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PeterCherbi · Joined: 23 May 2007 Posts: 147 Location: Edinburgh

An issue related somewhat to disclosure, is of course the actual record of court proceedings in either criminal or civil cases where, later on, particularly in criminal cases, what happened in court at the time caused a miscarriage of justice.

I have noted over time, certain 'inconsistencies' in the records of the actual events in a court, compared with what Counsel may argue took place at a later date, when a client takes issue with things such as defective representation or negligent legal service.

I recall one particular instance where the records of the court identified particular counsel to be present, and a pursuer, who was not, neither was one of the identified counsel, stated as being "present" in court papers ... not a fine example for Scots Law, and one I'm sure has relevance to both Criminal and Civil cases ...

There is a petition at the Scottish Parliament which may prove interesting, calling for audio records of court proceedings in civil matters for those who have support needs or suffer from illness which may impair their recollection of events or ability to express matters fully later on.

The petition is here : http://epetitions.scottish.parlia.../view_petition.asp?PetitionID=225

I think it may be useful to consider the issue that audio recordings of all cases should be made available, or at least the service offered to criminal or civil cases which reach court, to maintain an accurate record of events in event of dispute later on ... perhaps others could come up with further ideas or proposals ...

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My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi

Injustice Scotland Campaign website : Injustice Scotland

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

Good petition, and so true, in my ordeal and unjust, for Contempt of Court my lawyer said i was put under extreme pressure as was Margaret Marie Dixon, the only ones in my
QC Mr Barr's opinion. when he listened to tapes of the evidence.

I ended up as i called it doing the mile as i was shifted from High Court to High Court for more than a year even attending perth on april fools day to find the judge not there. then told to go home.at the court of sessions.
and hearing a court advocate saying the judge had a vendetta against me.
before the judge entered court 6.

when the killie2 case was on i was placed infront of the jury in the case
in the public benches. where i should not have been. i was ordered by the judge to turn up everyday and not leave court till end of day.
where i would wonder around kilmarnock high court for all to see.
and speak about. even family members, of Mrs Irvine. and the jury.
think they thought it funny me being made a court jester!

who is the court jester now?