tag:blogger.com,1999:blog-20722989.post6016703898203585347..comments2024-03-29T12:58:06.213+00:00Comments on The Justice Diaries: LORD NO-WAY: Top judge Lord Carloway hits out at judicial interests register proposal - tells Holyrood ‘justice could suffer’ if judges are forced to reveal secret wealth, tax, land ownership & financial links to big businessUnknownnoreply@blogger.comBlogger44125tag:blogger.com,1999:blog-20722989.post-2526248423028218952016-11-15T23:00:05.209+00:002016-11-15T23:00:05.209+00:00I for one am horrified judges are so hostile to th...I for one am horrified judges are so hostile to the idea of registering their interests.Until I saw your blog I always assumed a judge declared his or her interests.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-23564725998386858972016-11-14T16:09:27.929+00:002016-11-14T16:09:27.929+00:00Should you be calling him a top judge when he is s...Should you be calling him a top judge when he is so against transparency?How can he be a judge and be against such a register?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-63102217171626138342016-10-23T20:11:00.691+01:002016-10-23T20:11:00.691+01:00Carloway did himself no favours in his letter.
Mos...Carloway did himself no favours in his letter.<br />Most people now realise the judiciary have become too detached from societyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-78437211397045625902016-07-17T13:20:22.363+01:002016-07-17T13:20:22.363+01:00not much good as a top judge if he hates transpare...not much good as a top judge if he hates transparency as much as he does in his own letterAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-37729524273731527312016-03-07T13:49:25.243+00:002016-03-07T13:49:25.243+00:00Headline suits him lolHeadline suits him lolAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-43176631759319636162016-03-04T15:02:54.053+00:002016-03-04T15:02:54.053+00:00What an extraordinary attitude to judicial declara...What an extraordinary attitude to judicial declarations and from the top judge himself.<br /><br />Clearly it is now required we need to know what exactly is being hidden.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-22552230281266573832016-03-02T17:10:56.990+00:002016-03-02T17:10:56.990+00:00noticed Gordon Jackson having a go at Carloway'...noticed Gordon Jackson having a go at Carloway's remarks on witness questioning there is more if you go to the link<br /><br />http://www.heraldscotland.com/opinion/columnists/14312223.Advocate_Gordon_Jackson_QC_on_the__unpleasant_job__of_cross_examining_alleged_rape_victims/<br /><br />Advocate Gordon Jackson QC on the 'unpleasant job' of cross-examining alleged rape victims<br /><br />06:52 Wednesday 2 March 2016 / Columnists<br /><br />By Gordon Jackson<br /><br />The Lord Justice General, Lord Carloway, has discussed the conduct of criminaltrials in cases involving allegations of a sexual nature.<br /><br />I can readily agree with many of his comments. Cross examination should have a clear objective, be focused and not simply a trawl back through all of the evidence.<br /><br />Of course, a witness should not be insulted or harassed and a judge is fully entitled to stop that happening.<br /><br />I support the proposal that a complainer has the right to be heard when the defence seeks her medical records; all well and good but there also seems to be an underlying suggestion that, nowadays, counsel regularly or generally cross exam in an inappropriate manner.<br /><br />That may happen on occasions but it most definitely is not the norm.<br /><br />Many lines of questioning must, in any event, be authorised in advance by the judge. Judges do not grant that permission easily and must be shown why that questioning is necessary and proportionate.<br /><br />Nor am I aware of any evidence that judges allow questions during a trial that are irrelevant and designed to upset and insult the witness. If, however, that is the case and judges are not doing their job properly then I assume Lord Carloway himself, pictured below, can deal with that issue.<br /><br />Defending and cross examining in such trials is not easy. The advocate is an officer of the court but is not an intermediary. His or her role in an adversarial system is to properly and robustly represent the interests of the accused and to do that fearlessly.<br /><br />That requires the advocate to conduct the trial without constantly looking over their shoulder and worrying about their own position I agree with Lord Carloway that the fear of having the advocate's own performance criticised in an Anderson appeal has not helped in that regard, although the remedy is to some extent in the Appeal Court's hands. (An Anderson appeal is when an accused person argues that he or she suffered from defective representation at their original trial.) What will only make the situation worse, however, is the added fear of judicial criticism.<br /><br />Senior judges are entitled to criticise poor advocacy but care needs to be taken that the fear of being so criticised does not result in, for example, crossexamination being conducted in a less robust and comprehensive manner that the legitimate interests of the accused demand. That is certainly not in the interests of justice.<br /><br />Advocates in these cases do a difficult and at times unpleasant job and, in my opinion, generally do it as it should be done. That should be recognised and encouraged.<br /><br />That is not to be in any way complacent. Maintaining the rule of law demands that every accused, no matter how unpopular, receives a fair trial but that in turn requires high quality, skilled and effective advocacy.<br /><br />Indeed, you cannot have the former without the latter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-2296636790975852342016-02-27T10:12:50.705+00:002016-02-27T10:12:50.705+00:00Wonder what stance the judges have on Europe?
