Paul McConville (The Herald, September 13) makes cogent points on the coverage of Lord Clarke's decision in the Angus Sinclair trial for the World's End killings, but, in reaching for an appropriate policy response, there needs to be analysis somewhat more extensive than: "That's just how things sometimes go."
The result, so far as this case is concerned, is that the judge's decision is final and I certainly would agree that there is a strong public interest (never mind the private interest of the accused) in there being finality around judicial decisions, particularly on the sufficiency of evidence.
But that need not necessarily mean that the only remedy should be an acquittal - the rights of the accused might be vindicated by remedies other than the dismissal of serious charges without any inquiry by a jury.
A crucial area of concern in the Sinclair case was the Crown's decision to concede it would not proceed with DNA evidence that was the subject of a defence objection. It is unconscionable that a case of this importance would not have had significant input from the law officers during its preparation and presentation. I suspect where Mr McConville and I might agree is that it is a distraction from the real questions of this case to "murmur" the judge.
It is possibly the case that another judge might have let the case go to the jury, but I have not yet heard anyone suggest convincingly that Lord Clarke got his decision wrong. It was not his decision that kept out the DNA evidence, and murmuring him does not answer the question of why evidence that initially was sought to be led was not even argued before him.
There are compelling questions demanding answers from both of Alex Salmond's appointees and serious questions which deserve a bit more consideration than the unseemly blame game that seems to have occurred in the Scottish Parliament today.
We all should be concerned that the moral authority of our legal system in the eyes of the public should not be undermined by the distortion of the protections of our criminal justice system. It is just a coincidence that the man accused of these offences is in custody for other serious offences but otherwise he would have walked free from court.
No-one should be content with that outcome.
It is neither a knee-jerk response to ask what might safely be done to avoid such outcomes, nor to argue that the courts must recognise the competing interests of the public and accused persons where a judicial ruling is made on a submission of no case to answer in criminal proceedings, not least a murder trial.
Brian Fitzpatrick, 24 Dalziel Drive, Glasgow.
Why are you making commenting on HeraldScotland only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereCommments are closed on this article