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

Your right to see Crown Documents.

Under Holland and Sinclair, Crown have a duty to release all documents including Police witness Statements etc etc.
Crown have used every trick in the book in Scotland to stop such documents being released and in some cases have been threatened by senior prominent High Court Judges Like Lords Hardie and Bracadale that they would be held in contempt of court but despite these Idle threats Crown still refuse to release these documents and appeals to Kevin Dunion have said he cannot interfere in Crown Offices workings and they are exempt, Unless....... you are a Paedophile.
See cases linked for conclusions.

http://business.scotsman.com/topics.cfm?tid=859&id=1893992006

http://thescotsman.scotsman.com/index.cfm?id=735902007

http://www.eveningtimes.co.uk/news/display.var.1392068.0.0.php#

http://thescotsman.scotsman.com/index.cfm?id=1213032007

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

Thanks, wullie for starting a thread on this topic.
brendan dixon goes to the court on the 23rd, 24th, of august to ask for disclosure,

what have the crown got to hide this is not the first time it has been asked for.
will we get it this time, i hope but not 100 per cent sure we will.

disclosure should be released under your human rights,
and is a crime in its self to withold it.

http://kevin-freethekillie2.blogspot.com/

Al · Posted: Sat Aug 04, 2007 1:00 am Post subject:

My very best wishes to Brendan Dixon and all his supporters on the 23/24 August.

I’m sure the Scottish Crown Office, under the ever watchful eyes of Messrs Alex Salmond MSP/MP (Scotland’s First Minister) and Kenny MacAskill MSP (Scotland’s Cabinet Secretary for Justice … note the words FOR JUSTICE), will ensure there is now FULL CROWN OFFICE DISCLOSURE in this case, so that this most appalling miscarriage of Scottish “Justice” can be rectified as soon as possible.

Kevin (FtK2) deserves the highest praise for his unstinting fight for his brother-in-law, and his passion about the many injustices currently happening in Scotland and UK-wide knows no bounds.

My thoughts will be with you all on 23/24 August.

All good wishes,

Al

http://shirleymckie.myfastforum.org/sutra472.php#472

http://shirleymckie.myfastforum.org/sutra475.php#475

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

Thanks,Al.

the matter of disclosure in scotland is holding back many cases
on the 23/24th will the crown do the right thing and release vital statements or keep hiding..

the newspapers i talk to all agree and some will attend, to see if this is going to be handed over

i will be interesting for a lot of cases if disclosure is refused.

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

Good luck to Kevin, Bryan and everyone else who is seeking disclosure from the Crown Office, but I wonder if there will be any real changes in attitude there even with the SNP at the Executive now.

last week, I read with interest these three letters in relation to the workings of the Crown Office and it's view of it's 'independence':

http://thescotsman.scotsman.com/letters.cfm?id=1195542007

http://thescotsman.scotsman.com/letters.cfm?id=1200682007

http://thescotsman.scotsman.com/letters.cfm?id=1211892007

I'd like to think there's going to be a change at the Crown Office but one will only come if it's forced on them, not willingly by terms of those letters.

Either the Crown Office's exemption from FOI in certain areas needs to be lifted or there needs to be a new procedure brought into force at the Crown Office from the Justice Department forcing an accountable & transparent procedure of document disclosure within a certain time frame, rather than forcing people to go to court each time to seek it.

Given that all msps from all political parties have been well aware of these problems for so long, I would have thought action would have been taken on this issue by now by the Executive as it is doing no good at all to prolong these cases of injustice.
_________________
My blog on issues of injustice in Scotland A Diary of Injustice in Scotland by Peter Cherbi

Injustice Scotland Campaign website : Injustice Scotland

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

Disclosure Hearings 23-24th August 2007 High Court Edinburgh.

Having sat with Big Mac and listened to the many cases being discussed at this hearing, Many matters arose including the following Issues:
1. Holand And Sinclair, Privy Council.
2. McLoed V HMA.
3. Cases of Kidd and Gair Referred by SCCRC.
4. Sections 6 (1) 6 (3) Of Human Right To Fair Hearing.
5 England, Wales And Northern Irelands Implementations of Disclosure Officers.
6. Equality of Arms.
7. The cases of Johnston and Allison referred by SCCRC

Other matters that came to light where indeed matters of Crowns reluctance to release vital Police Surveillance tapes.
Evidence of peoples defence teams not taking up offers to view such tapes therefore denying people the right to fair hearings (Anderson V HMA) Defective Representation.
The Bar Association asking Crown their stance on disclosure and getting "No Reply"
People have the right to a fair hearing at a reasonable time too.
Crowns reluctance to reveal Material Key to trials are denying the above right.
The above issues raised are real concerns that are being Suppressed by Crown Office and mean appellants are also being denied the rights to fair hearings.
Of particular concern though is the length of time that some appeals are taking to reach conclusion. It was suggested indeed stated in court that these matters are taking years. This is a real concern considering that some of the appelants will have served their sentences in full before being able to have their appeals Addressed.
Englands Implementation of Disclosure officers is a big success and shows the lengths Scottish Crown Office is going to to Suppress Implementing the same disclosure Officers in Scotland.
Is their reason, They are afraid to lose control over such matters.
It was also argued that defence teams should be given access to the police computers in Major cases Because every witness and issues raised are Logged, Crown oppose this move.

