23 October 2009

Update: Salduz appeal torpedoed?

When I was fingertipping out my post yesterday on one Duncan McLean's appeal against his conviction on the basis of Salduz v. Turkey judgement, I did not anticipate an immediate response from the septimal bench sitting judgementally at the Court of Criminal Appeal in Edinburgh. Although I've been unable to verify this from other sources, the Aberdeen Press and Journal is reporting, under the banner "Human rights case rejected in Edinburgh" that McLean's argument has failed to convince the bewigged bigwigs of the High Court of Justiciary.

The coy judgelings have not yet produced the whys and the wherefores of their decision - and assuming the verity of the Press & Journal article, have coquettishly limited themselves to informing McLean of his defeat. The Senators of the Colege of Justice will no doubt lodge their arguments and reasons at a later date. However, if the gist of the Herald report on the case isn't ill-informed, this decision won't be making an end to matters, and further judicial analysis of the legalities of the situation will continue under the Scotland Act 1998 in a London court.

In short, Scots ministerial sphincters cannot slacken quite yet.

**Update** The final written judgement of the court in Duncan MacLean v. HM Advocate was handed down on the 15th of December and can be read in full here.

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