HOW 3 DUNDONIANS LIED IN COURT AND MADE FOOLS OF THE JUSTICE SYSTEM
This site is adapted from a
Blog that was first written in April 2005 and tells the true story of a Road Rage incident on Dundee's Kingsway.
The event itself was an all-too-common example of bad behaviour on our roads. But what followed was quite out of the ordinary.
From the moment the police became involved, followed by solicitors and the courtly administrators of the procedures that are supposed
to bring about Justice, I felt at times as if I was an extra aboard Douglas Adams's wholly remarkable space ship - the one powered by an
Improbability Drive that gets the crew out of many a tight spot.
A driver, angry at being held up on his very own local road, took revenge by tailgating me. But this didn't satisfy him
so he decided to report me to the police.
His story was embellished with a number of improbable events and included a witness who supported his story.
This witness was a solo motorcyclist who produced his own witness, a phantom pillion passenger.
Scottish law requires two independent witnesses. The Prosecution failed to notice that the case had some odd, even improbable,
aspects and so did not bother to check that its witnesses were independent.
Despite having had months to rehearse their stories, all three witnesses made mistakes during their testimonies - like the
Adams space ship with its Improbability Drive, they twisted the laws of space and time.
Sheriff McCulloch picked up on one of these Impossible Events but allowed the witness concerned to claim that he was confused.
After the trial, I found definitive proof that a crucial part of their story, relating to the time and location
of the alleged incident, was false.
Unfortunately, the authorities have steadfastly refused to believe that giving error-strewn evidence makes them any
less credible as witnesses.
At first I thought my failure to obtain justice was down to the fact that so long as all its boxes were ticked, the
bureaucracy was satisfied that it had done its job. However, the recent Shirley McKie and Al Megrahi reviews, which appear to
highlight endemic corruption in the Scottish Injustice System, prompts me to revise my view.
I now suspect that the Procurator Fiscal deliberately prosecuted a case that was patently flimsy simply because she knew she could
get away with it.
In so doing she submitted corrupt evidence, withheld evidence and, in a blatant abuse of authority, put up the
outrageous charge of Dangerous Driving. Only an irresponsible organisation that knows it is immune from public scrutiny would
dare to charge someone with such a serious offence without carrying out a few basic checks.
Apparently, the Fiscal's witnesses had only to say they didn't know one another to absolve her from the bother of
scrutinizing their statements: the knowledge that Scottish summary courts are unable to examine evidence with any rigour
let her get
away with such lazy abuse of the system.
Her boss, the Area Procurator Fiscal, claimed, when questioned, that lack of resources prevented detailed examination of my case.
But the organisation has a duty of care towards defendants, which is to actively ensure that no part of the case against them is
The Fiscal should not be bringing a case just (if that is the appropriate adverb) because there happens to be a convenient victim and
superficially plausible evidence.
If high profile cases such as McKie and Al Megrahi cannot manage this, there is not much hope for exceedingly minor cases like mine.
An injustice anywhere is a threat to justice everywhere