

One jury member also phoned my solicitor intimating her dissatisfaction at the guilty verdict and she also conveyed to my solicitor of her sleepless nights ever since the verdict. I was represented by a solicitor who couldn't make time to pursue this matter. Shambolically represented considering we were already pursuing one jury ground.

Everyone knows that it is a criminal offence to investigate what occurs in a jury room during deliberations. The SCCRC are also bound by this law, so how can they properly investigate any jury grounds thoroughly if they are prohibited from investigating the deliberations.

Do you feel this law surpresses evidence that would clear innocent people, and further, do you feel this law breaches ones right to a fair hearing under Human Rights legislation.

David


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