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A wee legal question.

 
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dosser



Joined: 28 Apr 2009
Posts: 676



PostPosted: Sun Aug 22, 2010 12:58 pm    Post subject: A wee legal question.  Reply with quote

Jist suppose ye were convictit o' some terrible crime but wantit tae appeal.

Ye're given leave tae appeal and yer appeal is scheduled fur August 2011. Unfortunately, ye die in November, 2010.

Could your appeal still go ahead anyway?

See, the mair Ah think aboot this Megrahi, BP stuff, and poke aboot on the internet, the mair certain Ah get that they bunch o' Senators are jist yasin' allegations o' deals wi' nasty, evil BP as a distraction fae ither stranger and maybes durtier aspects o' ra Lockerbie trial.
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notanimby



Joined: 21 May 2009
Posts: 575


Location: South Of The River, Doon Inverclyde Way

PostPosted: Sun Aug 22, 2010 3:33 pm    Post subject: Re: A wee legal question. Reply with quote

dosser wrote:
Jist suppose ye were convictit o' some terrible crime but wantit tae appeal.

Ye're given leave tae appeal and yer appeal is scheduled fur August 2011. Unfortunately, ye die in November, 2010.

Could your appeal still go ahead anyway?

See, the mair Ah think aboot this Megrahi, BP stuff, and poke aboot on the internet, the mair certain Ah get that they bunch o' Senators are jist yasin' allegations o' deals wi' nasty, evil BP as a distraction fae ither stranger and maybes durtier aspects o' ra Lockerbie trial.


Nae shit really?


P.S.
Am no' a lawyer.....................................................






































ur a leckie (thank fek) fur that mattur
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Celyn



Joined: 28 Apr 2009
Posts: 554


Location: Glasgow

PostPosted: Mon Aug 23, 2010 1:13 am    Post subject: Re: A wee legal question. Reply with quote

dosser wrote:
Jist suppose ye were convictit o' some terrible crime but wantit tae appeal.

Ye're given leave tae appeal and yer appeal is scheduled fur August 2011. Unfortunately, ye die in November, 2010.

Could your appeal still go ahead anyway?


Disclaimer: I iz not a lawyer and I duz not even play one on telly.

Yes, it seems that it could.    Or so says the Criminal Procedure (Scotland) Act 1995 (c. 46)

Quote:

[F1303A.
Transfer of rights of appeal of deceased person.
— (1) Where a person convicted of an offence has died, any person may, subject to the provisions of this section, apply to the High Court for an order authorising him to institute or continue any appeal which could have been or has been instituted by the deceased.
(2) An application for an order under this section may be lodged with the Clerk of Justiciary within three months of the deceased’s death or at such later time as the Court may, on cause shown, allow.
(3) Where the Commission makes a reference to the High Court under section 194B of this Act in respect of a person who is deceased, any application under this section must be made within one month of the reference.
(4) Where an application is made for an order under this section and the applicant—
(a)
is an executor of the deceased; or
(b)
otherwise appears to the Court to have a legitimate interest,
the Court shall make an order authorising the applicant to institute or continue any appeal which could have been instituted or continued by the deceased; and, subject to the provisions of this section, any such order may include such ancillary or supplementary provision as the Court thinks fit.
(5) The person in whose favour an order under this section is made shall from the date of the order be afforded the same rights to carry on the appeal as the deceased enjoyed at the time of his death and, in particular, where any time limit had begun to run against the deceased the person in whose favour an order has been made shall have the benefit of only that portion of the time limit which remained unexpired at the time of the death.
(6) In this section “appeal” includes any sort of application, whether at common law or under statute, for the review of any conviction, penalty or other order made in respect of the deceased in any criminal proceedings whatsoever.


dosser wrote:


See, the mair Ah think aboot this Megrahi, BP stuff, and poke aboot on the internet, the mair certain Ah get that they bunch o' Senators are jist yasin' allegations o' deals wi' nasty, evil BP as a distraction fae ither stranger and maybes durtier aspects o' ra Lockerbie trial.


Notaminby said it best - nae shit?   Laughing

It is all very murky and full of murkitude.  I don't think thon Megrahi chap is someone I would want to be best pals with, but that whole conviction stinks.

And then there's this bloke, Mohammed Abu Talb - http://www.heraldscotland.com/new...-cleared-over-lockerbie-1.1049638

Quote:
Why was terrorist Talb cleared over Lockerbie?


In May 1989, Talb was arrested in connection with the bombing of Pan Am Flight 103.
Lucy Adams, Chief Reporter

21 Aug 2010
A convicted killer who many believe is the real Lockerbie bomber has been freed from prison in Sweden, prompting calls for a new investigation into Palestinian links to the atrocity.

Mohammed Abu Talb, who was serving a life sentence for other terror attacks in Copenhagen and Amsterdam using explosive devices, was the original suspect for the attack on Pan Am Flight 103 until 1990, when attention switched to Libya.

