Better judgement
Perhaps this Fawlty Towers approach to the administration of justice explains the judicial ineptitude that prevailed in the Peter Cadder case: a whole team of Scotland’s judges sidelined the significance of European law to dismiss Cadder’s contention that his human rights had been breached by the failure of the state to provide timeous access to a lawyer subsequent to his arrest.
The “reputation” of Scotland’s judiciary was subsequently shredded by the Supreme Court when it unanimously upheld Cadder’s appeal, thereby demolishing the “reasoning” deployed to reject the appeal in the Scottish courts.
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Hide AdIf it achieves nothing else but the dilution (a tall order) of the egotistical insularity that appeared to influence the Cadder judgment, the Judicial Institute of Scotland will have opened the door to Scotland’s eventual entry into the refreshing world of a modern legal system.
Thomas Crooks
Dundas Street
Edinburgh