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Recent Successful Appeals In Scotland
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Big Wullie



Joined: 25 Apr 2007
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PostPosted: Sat Dec 28, 2013 2:10 am    Post subject: Recent Miscarriage Compensation Win  Reply with quote

Compensation Victory For Miscarriage.

http://www.scotcourts.gov.uk/opinions/2013CSOH204.html
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david



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PostPosted: Sat Dec 28, 2013 2:36 am    Post subject: Reply with quote

Well Done Mr Uttley.

The Scottish Government should be ashamed of themselves. Absolutely scandalous that being wrongfully convicted (fresh evidence) and locked up with paedophiles, necrophiles, gerontophiles, child killers and serial killers doesn't entitle an innocent man to compensation.

One isn't too surprised by a SNP Government which has a tunnel vision approach in their war against alleged rapists. They are not interested in men being horrendously wrongfully convicted. Therefore, they are not interested in justice in broader terms. The reforms they currently suggest are going to cause more Miscarriages of Justice.

The complainer in Mr Uttley's case would have been awarded compensation. She would have been entitled to compensation even if there wasn't a conviction.
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david



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PostPosted: Thu Jan 16, 2014 5:46 pm    Post subject: Reply with quote

Monk Mark Paterson has indecent assault conviction overturned

http://www.bbc.co.uk/news/uk-scot...rth-east-orkney-shetland-25761166

It appears there was grave doubts on this conviction in the first place

http://news.bbc.co.uk/1/hi/scotland/4619446.stm

Quote:
In a statement, the University Catholic Society said it believed a serious miscarriage of justice had occurred.

It claimed that no members of the society were allowed to give evidence in the monk's defence.
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Big Wullie



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PostPosted: Fri Jan 17, 2014 2:36 am    Post subject: Reply with quote

Another defective representation hidden from the public.

http://www.sccrc.org.uk/viewfile.aspx?id=555
Quote:

The Commission has decided to refer the case to the High Court because it considers that there may have been a miscarriage of justice in respect of the representation he received and potential fresh evidence now available.

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david



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PostPosted: Sat Jan 25, 2014 1:29 pm    Post subject: Reply with quote

more information on this case can be found here




http://www.catholicworldreport.co...tion_overturned.aspx#.UuO7kxBFDIU


Why isn't this judgement published?
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Big Wullie



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PostPosted: Sat Jan 25, 2014 2:22 pm    Post subject: Reply with quote

I do not understand how this has been hidden from the public view.

I also wonder if he had anyone that was getting red masses from Cardinal O'Brien listening to his appeal.

It also strikes me that his appeal is very similar to my own in that witnesses who should have been called were not called and wonder who his defence team was.

____________________________________________________________

The CWR Blog
 
Catholic Chaplain’s Conviction Overturned

The 2006 conviction of Fr. Mark Peterson for sexual assault overturned in Edinburgh’s High Court

January 20, 2014 12:00 EST

By Dorothy Cummings McLean


The 2006 conviction of Carmelite Father Mark Paterson for sexual assault was overturned last Thursday in Edinburgh’s High Court.  Father Paterson, 55, had been the Catholic Chaplain of the University of Aberdeen. After his conviction, his priestly faculties were suspended.

The university’s Catholic Society maintained that there had been a gross miscarriage of justice. Father Paterson appealed his conviction on the grounds that he did not receive a fair trial, due to the negligence of his solictor and the advocate who had represented him.  For example, three important witnesses had not been called to give their testimony in Father Paterson’s defense. Only at this week’s appeal were two of the witnesses allowed to testify. The third witness had died. However, a fourth witness had emerged to give dramatic, even explosive evidence on Father Paterson’s behalf.
 
The court heard testimony from Dr. Alan Fimister, a graduate of Aberdeen University, that the complainant, a non-student in her late thirties, blamed Father Paterson for the sudden removal of his elderly assistant, Father Kelly, with whom the complainant had enjoyed a close, if occasionally volatile, relationship. Dr. Fimister testified that the complainant believed that Father Paterson’s departure from Aberdeen University would lead to Father Kelly’s return.

