An order was made against a witness for prevarication. The order was challenged on the basis that she had not had a fair trial, not having a hearing before an independent tribunal. The same judge had acted as witness prosecutor and judge and jury. The challenge was rejected. The judge acted as assessor, as judge only. All he has done is to condemn the evidence as being so unsatisfactory as to be worthy of contempt. The argument was repelled.
[2001] ScotSC 19
Bailii
Scotland
Citing:
Cited – Pullar v The United Kingdom ECHR 10-Jun-1996
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity . .
Cited – Bradford v McLeod HCJ 1985
A sheriff passed a comment that he would not grant legal aid to a miner. He was overheard by a solicitor. The solicitor subsequently asked that sheriff to recuse himself on applications for legal aid by miners accused of breach of the peace while . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.166527