Wit...Wonder what stance the judges have on Europe?<br /><br />With all their shareholdings and stuff you published they must have a big vested interest in staying in.Will they come out and say it or do all the usual string pulling behind the scenes do you think?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-61019089968928204332016-02-26T01:50:20.484+00:002016-02-26T01:50:20.484+00:00The headlines alone cancel out any argument the ju...The headlines alone cancel out any argument the judge can make to keep his/his colleagues affairs private.<br /><br />This is now about the judiciary being found out.Nothing more nothing less.Your parliament should act and bring in law requiring a register for the judiciary and then some.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-22846754834863219212016-02-25T22:37:08.383+00:002016-02-25T22:37:08.383+00:00Gill Mk2Gill Mk2Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-43560772547338793142016-02-25T18:39:55.843+00:002016-02-25T18:39:55.843+00:00Well I am glad this judge is not hearing any case ...Well I am glad this judge is not hearing any case of mine.Imagine a judge writing a letter like that about transparency and then you expect them to sit down and hear claims depending on the same kinds of transparency!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-88657334317637155952016-02-24T10:58:07.411+00:002016-02-24T10:58:07.411+00:00I dont think so,Lord Carloway.
Judges must learn ...I dont think so,Lord Carloway.<br /><br />Judges must learn to live with declaring their interests just like the petitioner and everyone else is saying.<br /><br />Make this register law!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-71549341440295659112016-02-22T16:04:27.050+00:002016-02-22T16:04:27.050+00:00wow the judges must be more corrupt than I thought...wow the judges must be more corrupt than I thought!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-42821902940203170862016-02-22T14:39:17.676+00:002016-02-22T14:39:17.676+00:00How come the letter from Carloway says 8 February ...How come the letter from Carloway says 8 February 2015?<br /><br />Is he living in the past or did Lord Gill write the script for him?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-3843726327293806992016-02-22T11:34:55.135+00:002016-02-22T11:34:55.135+00:00It is always informative listening to others defen...It is always informative listening to others defending the indefensible.<br /><br />Lord Carloway trots out the same old, tired attempts at filibustering his predecessor was so fond of - all points which have been previously addressed and cogently dismissed in the parliament.<br /><br />Make the Register law - NOW!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-79324482682724812432016-02-22T11:07:27.105+00:002016-02-22T11:07:27.105+00:00Lord Carloway's constitutional calamity - refu...Lord Carloway's constitutional calamity - refusing to declare judges interests and by reason the judiciary deign themselves above the law!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-80036028767827433942016-02-22T10:29:55.639+00:002016-02-22T10:29:55.639+00:00Ha ha justice could suffer = I think Judges will s...Ha ha justice could suffer = I think Judges will suffer. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-41788611575247355072016-02-22T09:51:46.412+00:002016-02-22T09:51:46.412+00:00They have been making Judicial decisions on the si...They have been making Judicial decisions on the side those who line their bank balances for years. The courts are about serving the Judges financiers and throwing out cases which challenge those interests. They sit in the courts to augment their wealth while perverting justice because there is no one to hold them to account. This is why they want it all as it has been for centuries, secret. The so called independence of the Judiciary is a joke, the Judiciary and their secret financiers share mutual benefits and the cases are swung to serve those interests. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-62744606932148269562016-02-22T09:24:39.537+00:002016-02-22T09:24:39.537+00:00Why should judges be treated any differently.As yo...Why should judges be treated any differently.As you say in your own response LP Carloway arguments are no different from Gill.Turkeys do not vote for Christmas.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-36385535814275765942016-02-22T08:01:19.225+00:002016-02-22T08:01:19.225+00:00I do not see any way round the fact the judiciary ...I do not see any way round the fact the judiciary have taken such a poor attitude towards interests and the parliament they can no longer be trusted.<br /><br />And it took your petition to prove it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-91310804543140712322016-02-22T01:33:57.649+00:002016-02-22T01:33:57.649+00:00Sorry to hear you guys having so much trouble with...Sorry to hear you guys having so much trouble with these legal hoods hope u can make Scotland a better place one day!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-74752994059284503302016-02-21T20:45:54.191+00:002016-02-21T20:45:54.191+00:00slightly lost by all this as I always thought judg...slightly lost by all this as I always thought judges declared their assets now reading that letter I see they are afraid to do so and we all know what that means dont we.Corruption and they are going to be found out!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-3129285724471610072016-02-21T15:59:29.264+00:002016-02-21T15:59:29.264+00:00I think if we knew what was going on we would expe...I think if we knew what was going on we would expect our Judges would all be in prison, if the bent system prosecuted them? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-12847578047940193742016-02-21T14:34:40.978+00:002016-02-21T14:34:40.978+00:00Read what the story in the Times said
"Mr Wh...Read what the story in the Times said<br /><br />"Mr Wheelhouse said that he could not give a guarantee that judges had not presided over cases where they had an interest, nor could he give a guarantee that they would not do so in the future."<br /><br />There you have it first hand from a Scottish Minister.They cannot give a guarantee because they themselves suspect or are aware the judiciary are not declaring their interests properly.<br /><br />Reason enough to initiate your register of interests.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-13852298529262203772016-02-21T14:06:22.028+00:002016-02-21T14:06:22.028+00:00I marvel at your blog!I marvel at your blog!Anonymousnoreply@blogger.com