The Egyptian-born militant then served as a prosecution witness at the trial of Abdelbaset Ali Mohmed al Megrahi, when he denied defence claims that he was the killer of the 270 people at Lockerbie in 1988.

However, the Scottish Criminal Cases Review Commission (SCCRC) is understood to have uncovered new evidence that strengthens the case against Talb, who was allegedly funded by Iran to blow up the plane in revenge for the American cruiser USS Vincennes shooting an Iran Air flight out of the sky on July 3, 1988, killing 290 people.

On the first anniversary of Megrahi’s release yesterday, Swedish authorities confirmed publicly for the first time that Talb had been released from Malmo prison after serving 20 years.

Because his whereabouts is now unknown, and he is widely thought to have returned to the Middle East, campaigners who believe Megrahi has been unjustly treated are concerned that a key chance to interview Talb has been lost.

The Herald has previously revealed that Talb could be tried if Megrahi were to be formally cleared. An appeal against Megrahi’s conviction could still be mounted even after the death of the Libyan, who is terminally ill with prostate cancer.

Eddie MacKechnie, Megrahi’s solicitor from 2001-2006, said it was now time to refocus on what really happened, rather than obsessing about Megrahi’s early release. “There was more evidence at the time to implicate Talb and his associates than Megrahi,” he said. “I know that many police officers at the time were concerned that the investigation shifted to Libya when there was no evidence of Libyan involvement.

“The relatives deserve to know whether there has been a cover-up of any kind. We need to have a full and independent inquiry into what happened, and it needs to look at the Palestinian connection.”

Professor Robert Black, QC, the architect of the Lockerbie trial, said: “I support Mr MacKechnie 100%. Clearly the Palestinian connection deserves to be looked at and a full inquiry needs to be held.”

A leading CIA figure also called for the Palestinian connection to be reinvestigated. Robert Baer, a former CIA case officer assigned to the Middle East, told The Herald that an appeal or public inquiry was now needed. “I talked to the SCCRC and they were very clearly focussed on the Palestinians and the Iranian connection,” he said.

“There is no doubt that Abu Talb was an asset controlled by the Iranians and questions need to be asked about how he ended up as a prosecution witness. He was definitely not a reliable witness and what we need now is what the SCCRC report says, what intelligence there was, and what the connections were.”

The SCCRC report refers to the recovery of official records from various organisations in Italy. These are thought to relate to Talb, who travelled between Cyprus, Rome, Malta, and Frankfurt in the run-up to the bombing.

Evidence not heard at the Lockerbie trial at Camp Zeist in the Netherlands has revealed that the CIA thought Talb was the man responsible, and that police found clothes, including a blue babygro similar to one found at Lockerbie, when they raided his flat in Germany.

Police also found a calendar with the date “21 December” circled. In addition, Talb’s wife was recorded in a wiretapped telephone call warning another unidentified Palestinian to “get rid of the clothes immediately”.

In May 1989, Talb was arrested in connection with the bombing of Pan Am Flight 103. At Camp Zeist, defence counsel alleged the Syrian-backed Popular Front for the Liberation of Palestine General Command, and the lesser-known Palestinian Popular Struggle Front, were responsible for the Lockerbie bombing. They said Talb was linked to both terrorist groups.

In his testimony, Talb told the court that he ended “all activities relating to Palestine at the end of 1982”. He was jailed along with three other men for the bombings in Denmark and the Netherlands, which killed one man and injured many others, but his life sentence was later commuted to 20 years.

In Tripoli yesterday, there was no sign of Libyans openly celebrating the first anniversary of Megrahi’s release. His brother Abelhakim Ali said events were kept low-key after a direct appeal from the Scottish and UK governments.

He said: “The (Libyan) authorities instructed us to remain silent about the first anniversary”

But across the Atlantic, US Secretary of State Hillary Clinton said: “We maintain that Megrahi should serve out the entirety of his sentence in prison in Scotland. We will continue to reiterate this position to the Scottish and Libyan authorities.”


I am sorry to quote it in full, but I have *sometimes* noticed that news articles occasionally accidentally disappear .

And there's this guy's Lockerbie   blog.   None of us here are lawyers, but Robert Black QC FRSE is.

We need a very full inquiry into this whole thing.  Will we ever get one?

Also, I could quite this new game of naming those things that one is not.  A new form of "my Aunt's Suitcase"   Like ah'm no a lawyer.  Or a Leckie.  Does it go in alphabetical order?  All right then, my turn, Ah'm no a minister.
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Fey Hag



Joined: 29 Apr 2009
Posts: 749


Location: Sealainn Nuadh Dawn's Birth Place

PostPosted: Mon Aug 23, 2010 11:29 am    Post subject: Reply with quote

Richt! sooo under Skoatish law, we kin try Bush fer crimes agin ra whole uv humanity as lang as we stert proceedins noo an we leave enuff gelt ta pey ra Lawyer.

Did ah miss summit sumwhar?

Noo ah dinna want to be told ah sound like a certain male member uv this forum, ah'm just hae'n a bad dee.


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