Letter: Law of the land

Published on Friday 27 May 2011 17:18

AleX Salmond's tartanised whinge (26 May) regarding the Supreme Court's ruling in Fraser v HM Advocate is an alarming reflection of the kind of mindset that is nurtured by nationalism: it's oors, therefore it's sacrosanct.

This mindset invariably flickers into life when Scotland's "unique" legal system is periodically exposed to external scrutiny by judges in another jurisdiction.

Bristling with pompous indignation, Salmond simply ignored the legal and constitutional basis (devolution, the Scotland Act and European human rights legislation) of Fraser's appeal and the consequent authority that gave the Supreme Court to scrutinise the reasoning used by Scotland's top judges to reject Fraser's contention that he was denied a fair trial - because of the failure of the authorities to reveal critical information before or during his trial.

The Supreme Court's unanimous rejection of the reasons for rejecting the appeal suggests (as in the Cadder case) that the Scottish legal establishment is too self-contained, too narrow-minded and therefore too smug when confronted with challenges to the validity of its decisions.

When the merits of the Scottish legal system are questioned (internally or externally) Scotland's legal hierarchy and its nationalist politicians respond with an almost instinctive hostility that immediately obscures the rational basis of any external scrutiny that overturns a decision by the Scottish courts.

This Harry Lauder impulse could, if unchecked by careful and external examination, take Scotland through an arc of deep hostility to any criticism or scrutiny of any aspect of the "best wee country in the world".

Thomas Crooks

Dundas Street

Edinburgh

I am slightly puzzled by Robert Veitch's assertion (Letters, 27 May) that "the House of Lords has since 1709 had criminal jurisdiction of Scotland".

I always understood that the House of Lords hears appeals on points of law from only the Court of Session (ie in civil cases) whereas the High Court of Justiciary can consider criminal cases at first instance as well as acting as a court of appeal, making it the ultimate criminal court in Scotland.

On certain matters of devolution, however, an appeal can be made to the Judicial Committee of the Privy Council (or is that the Supreme Court these days?).

If I'm wrong, I will happily bow to those more wise to correct me.

Barry Lees

Denholm Street

Greenock