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shirleymckie.myfastforum.org To allow readers to post comments on current issues related to the Shirley McKie case
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Lydia
Joined: 06 Nov 2008 Posts: 82
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Posted: Wed Mar 25, 2009 12:29 pm Post subject: |
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I checked the Frontline Scotland website it seems it has not been active since 2004 no news of why not.
_________________ We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem. |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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Posted: Wed Mar 25, 2009 5:40 pm Post subject: |
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Lydia
You might find it here:
http://justicefornatfraser.webs.com/
I have been studying the Fraser case recently, looking and readuing his appeals etc and come across this startling fact.
The appeal was refused on the premise that Fraser had room to place the rings back in the bathroom but according to this article I read the Police took the rings and placed them there a week later:
http://www.flickr.com/photos/26453069@N02/3384787643/sizes/l/
Why have the High Court ignored this fact ?
Are the High Court Suggesting the police gave the rings to Nat Fraser to return to the Bathroom.
The appeal needs to be listened to here to grasp what I am saying:
http://www.truveo.com/Fraser-loses-murder-appeal/id/3301450947
After this short Video of Lord Johnston click on full appeal above
Best Wishes
Wullie
Last edited by Big Wullie on Thu Mar 26, 2009 1:06 am; edited 1 time in total |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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Posted: Wed Mar 25, 2009 6:12 pm Post subject: |
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Scotkaz
| Quote: | | Do juries here in Scotland get asked if they have read or heard anything about the case prior to being selected? |
Juries to my knowledge here are never asked if they have any prior knowledge of the case they are about to judge.
Here is a question for everyone:
If we are all now part of Europe, how can an accused in England get legal representation while being questioned by Police but here in Scotland we are not even allowed to Phone a Lawyer prior to Interview never mind have him present while being Questioned.
Is our Right to a fair hearing not being breached in this respect and why haven't our Judiciary been challenged on this issue ? |
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Lydia
Joined: 06 Nov 2008 Posts: 82
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Posted: Wed Mar 25, 2009 6:33 pm Post subject: |
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Thanks wullie and good point above too _________________ We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem. |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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Posted: Thu Mar 26, 2009 1:19 am Post subject: |
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Lydia
The more I watch and read about Fraser the more depressed I get with our Judicial System.
Our Judges have actually stated that the evidence from the two Police that the rings were in the house at the first search would have enhanced the Crowns Case against Fraser.
Bear in mind the chief prosecutor (Now Lord Turnbull) has stated he would have fainted had he heard about the police evidence of the rings.
The Judge directed the jury that if there was no rings there was no case to answer (Though they have said this was a misdirection) but what about the Chief Prosecutor then ?
He stood up and proclaimed the rings where the basis for his case and paraded them in front of the Jury.
Edited here to include Lord Turnbull's Quote:
| Quote: | "The discovery of these rings represents one of the most compelling pieces of evidence that you will ever hear in a court in a case of this kind ... eight or nine days after her death these rings were removed from the dead body of Arlene Fraser and taken to the house to be planted on the dowel rail ... probably as some kind of shallow gesture in the mind of a panicking individual ... the finding of the rings is the cornerstone of the entire case against him ... it is a piece of explanation (sic) for which Mr Fraser has simply no explanation and it demonstrates his complicity and his guilt beyond any doubt"
Then came the following dramatic passage during which he held up the rings.
" ... ladies and gentlemen, these rings tell us that the dead body of Arlene Fraser was available eight or nine days after her killing for these rings to have been removed from her, so long of course as the person who did it knew where the body was hidden. This is the engagement ring of Arlene Fraser, this is the wedding ring and this is the eternity ring. These are the rings that he gave to his young wife and the mother of his children. How ironic that these tokens of love, of permanence and of fidelity should end up being his undoing because they are the undoing of a husband who became consumed by jealousy and greed and these rings tell us as eloquently and as powerfully as a witness who saw what happened that Nat Fraser killed Arlene. There is nothing satisfying about proving the guilt of this man because it changes nothing. It doesn't change the awful circumstances that Arlene's family live with and it doesn't change the awful circumstances that the children live with. But there is perhaps something inherently just in the way that after death something of Arlene's can reach back and ensnare the man who promised he would live with her forever and then took her very life just because it no longer suited his purposes. |
What about the evidence of the police woman being called a grass etc etc for coming forward ?
What about the evidence the police had the rings in his office.
Why is there a severe reluctance in these cases to attack the police investigators ? |
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Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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Posted: Thu Mar 26, 2009 1:47 am Post subject: |
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Taken from the Fraser appeal;
The Judge said:
| Quote: | | "On the other hand, ladies and gentlemen, [counsel for the accused] also placed a number of arguments before you, not least in his submission that you should accept the evidence of the accused in seeking to persuade you that you should not hold that the accused had placed the rings in the bathroom at 2 Smith Street on 7th May of 1998. Ladies and gentlemen, I have reached the view, having regard to the manner in which the advocate depute presented the Crown's case to you, that I should direct you that if you reached the view that you were not prepared to hold that it had been the accused who placed the rings in the bathroom on 7 May then in that event it would not be open to you to convict the accused. The advocate depute referred to the return of the rings as being the cornerstone of the Crown case. On that approach to the case and without the cornerstone you would not be entitled to hold that the accused had instigated and agreed with another or others prior to the last time that Arlene Fraser was known to be alive that she should be killed and in that event you would be bound to acquit him. That is because establishing a prior instigation and agreement is an essential element of the Crown case" |
Then Lord Turnbull (Chief Prosecutor) said:
| Quote: | | ... If in the course of the trial I had been shown the references in the correspondence or Lynch's precognition, then I honestly would have fainted, so inconsistent would it be with my thinking and my view of the evidence. If the Lynch precognition had come to light during the trial, however, then clearly the trial would have had to be deserted. |
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Lydia
Joined: 06 Nov 2008 Posts: 82
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Posted: Thu Mar 26, 2009 8:48 am Post subject: |
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Again though Wullie I am relying on media reports, but I remember reading that a member of the family stated that different members of the family stayed in the house and would have noticed the rings so what was to stop one of them placing the rings.
