shirleymckie.myfastforum.org

allan mcleod · Joined: 10 Jun 2007 Posts: 86

Was evidence with held in the case of Peter Manuel ??

http://news.bbc.co.uk/1/hi/scotland/north_east/7374285.stm

Big Wullie · Joined: 25 Apr 2007 Posts: 548 Location: Glasgow

Apparently So Allan

If this new article in todays Scotsman also suggests then Crown are still up to their old tricks on disclosure:

http://thescotsman.scotsman.com/s...gnore-medical-evidence.4038347.jp

A Crown Office spokesman said: "The documents concerning any psychiatric examinations would have been the responsibility of the Secretary of State for Scotland and therefore we can't release them."

The above was taken from todays article yet in yesterdays herald the Justice Secretary Mr MacAskill was declaring Disclosure for all

Fairer disclosure we where promised here:

http://www.theherald.co.uk/news/n...roader_right_to_know_evidence.php

So who is right and will disclosure be afforded to all equally?

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

I have been told Wullie that the Crown are not going to stand in Brendan dixons way of getting Disclosure, but it will take three months to go back to court.
they know they have messed up and are playing for time. it looks like they are running scared to me!

could all please sign the below petition.

http://gopetition.com/petitions/g...osure-to-scottish-defendants.html

WILL THEY KEEP THEIR PROMISE?

If not it will be labour who will gain after the snp saying they would, before they came to power in Scotland

JUSTICE MUST BE JUSTICE!

[b]Improving justiceThe decision by the Scottish Government to bring in new legislation requiring disclosure of more information to defence lawyers is long overdue. For the first time, a clear definition of the legal requirements for disclosing evidence will be backed by a statutory code of practice and a system for notifying defence agents about material that has not been disclosed, bringing the Scottish system into line with similar jurisdictions elsewhere.

This adopts many of the recommendations of an independent review under Lord Coulsfield, set up after two men had convictions for assault and robbery quashed on the grounds that the Crown had failed to disclose vital documents and that this breached the European Convention on Human Rights. Since then, the practice has been to disclose police statements of defence witnesses as well as previous convictions and pending cases for certain witnesses. Giving this guidance a legal framework makes such miscarriages of justice less likely in the future.

The more challenging part of the new legislation will be the introduction of a system of public interest immunity (PII) hearings to arbitrate on whether sensitive information, which could compromise security or otherwise be against the public interest, should be disclosed. It is, however, urgently required. A hearing is to take place at the end of this month on whether the defence team representing Abdelbaset Ali Mohmed al Megrahi, the Libyan convicted of the Lockerbie bombing, can have access to a document thought to contain vital information about the timer which detonated the bomb. The UK Government has previously said the document cannot be disclosed for reasons of national security. The hearing, affecting Scotland's highest- profile case, will take place before the new system can become law. On the issue of PII, there is agreement only on the difficulty of setting up a mechanism which provides a fair means of balancing what are usually irreconcilable differences. However, a legal framework which allows material to be withheld on grounds of public interest must have a robust means of challenge.

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The public interest can range from national security to the protection of witnesses, but any system in which decisions about what should be withheld and why are made unilaterally has an irreparable weakness at its centre. A hearings system takes an important step towards greater balance, but experience elsewhere shows that there is no perfect template. It will be possible in highly sensitive cases for PII hearings to take place without the defence being present or notified. Lord Coulsfield, who was one of three judges who presided over the trial of Megrahi at a Scottish court convened in the Netherlands, has said that this procedure should be discouraged "except for the most unusual cases". Nevertheless, it will cause considerable concern among defence lawyers, who can point to the fact that it was the lack of clear, statutory procedures which brought about the need for this legislation.

A fair trial is the basis of our criminal justice system. The introduction of new, fairer requirements are a welcome boost to one of the basic principles of civilised society
[b]

http://justice4killie2.blogspot.com/

Please send Brendan some cards to let him know he is not alone in this fight for Justice. Brendan is Irish and loves Celtic FC.

Brendan has some problems with reading and writing but someone will read anything that is written to him. But anything he gets be it postcards or letters, will be appreciated.

He has no one except his brother in law who is fighting his case alone. This is a miscarriage of justice here in Scotland and there is some time to go before things happen for this guy sadly,
Brendan Dixon

HMP DUMFRIES

PRISON NUMBER 1458C2

TERREAGLES STREET..

DUMFRIES.

SCOTLAND.

