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Iain McKie
Joined: 08 May 2007 Posts: 192 Location: Ayr, Scotland.
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Posted: Fri Nov 30, 2007 9:27 pm Post subject: SCRO Judicial Enquiry |
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It looks as if the SCRO experts who have moaned for years about wanting their day in court are about to have their prayers answered.
In a response to SCRO supporter MSP Des McNulty yesterday Kenny MacAskill gave a clear undertaking to hold an enquiry that would have teeth.
| Quote: | McKie Case (Judicial Inquiry)
5. Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what progress is being made in establishing a full, public judicial inquiry into the McKie case, as promised by the Scottish National Party prior to the election. (S3O-1417)
The Cabinet Secretary for Justice (Kenny MacAskill): We will establish a full public judicial inquiry to get at the root of the confusion, concern and controversy that have persisted for a decade. We are working hard on the details and I expect to be able to make a full statement to Parliament in a few weeks' time.
Des McNulty: The minister will be aware that four members of the fingerprint service staff were placed in an impossible position. Repeated inquiries showed them to be innocent of any misconduct, but they were prevented from carrying out their normal work. Will the minister ensure that the inquiry's remit is such that all aspects of the case can be considered, including the inadequacies of the Mackay inquiry?
Kenny MacAskill: It would be inappropriate for me to comment on the specific remit of the inquiry as it is under review, discussion and negotiation with the person who will carry it out. However, I can say that this Government is coming at the issue from the perspective that a manifest injustice was done to Ms McKie. Mr McNulty was a member of the Administration that paid a substantial amount of taxpayers' money to Ms McKie because of that injustice, and we will not move from the position that something went seriously agley. We need to work out why it happened and why that injustice was perpetrated so that we can ensure that what happened to Shirley McKie does not happen to anyone else.
Alex Neil (Central Scotland) (SNP): I remind the Cabinet Secretary for Justice that, contrary to what Mr McNulty said, one inquiry recommended taking criminal action against the officers concerned. When the cabinet secretary draws up the inquiry's remit, will he ensure that it does not make the same mistakes as the parliamentary inquiry and that it considers all the issues around the misidentification of the fingerprint?
Des McNulty: On a point of order, Presiding Officer. Alex Neil's statement is absolutely outrageous. He cannot make such a statement in this Parliament. We have a ruling from the previous Presiding Officer on what can be said in connection with the McKie case. Alex Neil is clearly in breach of that ruling.
The Presiding Officer: I am advised that that ruling was on a sub judice issue, Mr McNulty. I invite the minister to continue.
Kenny MacAskill: As with the answer that I gave to Mr McNulty, it would be wrong to comment on the precise details of the remit that is currently being worked out. However, I can give Mr Neil the assurance that I gave to Mr McNulty: we take the view that a manifest injustice was perpetrated against Shirley McKie. We regret that and we need to work out why it happened, why it cost the taxpayer money and—more important—why she and her family went through the trouble that they did. It is not a matter of carrying out a witch hunt; it is about working out what went wrong, particularly to ensure that such injustice is not replicated or perpetrated against anyone else as a result of errors in Scotland. Whatever irredentists might say, we will try to work out what went wrong and ensure that it never recurs. |
Video link: http://www.holyrood.tv/library.as...%20Question%20Time§ion=52 ( General Question Time - 29.11.07 : 09.55 minutes in)
With Fred’s acquittal in South Africa and Allan’s success in his battle with Chief Constable Latimer of Northern Constabulary it has been a good couple of days for those fighting for justice.
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PeterCherbi

Joined: 23 May 2007 Posts: 147 Location: Edinburgh
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Posted: Sun Dec 02, 2007 12:23 am Post subject: |
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Hi Iain
Glad to hear it, and good to see the SNP starting, albeit slowly, to adhere to their promises on a judicial inquiry into Shirley's case.
It will not only be interesting to see the eventual remit of the inquiry, but how it was hammered out too ...