The only clear issue i can see is: Crown have for years decided (Solely) what evidence should be released to defence teams, Sometimes ommitting to add witnesses names to cases and indeed not making the defence aware of Key Material.
Indeed in the cases of Gair and Kidd SCCRC found fresh evidence not released to Defence but was indeed availble to Crown at the time of trial, Evidence which was said to have denied the accused the fair hearing they were entitled to.
In some cases it was suggested also that defective preparation and representation has led to a number of serious Miscarriages of Justice.
It was also stated in court that evidence had been tampered with, Evidence that would have cast doubt on the capability of Fax Machines being able to print less words than the original trial had heard.
It was argued in court that a Fax Machine was not capable of printing more than 15 letters for a letterhead whereas at the original trial it was said that the Fax had printed 21 letters.
This hearing was postponed due to the complex issues and was originally set for two days but this only gave the defence enough time to conclude their points and left Crown no chance to contest these many issues.
It is hoped that the hearing will resume sometime in November though in the meantime those waiting for disclosure to enable them to go to full appeal will just simply have to stay in prison a while longer, Nothing new to those of us fighting for justice.
I would argue that Extra Appeal court Judges should be appointed without further delay to allow such appeals to proceed without any delays whatever.
Allison and Johnston was also two cases which was raised at court and it must be stressed here that these cases took ten years to be addressed and in both cases like Kidd and Gair, Crown was found to have had evidence, Exculpating the accused.
There was also issues raised concerning the police not revealing the existence of witnesses or evidence likely to have Material bearings on such cases.
I hope that all matters of this nature will be discussed at any such conference into our Judicial System and Openness and Accountability will now be added to our Crown Office Immediately with the Implementation of an Disclosure Officer whose sole responsibility it is to see that this is implemented in all cases.
To the people seekiing disclosure i would say this: You are entitled to see all the evidence gathered, You are also entitled to see the convictions of any witnesses along with any outstanding cases pending. Nothing less will do.
I think it a good point at this stage to link the following letter from Crown Office in my own case when i asked for disclosure in March 2005, Please take time to read the following and then it will become clear my interest in Disclosure cases.

http://www.flickr.com/photo_zoom.gne?id=430820344&size=l

http://www.flickr.com/photo_zoom.gne?id=430820348&size=l

I also have a letter from Kevin Dunion (FOI Commissioner) saying he could do nothing. To be linked later

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

Crown Cover Ups

It is quite clear from the Lord Bonomy report that even the Justice Minister Jamieson was aware of the fact that early release of pertinent documents should be released early by Crown and that police statements should be made available to defence teams.

Please view the Bonomy report here and decide yourself when Crown became aware there was need for change on the issue of disclosure. Chapters 46 onwards i think detail what was needed and makes good reading for those seeking disclosure.

http://www.scotcourts.gov.uk/bonomy/docs/ModernisingJustice.pdf

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

Kenny MacAskills Stance on disclosure

http://www.theherald.co.uk/news/news/display.var.1684806.0.0.php

Apparently if this article is true Mr McAskill has now agreed that "full disclosure" must now happen in every case.
Does this mean that the ongoing Hearing at the High Court need go no further?
Does this mean that crown will no longer be allowed to use draconian Laws to hide documents and will disclosure also cover material pertinent to Appeals and asked for for Appeals.
Will Mr MacAskill now draft a bill to be passed for Crown to refer to when disclosure is asked for?
Does this also mean Crown will no longer be able to use Data Protection and Public Interest laws to keep documents Secret.
Public Interest test should only be allowed to be used when it requires it for National Security.
I will now be asking my MSP to seek the documents crown have hidden from me under the old Laws Above for years and i will post his comment here for all to see Worldwide

Another story in the Scotsman can be found here:
http://thescotsman.scotsman.com/politics.cfm?id=1461472007

I have severe concerns that the wordings of this document: First they say Full disclosure then they say all exculpatory evidence.
This is a worry as now they are allowed to just say the evidence was not of an Exculpatory nature and hide it.
I think the holland and Sinclair cases were won on crown not releasing all evidence.
Mr MacAskill must ensure Full disclosure is released and even when asked for in conjunction with Appeals

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

There is a hearing set for the 13 th 14 th of november for the case against the crown witholding ful disclosure.

i would also like to state brendan is no longer with aamar anwar.
mr anwar has withdrew his services.

but the fight still goes on,

good luck in november to all asking for disclosure!

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

Still Fighting For Disclosure.

Even Megrahi is having to go to court for disclosure:
Comment here on this issue:
http://thescotsman.scotsman.com/index.cfm?id=1628862007#new