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Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Hi David

I think this case is something that should open the door for another application to SCCRC on your behalf.

Found here:-

http://www.firmmagazine.com/news/..._after_judicial_misdirection.html

the following paragraphs are supportive of your case:-

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

In a recent case it would appear that an application to Nobile Officium would be rejected where the appellant was seeking to initiate other grounds of appeal, when they have already had an appeal turned down.

The only means of getting an appeal back into the courts was via SCCRC it was decided in the recent case of Colin McIntyre found here:

http://www.scotcourts.gov.uk/opinions/2009HCJAC63.html

admin · Site Admin Joined: 22 Apr 2007 Posts: 83

Dear Smallbut,

Welcome to the forum.

On my reading your first three postings are not making sense.

Could you please review, explain or remove.

Best wishes,

Admin

david · Joined: 01 Mar 2009 Posts: 52 Location: edinburgh

re- charge to the jury

Lady Paton directed the jury in my case that there was no evidence to convict me of rape but then advised they could find me guilty on an art & part basis. She used a bank robbery when summerising art & part and referred to me as the getaway driver. Under Scots law I thought that someone had to have sex with someone to be convicted of rape. If my co accused were convicted then I had to be convicted which is ludicrous.

My two friends were wrongfully convicted of rape and I was also wrongfully convicted as being an accomplice.

The case goes on.

David

david · Joined: 01 Mar 2009 Posts: 52 Location: edinburgh

wullie,

Representations were submitted to the SCCRC per Mr John Carroll, Mr Gordon Jackson and Mr Jim keegan pertaining to "mens rea".

SCCRC concluded mens rea was not a point we could pursue and referred to viz Gordon V HMA in refusing this ground. Conversely, the SCCRC were actually investigating the Gordon case and treating it as an alleged miscarriage of Justice when using his case to turn us down. They referred his case shortly after.

Astonishing and questionable.

If I was to apply to the SCCRC again I don't believe they would give the Mens Rea ground the light of day - considering they allegedly investigated this point already. If only I had obtained a percentage of the wasted £2 million that was allocated to Megrahi then perhaps my case would have been fully investigated and I wouldn't have had to challenge them in the Court of Session.

There is more fresh evidence in the case and hopefully another application will be formulated ASAP.

David

scotkaz · Joined: 28 Aug 2008 Posts: 526

I added this article into the Daily news section

http://edinburghnews.scotsman.com...rial-told-woman-agreed.5715034.jp

Thought it would be of interest to watch the outcome of this case
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

scotkaz · Joined: 28 Aug 2008 Posts: 526

Lives 'ruined' by rape allegation

A group of men cleared by a jury of gang raping a 21-year-old woman have called for their accuser to be named.

Currently, the Scottish media do not name victims of alleged sexual offences.

The jury at the High Court in Perth found Steven O'Rourke and James Hyndman not guilty of raping the woman.

Co-accused Robert Miller and Ryan Dunn had earlier been cleared of the same charge after the Crown dropped proceedings against them.

Speaking outside court at the end of a nine-day trial, Mr Dunn said it was the four men who were the victims. He said: "It is completely unfair that we have all been named and been made out to be animals when it was all a pack of lies.

“ She should be the one in the dock for making all of this up ”
Ryan Dunn Man cleared of rape claim

"She is just an attention-seeker and she should be named and shamed for what she has done to us. It has ruined our lives while it has been hanging over us.

"It has affected not just us, but our families and friends as well. She should be the one in the dock for making all of this up."

The woman, from Bathgate, claimed she had been gang-raped by four men at her former home in the West Lothian town on 11 February and that they had threatened to kill her.

The High Court in Perth heard that the woman had invited them all back to her home and then engaged in group sex with three of them.

Mr Dunn revealed that the group sex had ended when the woman, who admitted downing several vodkas, bourbons and apple liqueurs, became concerned about her kitten.

He said the change in atmosphere led to the men throwing items out of the fourth floor window, which sparked the woman's call to the police.

But the jury preferred the men's account that she had consented to intercourse with three of them.