I hope the days of 'trying' to do something have ended, and the doers win the day this time around ... The power now rests with the SNP, so they have the chance to do something that no administration before them has done so far in Scotland ... _________________ My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi
Injustice Scotland Campaign website : Injustice Scotland |
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Big Wullie
Joined: 25 Apr 2007 Posts: 550 Location: Glasgow
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Posted: Sun Dec 02, 2007 2:13 am Post subject: |
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Judicial Enquiry
Let us not get too excited and wait for the remit.
I have learned over the years that if you do not expect too much then you will not be disappointed when not much happens.
People like McNulty who support SCRO workers do not look forward to any such enquiry, despite what they say.
They know this time they will have to give evidence under oath.
They know this time there maybe charges to follow.
We all know Angiolini has tried her best not to have this enquiry, After all it was her peers who created this situation. She has openly tried to have the remit lessened, Lets just wait for this and see what happens.
I must say i am delighted at recent events and yes it would seem SNP are up for the job.
Mr MacAskill it is up to you to see that our rights are respected and you are overdue on the remit thing and who will chair such enquiry.
I am hoping whoever it is will be independent.
My expectations are not too high but real and my instinct tells me the remit will not be what is hoped for in order to protect Judiciary. |
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Big Wullie
Joined: 25 Apr 2007 Posts: 550 Location: Glasgow
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Posted: Sun Dec 16, 2007 6:38 pm Post subject: |
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SNP Running Scared
http://scottishlaw.blogspot.com/2...-criminality-as-snp-fears-of.html
As the Scotsman story highlights today the SNP have backtracked and reneged on their promises to fully look into this fiasco.
So much for Salmond and MacAskill's promises.
I think the reason it has taken so long is the fact they now need to address the issues of the after effect of such Enquiry, Something they never had to think about until they took power.
Before taking office as many do, they promise the world, it would now seem SNP are no different despite their promises.
Lets hope some other SNP MSPs will find this totally unacceptable and petition the Justice Secretary demanding his resignation.
It is noticed that the Scotsman has not seen fit to allow comments but for the ones on these forums there is always Scottish Law Reporter by Peter Cherbi and we can comment there:
https://www.blogger.com/comment.g...66&postID=6948633167344815933
You do not have to leave your e-mail address and can remain Anonymous even, if you wish.
Please comment |
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Iain McKie
Joined: 08 May 2007 Posts: 192 Location: Ayr, Scotland.
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Posted: Sun Dec 16, 2007 8:35 pm Post subject: |
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I have no doubt there will be an enquiry. My concern is that its remit allows examination of all the relevant issues without interference from vested interests. The more time that passes the stronger the belief that these interests are at work. This is the third Christmas our family has faced some sort of an enquiry in the New Year and there appears little understanding by our rulers of the pressure this puts individuals and families under.
What is clear is that the SNP has not managed to reform a justice system that is effectively run by civil servants. This much is clear from recent government responses to a number of Freedom of Information applications by others and myself. In every case the reason is the same – ‘not in the public interest’ - exactly the same excuse offered by their predecessors.
I believe that it is this culture that is preventing change and unless the Scottish Government take steps to change it things will continue as they always have.
Frustrating perhaps but even more reason to proceed with our plans for next year’s conference and organisation launch. This will require considerable effort and commitment and I hope we can encourage more people to contribute to this goal and to comment on this forum. |
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PeterCherbi

Joined: 23 May 2007 Posts: 147 Location: Edinburgh
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Posted: Mon Dec 17, 2007 3:12 am Post subject: |
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Agree with you Iain on that. I'm sure there will probably be an inquiry, but the vested interests will certainly be having a go to limit it's scope.
I think the trouble comes not just from the civil servants though, but interference from the legal establishment will certainly be playing a big part in these delays.
i hear, for instance, the new Scottish Legal Complaints Commission has suffered so much from Law Society interference there are many problems yet to be ironed out, to the point even that some of it's given remit may not be enforced at all at the insistence of a few within the Law Society.
