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Have SCCRC Broken The Law, Section 194 J

 
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Tue May 20, 2008 2:23 am    Post subject: Have SCCRC Broken The Law, Section 194 J Reply with quote

According to Kenny MacAskill's answer to question S3W-12508 SCCRC have broken the law by releasing to me the following documents:

Names and Addresses of Jurors:

http://www.flickr.com/photos/big-wullie/467515951/sizes/l/

http://www.flickr.com/photos/big-wullie/467515939/sizes/l/

Documents relating to John Iain King:

http://www.flickr.com/photos/big-wullie/2356930170/sizes/l/

There are more documents regarding the above named but no need for me to show them, All in i think there are four pages to his appeal which were sent to me by SCCRC.

Mr MacAskills Answer below:

Justice
S3W-12508 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive whether it considers it to be in the public interest to disclose the names of solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.

Answered by Kenny MacAskill (Friday, May 09, 2008): Solicitors are not referred to the SCCRC. Once an application has been reviewed by the SCCRC it can be referred to the High Court.

When the court considers a case, the details of that case (including the names of any solicitors or other legal representatives involved) will be contained in any published opinion and will be a matter of public record.

Section 194J of the Criminal Procedure (Scotland) Act 1995 makes it an offence for any member or employee of the SCCRC to disclose information obtained by the SCCRC in the exercise of any of its functions. The possibility of information provided by applicants, witnesses and/or victims subsequently being disclosed, other than in court, could undermine public confidence in the criminal justice system, including the work of the SCCRC. Witnesses and/or people under investigation should not be inhibited or deterred from co-operating in investigations by the possibility that information provided may be disclosed or that their identity is revealed to the public, outwith the protection of the court. Accordingly, such information is not normally made available.

I have asked my MSP to ask Mr MacAskill what action he will now take against SCCRC for this criminal act and at the same time E-Mailed SCCRC on 21st April regarding the same criminal matter of Jurors names and addresses being released.

The time is nearly up for an answer from SCCRC so watch this space for copy of e-mail i sent them.

For the avoidance of doubt they have confirmed to me they did actually reciece the e-mail on 22nd April but so far have yet to answer it


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PeterCherbi



Joined: 23 May 2007
Posts: 167


Location: Edinburgh

PostPosted: Tue May 20, 2008 4:43 pm    Post subject: Reply with quote

Hi Wullie

Whoever released the names of the jurors should be facing a Police investigation or charges as I cant see any juror being agreeable to having their names & addresses released in any circumstances.

Now that it has been reported to the Justice Secretary I hope we can expect immediate action and accountability falling on whoever released those documents ?
_________________
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: 1149


Location: Glasgow

PostPosted: Thu May 22, 2008 12:30 am    Post subject: Reply with quote

Peter

For the avoidance of doubt and to prove that SCCRC did not place any restrictions on me when they released the above documents see here:

http://www.flickr.com/photos/big-wullie/2512371864/sizes/o/

Mr Sinclair was the one who sanctioned their release.

I have nothing against any Juror nor do i wish any of them any harm, I am merely trying to prove my innocence while being obstructed by Crowns reluctance to reveal ID Parade Reports and witness statements.

My case is of public interests regarding disclosure and as far as i am aware i have broken no laws.

You are probably right in that heads should roll as Jurors names and Addresses are not normally released, this could in more serious circumstances have severely compromised these jurors.

A more comprehensive take can be read here:

http://scottishlaw.blogspot.com/2...or-investigation-as-scottish.html
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Big Wullie



Joined: 25 Apr 2007
Posts: 1149


Location: Glasgow

PostPosted: Sun May 25, 2008 12:13 am    Post subject: Jurors Names And Addresses Taken Down Reply with quote

Jurors Names and Addresses Withheld

I have decided after talking to Iain and discussing with others to take them off my flickr for now.

In view of developments on this matter where questions are to be asked of the Justice Secretary over the actions of the SCCRC releasing the jurors names & addresses, I have decided to take the documents offline as I am now satisfied, given the publicity the issue has attracted, and the political assistance on this matter, that action will be taken and persons held accountable for their actions.

Again i would just reiterate: I have no ill feelings towards any Juror, They reached their conclusions on the evidence before them.

It's the evidence they never heard I complain of.


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