Consent advice

A spokesperson for the Crown Office said: "After consideration of all the facts and circumstances, Crown Counsel decided there was sufficient evidence to indict James Hyndman, Steven O'Rourke, Robert Miller and Ryan Dunn for assault to severe injury and rape.

"As the trial progressed, Crown Counsel reached the view that the evidence available to the court was insufficient in law to continue proceedings against Robert Miller and Ryan Dunn, and accordingly the libel against them was withdrawn.

"There was sufficient evidence for the charges against James Hyndman and Steven O'Rourke to be considered by the jury. The verdict was entirely a matter for the jury."

Jan Macleod, from the Women's Support Project in Glasgow, said: "This case highlights how important it is that men are absolutely clear about when a woman has given her consent.

"This is especially true when it involves a group of men and one woman."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/...nd/edinburgh_and_east/8299809.stm

Published: 2009/10/09 17:29:21 GMT

scotkaz · Joined: 28 Aug 2008 Posts: 526

Cleared rape accused seek change in law

Published Date: 09 October 2009
A GROUP of men cleared by a jury of gang raping a 21-year-old woman in Bathgate have called for the law to be changed so their accuser can be named in public.
The jury today found pub bouncers Steven O'Rourke and James Hyndman not guilty of raping the woman, who cannot be identified for legal reasons.

Co-accused Robert Miller and Ryan Dunn had earlier been cleared of the same charge after the Crown decided to drop proceedings against them midway through the trial.

Outside court, Mr Dunn said: "It is completely unfair that we have all been named and been made out to be animals when it was all a pack of lies.

"She is just an attention-seeker and she should be named and shamed for what she has done to us. It has ruined our lives while it has been hanging over us.

"It has affected not just us, but our families and friends as well. She should be the one in the dock for making all of this up."

The woman, from Bathgate, claimed she had been gang-raped by four men at her former home in the West Lothian town on 11 February and that they had threatened to kill her.

But the jury at the High Court in Perth preferred the men's account of the evening – that she had simply invited them all back to her home and then willingly engaged in group sex with three of them.

Mr Hyndman said: "It has been the worst eight months of my life. It's been really hard. I have had sleepless nights because it has been hanging over me all the time."

He admitted throwing the girl's TV out of the window, and said he should not have been at the flat at all as he had a girlfriend with a young baby at home.

But he said that the "victim" had been a willing participant throughout the group sex and had made up her claims afterwards because she was afraid of losing her council flat.

Mr Dunn, 17, Bathgate, and Robert Miller, 20, Edinburgh, were previously cleared after Advocate Depute Joanna Cherry told the High Court in Perth she was not seeking convictions against them.

Mr O'Rourke was found not guilty of stealing her underwear, but the jury found him guilty by a majority of breaching the peace by shouting and swearing. The Crown did not insist on him being sentenced for that offence.

http://edinburghnews.scotsman.com...pe-accused-seek-change.5719546.jp

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

It has been a long held opinion of mine that if the man or in this case men, are mentioned so should the accuser.
_________________
“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

david · Joined: 01 Mar 2009 Posts: 52 Location: edinburgh

These men should put posters up in bathgate branding this evil thing a rape liar. Why should this criminal get protection from a law that is biased towards men.

I would urge the men wrongly tried for this to pursue the crime of perjury committed by the complainer - although going by previous sentences dished out to rape liars, a custodial sentence of more than a year is being very hopeful.

The police and the crown should have a lot to answer in this case. Why was this prosecution pursued when it appears there wasn't even enough corroboration against all accused. Two of the innocent men walked free during the trial because of a lack of evidence. That suggests to me that the Crown were being over-zealous in trying to obtain a false conviction. Then again, its my opinion that the crown will pursue any rape allegation even if they know it to be false. Just to help the conviction stats.

Also, the MSP's who believe this female should remain anonymous should be ashamed of themselves and are not fit to represent members of the scottish public. It is astonishing to support a rape liar's anominity. The conviction stats for rape are alarming but surely someone has to ask the question - How many of these allegations are false? Highlighting these false rape claims would deter other false claims and boost conviction rates.

David

http://www.freewebs.com/ferniesidethreecampaign/