on the 23, 24, of august brendan dixon will go to the high court in edinburgh. where his legal team will ask again for the release of vital statements.
what have the crown got to hide!,
it does not only happen in the case of the killie 2, but more and more cases in scotland eg william gage, and william beck to name a few.
will the disclosure be released, i hope so, for our justice system to work we need an open system going from police to pf, to crown. and no hold up's, my brother-inlaw has already spent 2, and a half years in prison for a crime he did not do, while the real killer walks free.
The case to be referred to is Holland and Sinclair and made by Privy Council. See following:
THE head of Scotland's biggest association of court lawyers has claimed that a "significant number" of cases are collapsing because of a failure by prosecutors to show the defence key evidence on time.
Gerry Considine, the president of the Glasgow Bar Association, says delays by the Crown Office in disclosing potentially crucial evidence, including DNA reports and witness statements, have caused "terminal delays" to cases.
Two years ago, the judicial committee of the Privy Council, the highest criminal appeal court, quashed the convictions of two Scots, James Holland and Alvin Sinclair, on the grounds the Crown had failed to disclose vital documents and therefore denied their right to a fair trial.
Until then, the disclosure of Crown evidence or information had rested with the Lord Advocate and Crown Office.
But the landmark rulings decreed that, unless there are national security implications, all statements have to be made available to the defence "as a matter of course".
The Crown is also now required to give the defence details of previous convictions and outstanding charges in relation to prosecution witnesses.