The second Aberdeen witness, Ms. Emma Williams testified that she had heard the complainant telling obviously false nasty sex-themed stories about Father Paterson and others. Ms. Williams characterized the complainant’s attitude towards Father Paterson as “vicious.” She too had perceived that the complainant believed Father Kelly’s return would follow Father Paterson’s removal.

However, the most dramatic evidence was given by  Mrs. Mary McIlroy of Dunbarton. The sole witness to the alleged sexual assault was believed at the time of the trial to be the complainant’s mentally disabled sister Rosie.  Dr. Fimister and Ms. Williams both testified that the complainant, who dominated and even spoke for Rosie, claimed Rosie was her sister.  Mrs. McIlroy testified that Rosie was in fact her own daughter Bernadette.

Bernadette has severe learning disabilities and was dependent on her family’s care before she was befriended by the complainant. Mrs. McIlroy testified that the complainant had exerted great influence over Bernadette to the extent of convincing her to leave first her family and then her hometown with her. Mrs. McIlroy had no clue as to her daughter’s location until after she heard of her involvement in Father Paterson’s trial. She testified that the biographical details Rosie/Bernadette told the police were fictional.

Mrs. McIlroy stated that she was devastated by her daughter’s disappearance. After she described tasks she had done for Bernadette, she was asked if she had been her daughter’s “carer,” (a British term denoting someone paid to care for a disabled person).  Taken aback, Mrs. McIlroy replied, “No, I was not her carer. I am her mum.” She has not seen Bernadette for over fifteen years.

The Crown conceded the case on Thursday morning, and the court squashed the conviction. Afterwards Father Paterson said he was delighted that his eight year ordeal was over: “I’m over the moon!”
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Big Wullie



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PostPosted: Sat Jan 25, 2014 2:26 pm    Post subject: Reply with quote

Quote:
The Crown conceded the case on Thursday morning, and the court squashed the conviction. Afterwards Father Paterson said he was delighted that his eight year ordeal was over: “I’m over the moon!”


Of course the Crown is led by Frank Mulholland who was one on the list including others in the judiciary that was getting special red masses from O'Brien so not any real surprise as head of Crown Office he concedes this appeal.
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Big Wullie



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PostPosted: Mon Feb 17, 2014 6:37 pm    Post subject: Right To Legal Representation (Cadder) Reply with quote

Ross Duncan Paul V HMA:

(Cadder) Right to legal representation.

http://www.scotcourts.gov.uk/opinions/2014HCJAC13.html

Quote:
It is accepted, as we understand it, that he was indeed in need of the presence of a solicitor at that point. It was his right to demand it. The officers however persisted in their questioning, not only in the unfair way described by Lord  Emslie, but also in a way which demonstrated an intent to deny the appellant his right,

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david



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PostPosted: Tue Jun 03, 2014 10:13 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/sear...d88a6-8980-69d2-b500-ff0000d74aa7

Quote:
[13] The grounds of appeal may be summarised by saying that the appellants contend that the sheriff misdirected the jury by (i) placing undue emphasis on the evidence supportive of the prosecution case and omitting to give appropriate weight to the defence evidence; and (ii) by imparting to the jury his own views on the credibility or reliability of witnesses, in particular, the credibility or reliability of the appellants.


Frequently, judges direct juries and refer to prosecution evidence when describing corroboration and other important directions but fail to refer to defence evidence when giving directions on Reasonable Doubt. The charge to the jury is therefore unbalanced and can lead to Miscarriages of Justice
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Karen



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PostPosted: Wed Jun 25, 2014 12:33 pm    Post subject: Reply with quote

http://www.scotcourts.gov.uk/sear...591a6-8980-69d2-b500-ff0000d74aa7

Finally, this is not a case where there can be confidence that the identification evidence would have carried the day without the addition of the evidence of the appellant’s admissions at interview, notwithstanding that there was a sufficiency in the identification evidence alone.  There were challenges to it which could have raised doubts as to its soundness.  In those circumstances, the need for the appellant to be able, in fairness to him, to lay before the jury all that he had to say about his admissions to the police, was highlighted.  He was, however, prevented from doing so.

[32]      In all these circumstances, we are satisfied that a miscarriage of justice has occurred and we will, accordingly, quash the conviction.


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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.