Dear All
Sorry for being away, I am not back just yet, but there are
two stories I wish to do before I pop off again, this is one of them and the
other is yesterday’s signing on independence.
One of the things which define the SNP Government or any
government is how the legal system operates to ensure that trials and law are
fair, reasonable and just.
The general acid test used by the public is centred around
commonsense; increasingly the SNP Government is totally failing the criteria.
The ‘Justice’ Minister of Scotland is Alex Salmond’s pal, Kenny MacAskill seen
by many as an incompetent who should be removed. Ian Hamilton of Stone of
Destiny fame writes that MacAskill should be removed for being effectively in the pocket of the
Crown Office.
MacAskill's tenure will be remembered for him being one of the worst
Justice Ministers in Scottish Government history. If there is a train wreck in
the Scottish Government rather than asking what department, it is easier just
to ask what has MacAskill done wrong this time.
There was a major review of Scots criminal law carried out
last year, judge Lord Carloway, I have written that his idea for abolish the
centuries-old requirement for corroboration in criminal prosecutions is
bollocks.
Despite that MacAskill climbed onboard thought it was a good
idea, just like he thought releasing the biggest mass murderer in Scottish
legal history was a good idea, Megrahi is MacAskill’s legacy.
If you ever had any doubts that MacAskill was unsuitable for
the position of Justice Minister, Megrahi closes the argument, not just the release
but letting him leave the country and more importantly not running the appeal
hearing based on the six grounds put forward by his legal team.
Now, High Court judges have rejected proposals to abolish
the centuries-old requirement for corroboration in criminal prosecutions which
isn’t unexpected and is surely a step in the right direction.
Will MacAskill listen?
Probably not, MacAskill isn’t very bright in my opinion and
there is a stack of ‘case law’ to back it up.
The Senators of the College
of Justice said corroboration, unique
to Scotland
It should be decided on evidence.
Interestingly Judges also said removing the rule would lead
to "decreasing confidence in the legal system" and to lower rates of
conviction generally, juries can be fickle especially when it is pointed out
that there is only someone’s word to condemn a person.
That kind of system is reminiscent of a fascist state.
Their Lordships also chipped in and said:
"In our view, it is often difficult to assess the true facts
on the basis only of the evidence of one witness. A witness may be credible and
plausible, yet not be telling the truth (or the whole truth). The Scottish
courts have on many occasions been grateful for the requirement of
corroboration, which in our view provides a major safeguard against
miscarriages of justice."
They added:
"One particularly anxious area is that of alleged
sexual offences, where (without corroboration) the issue becomes one of the
complainer's word against the accused's. Our concern is that the abolition of
corroboration may result in miscarriages of justice."
A Scottish Government spokeswoman said:
"The proposed abolition of the requirement for
corroboration was recommended in an independent review by Lord Carloway. Lord
Carloway's recommendations have been subject to a Government consultation
exercise. The consultation specifically sought views on whether any additional
safeguards would be required as a result of removing the corroboration rule and
we will carefully consider all responses."
You didn’t have to be a rocket scientist to see that removing
corroboration was a bad idea; in fact it is a very bad idea, what a great pity
that MacAskill didn’t possess the intellectual tools to recognise this right at
the start.
George Laird right again and SNP Minister wrong, perhaps
this adds weight when posters take me to task on law.
Judges think this is bad, lawyers think this is bad, juries
will think this is bad and ordinary people will think this is bad, the weight
of professional and public opinion is with me on this issue.
Another bad day and a significantly bad day for the SNP
Government who obviously can’t be trusted to safeguard the nation’s legal
system.
That lack of confidence is a plank why the people of Scotland will when the independence referendum vote
comes want to stay in the UK
At present we need the protection of the UK Supreme Court.
Yours sincerely
George Laird
The Campaign for Human Rights at Glasgow University
1 comment:
he will not listen to reason he is an egomaniac he is the man who made the biggest blunder in Scottish history releasing the the mad bomber from prison
cjm
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