Was the house secure, was it kept as a crime scene. _________________ We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem. |
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scotkaz

Joined: 28 Aug 2008 Posts: 526
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Posted: Thu Mar 26, 2009 10:29 am Post subject: |
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Was the house secure, was it kept as a crime scene. |
Does not seem it was Lydia from what I read in the appeal. Seems it was a bit of a free for all in the searches of the house by various people.
See: http://www.scotcourts.gov.uk/opinions/2008HCJAC26.html
| Quote: | ] In the days that followed the disappearance, 29 police officers and forensic scientists were in the house. None reported having seen rings.
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Add to these 29 officers and forensic people :
Michelle Scott was a friend of Arlene's. Seems she did some searching herself in the house too.
| Quote: | | The advocate depute recalled Michelle Scott. She said that when she searched the house after the deceased's disappearance she could not find the deceased's three quarter-length jacket. It was of a mid-chocolate brown colour and had a small collar. This evidence was not challenged. |
| Quote: | | Some of the deceased's relatives arrived in Elgin on 29 April while the police searches were going on. On 30 April her mother and her husband, William Thompson, and her father and his wife, Catherine McInnes, moved into the house. |
| Quote: | | After she arrived in Elgin, Carol Gillies stayed nearby. She spent each day in the house from 7 am to 11 pm. She and the other family members made a thorough search of the house, including the attic. |
| Quote: | | The family members who gave evidence each said that in their search of the house they did not find any of her rings, either on the dowels in the bathroom or elsewhere. Carol Gillies said that she was in the bathroom regularly. She bathed Natalie there. She saw nothing on the dowels. Catherine McInnes was in the house every day from 30 April until 7 May. During that time she was in the bathroom on many occasions. She had cleaned the bathroom, including the sink, and washed her hands at the sink. She said that on all of these occasions the rings were definitely not there. |
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Angeline
Joined: 02 Oct 2008 Posts: 145
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Posted: Thu Mar 26, 2009 5:29 pm Post subject: |
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Once again, we have a case that's all smoke and mirrors. Every member of Arlene's family and friends could honestly say that, prior to the point when the rings re-appeared, they did not see them. They would not be lying or even mistaken, because, as we now know, the rings were not there.
But that's entirely beside the point. The rings were returned to the bathroom. That was never contested. All that was in question was who returned them, and we now know it had to be the police.
The family would never in their wildest imagination have expected the police to have removed the rings and then later returned them without telling them they'd done so, therefore, it was a very simple step to jump to the conclusion that it must have been Nat.
As Wullie pointed out, the judge at the original trial told the jury that, if they did not believe Nat was responsible for the return of the rings, they could not convict.
The outrageous behaviour of the appeal judges, in trying to claim that the question of who returned the rings was "insignificant" because there was other "substantial" evidence, is just outright wrong. The judge had instructed the jury, and both he and the prosecution referred to the returning of the rings as the "cornerstone" of the case.
Lord Osborne, during the Luke Mitchell appeal commented, "Cornerstones are dangerous things." Wonder just what he had in mind when he said that?
The "substantial" evidence to which the original judge referred in Nat Fraser's case was based almost entirely on the testimony of Hector Dick. Mr Dick, as you know, was originally the co-accused, but charges against him were dropped, and he went on to give evidence against Nat. How very convenient, don't you think?
The evidence about the other guy (sorry, forgotten his name) who was supposed to have procured the car in return for payment of £50 is laughable. Who in their right mind would get involved in disposing of the body of a murder victim for a paltry 50 quid?
Shameful. Makes yet another mockery of Scottish Justice. _________________ As long as one heart still holds on, then hope will never really be gone |
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Angeline
Joined: 02 Oct 2008 Posts: 145
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Posted: Thu Mar 26, 2009 5:39 pm Post subject: |
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Incidentally, a solicitor working on the defence of a very high profile case told myself and another, whilst discussing the Nat Fraser appeal that "The court knows Nat Fraser's guilty." Remember, this solicitor was supposedly working on the defence of another very high profile case. Could he/she be saying the same thing to others about the case he/she was working on?
What in God's name is a defence solicitor telling us in this statement? The court isn't supposed to "know" anything - both sides are supposed to lay out their evidence before a jury, and the course of due process brings about a decision of innocence or guilt.
The appeal court has even less right to "know" anything about the guilt or innocence of the convicted person - it is supposed to ensure that the trial was fair, and due process adhered to.
Personally, I believe this solicitor slipped up but gave us a fascinating insight into what really goes on in the corridors of legal powers.
At the moment, I cannot name the solicitor involved, but as soon as I am able to do so, I will.
_________________ As long as one heart still holds on, then hope will never really be gone |
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