DG298X

More info on the case on this link

http://torley.org/The-News/Genera...ome-cards-to-Brendan-1431-45.html

Justice Delayed is Justice Denied. Free The Killie 2.

Brendan Dixon and Patrick Docherty.

Big Wullie · Joined: 25 Apr 2007 Posts: 548 Location: Glasgow

Great News Freethekillie2

Lets hope they keep their word, Remember they told Big Mac's Nephew the same at the hearing but i don't know if they have disclosed the evidence he was seeking in full yet.

Lets also hope the Justice Secretary has a go at Crown Office for withholding the documents in my own case for years.

It is absolutely ridiculous that people like ourselves have had to endure years of frustration trying to prove our innocence when all along Crown had the evidence from day one.

Disclosure is a must for all criminal cases.

Please inform us all later when it actually happens and what new evidence comes to light as a result of disclosure

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

Another cracker from the justice system.

http://www.theherald.co.uk/news/n...it_ban_on_basis_of_secret_job.php

Big Wullie · Joined: 25 Apr 2007 Posts: 548 Location: Glasgow

Great Article

It certainly shows up the judicial system for what it is.

Could he have been saying for example:

"We are long lost brothers"

Anything said and done in Court has always (Allegedly) been deemed public knowledge.

There are cases though that are deemed too controversial to make public knowledge (Don't ask me why) even appeals are sometimes deemed "Not Reportable" and this seems only to happen when cases would tend to open floodgates.

A very dangerous precedent right enough.

Time all cases were made available to the general public

kevin donald · Joined: 29 Oct 2007 Posts: 87

With thought and regret i have decided to pull out of the Killie2 campaign. I have had no help in the campaign from Patricks side and think it is time to put all my resources into Brendan and helping him win his freedom and get on with a normal life.
so hence i will only campaign for Brendan Dixon as of now. I wish Patrick all the best in his fight for freedom i know he will gain it as will Brendan.

all i can say is i dont think Patrick Docherty was involved in the murder of Margaret Irvine. AND A KILLER OR KILLERS STILL STALK THE STREETS OF KILMARNOCK! and many know that i am sorry if i have hurt anyone with my decision.

kevin donald · Joined: 29 Oct 2007 Posts: 87

I know everyone will think i have flipped my lid but it was never my intention from day one to campaign for Patrick Docherty and Brendan Dixon as the Killie2 and the hundreds of e-mails i sent proves that it was only Brendan that is mentioned in the copies who gave advice, about how to tackle a miscarraige of justice many who had seen it and done it.

It was by chance that it ended up the Killie2 and was never instigated from Brendan or his family only things beyond our means on Brendans half regarding a letter Brendan got from a charity which i contacted. I hope Patricks family come out and support him now and help fight for his release. by that i mean his family in Kilmarnock.

I have no grudge to bear with Patrick Docherty or his Family and i make that clear. that is not my intention. the intention is to find out who killed Margaret Irvine. get justice for her first and foremost.

and to see if the Police investigated the murder in the proper procedure and that the Crown handled the case to the best of their abilities, and left no stone unturned in evidence gathering.

http://justiceforbrendandixon.blogspot.com/

Brendan had a visit from his Qc yesterday 5/6/8
he is looking forward to going to london to the Privy Council and said it doesnt happen often Mcdonald was refused. so it will only be Brendan.

kevin donald · Joined: 29 Oct 2007 Posts: 87

Further to Brendan Dixon having a hearing with the Privy Council.

Why does the Lord Advocate want to make sure the dates suit her so she can attend.
is she scared that it could set a predecence that by-passes Scots law on appeals
and lets London deal with them.

or is she scared of what could come out that would affect the running of her office
and put questions out about the running of the Scottish Justice System in doubt.

JUSTICE4BRENDANDIXON.

kevin donald · Joined: 29 Oct 2007 Posts: 87

The dynamic duo do it again!

Well done Lord Hardie.
Advocate-depute Brian McConnachie QC.

ANOTHER CASE SOLVED.ON CIRCUMSTANTIAL EVIDENCE.

http://news.scotsman.com/latestne...Exsoldier-Michael-Ross.4207543.jp

http://www.theherald.co.uk/news/n...waiter_execution_14_years_ago.php

The major breakthrough came when William Grant walked into Kirkwall police station in 2006 with a note saying he had seen the killer on the night of the murder.

Why did Mr Grant wait so long before going to the police?