Allowing professions to stall the progress of laws which either interfere with their business model or could do damage to their image by way of increased scrutiny is not the way forward, and at the moment, that is the image the SNP are projecting - business comes first and justice or the rights of the individual are immaterial.
If the SNP want to get ahead on this, without sounding like the last lot (although many feel they already do) they have to come out of their shell and make policy now, not keep prevaricating the issues just to save themselves or prevent adverse political fallout.
I too look forward to next year's conference and to get the issues of justice & injustice moving in Scotland.
I hope that many Scots come on board the campaign, because after all, it's our country, our Scotland, and those who profess to be our voice, are just not doing the job, or giving the appearance they are up to it. _________________ My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi
Injustice Scotland Campaign website : Injustice Scotland |
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Iain McKie
Joined: 08 May 2007 Posts: 192 Location: Ayr, Scotland.
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Posted: Mon Dec 17, 2007 3:32 pm Post subject: |
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As ever Peter your posting makes a lot of sense.
The enquiry remit will tell us a lot about the mind-set of the new administration and whether it is willing to blow away the cobwebs and allow us a close look at the political and prosecution decision making process.
For a number of reasons it is planned to put the conference back until September/October. It is hoped that the parliament might be the venue with strong university input.
I will however be preparing a discussion paper for the interested parties to comment on and will post it on the forum for reaction.
If change is going to result I believe it must be generated close to the centre of power in Scotland with the decision makers involved. Without them on board ready to listen change will be unlikely.
I appreciate a number of our contributors might have reservations about this and I look forward to their comments. |
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Big Wullie
Joined: 25 Apr 2007 Posts: 550 Location: Glasgow
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Posted: Mon Dec 17, 2007 11:12 pm Post subject: |
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Iain & Peter
Great contributions as usual, if the Conference has to be put back till September/October in order to gain the use of Parliament as a venue and maximum support then i am fine with that.
I await the discussion paper with great eagerness and anticipation.
As for the enqiry into (SCRO) Scottish Criminal Records Office and the remit for the enquiry i agree with peter on the issues of intereference from the Legal Establishment, They have always been up in arms over any Enquiry and have done their utmost to limit such remit.
The question is: Are SNP going to allow this to continue?
Are they going to cover up Labours mistakes therefore acting "art and part" to injustice or will they have the "Guts" to be open and honest and hold a full enquiry with maybe a remit starting with the injustice all the McKie's have suffered.
I can understand their concern whren one of the (SCRO) in disguise of Daktari continues to comment on another forum with comments like:
They were advised not to give evidence because it would have compromised other witnesses evidence.
They were still being advised by "Executive Lawyers" to continue to deny any wrongdoing when, Wee (Joke) McConnell was saying in Parliament: It was an honest "Mistake"
Then there is the fact: That one of SCRO staff not only signed her own signature on this Y7 print but: She also signed another two experts signatures.
Her excuse apparently for committing this fraud was: She signed their names because she knew they (Another two experts) had looked at the print
Very Very Alarming stuff for SCRO.
I for one cannot wait to see the remit to see how deep this probe will be allowed to go |
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Big Wullie
Joined: 25 Apr 2007 Posts: 550 Location: Glasgow
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Posted: Mon Dec 17, 2007 11:15 pm Post subject: |
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Public Interest
It is in the public Interest (That has been used against many seeking disclosure) to see that justice is done and seen to be done, nothing else will do. |
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Iain McKie
Joined: 08 May 2007 Posts: 192 Location: Ayr, Scotland.
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Posted: Thu Jan 10, 2008 4:11 pm Post subject: |
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Despite the frustrating delay in the enquiry announcement it appears as if the remit has been decided and things are still on track. Apparently there has been some delay in agreeing dates but this will soon be resolved.
I continue to have faith in the SNP to deliver a viable enquiry with the power to examine the previously unexaminable.
Politicians, the Lord Advocate, police and experts have questions to answer. Hopefully it wont be long before answers are given under oath.
Apologies for the delay in announcing the conference date but I hope to have this information soon. |
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