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Victory belongs to the most persevering,

Monday, 1 September 2014
























David Mowat writes to Kenny MacAskill over comments allegedly made about Rob Green

Warrington Guardian: Robert Green Robert Green
DAVID Mowat has written to a senior Scottish politician demanding an apology for alleged comments made about campaigner Robert Green.
The Warrington South MP has taken action over remarks allegedly made by Kenny MacAskill, Cabinet Secretary for Justice.
It is claimed the Scottish National Party MP made reference to Mr Green during a public meeting in Perth on April 28, after taking a question on the Appleton resident’s campaign for Down’s syndrome girl Hollie Greig. He is reported to have said ‘it is right that Robert Green is in prison’.
At the time Mr Green was on remand at HMP Perth, after naming officials in an online blog he says are complicit in a cover up over the alleged sexual abuse.
He is on bail awaiting trial over breach of the peace allegations.
In the letter, Mr Mowat said: “If the evidence presented to me does reflect the truth about what was said that day in Perth, I have to share Mr Green’s disquiet.
“I would be concerned about such a statement being made by anyone in a public forum, let alone an elected politician, whose portfolio requires he maintains his neutrality in matters relating to ongoing legal cases.
“If you have made reference to Mr Green along the lines suggested I would be very concerned about his ability to receive a fair hearing, and would request you publically clarify your position in advance of Mr Green’s trial opening

The Conservative MP said he wanted ‘assurances’ that no further references would be made to the former owner of Mossley Travel Agents in Lymm.
He added: “I believe it would be helpful if you were offer Mr Green a written apology for what was said and for any inference...you considered a man held in prison awaiting trial could be considered guilty.”
The 68-year-old, of Birchdale Road, said: “I am happy for David Mowat’s help, and support of Clr Brian Axcel (Appleton - LD), and I’m hoping we now get some proper information






Political consequences[edit]

Alex Salmond was accused of "unbelievable ignorance"
The Supreme Court ruling was controversially attacked by Scottish Justice Secretary Kenny McAskill MSP who threatened to withhold funding for the court on the grounds that it was undermining Scottish judicial independence.[14] In addition, Scottish First Minister Alex Salmond MSP convened an expert group to limit the referral of Scottish cases to the court on human rights grounds.
Both men were accused of "unbelievable ignorance" by former Principal Advocate Depute at the Crown Office, Brian McConnachie[15] and for "interfering in the independence of the judiciary and for making "highly personal" attacks on senior legal figures" by Richard Keen, dean of the Faculty of Advocates, and Cameron Ritchie, president of the Law Society of Scotland.[16] Legal commentator Joshua Rozenberg claimed that Salmond had made an "extraordinary personal attack" against Deputy President Lord Hope of Craighead, as part of a Scottish nationalist agenda.[17]
The Scotland Bill 2011 was amended, partially as a result of the decision in Fraser, to insert new section 98A into the Scotland Act 1998 which would create a statutory right of appeal to the Supreme Court from the Appeal Court in the case of an issue of compatibility with the Convention only.[18]


To allow readers to post comments on current issues related to the Shirley McKie case
Nat Fraser Retrial
Just heard that Nat Fraser is to be retried and has been refused bail. http://www.bbc.co.uk/news/uk-scot...rth-east-orkney-shetland-13807909
Nat Fraser Retrial
i would be very intrested to know what there going to retry him with.
Nat Fraser Retrial
Me too nugnug. There cannot be many people who have not read something about this case and the evidence. There was also the documentary highlighting the issue with the rings.

With Salmond continually bringing attention to the case I am sure there are people looking up the case online too.

I still think it is all a smoke screen and may not happen. Who knows?
Nat Fraser Retrial
of course if he was convicted at a retrial he would have automatic grounds for appeal because alex salmonds declared him guilty.
Nat Fraser Retrial
will they take this to trial ?
Nat Fraser Retrial
they are saying they will take it to trial but who knows what will happen in the long run. Its all just a matter of wait and see what happens next sadly.
Nat Fraser Retrial
Businessman Nat Fraser to face retrial over murder of wife Arlene

Jun 17 2011

NAT FRASER, who was convicted of murdering his estranged wife Arlene in 1998, is to face a retrial.

The decision came as judges at the Court of Appeal in Edinburgh formally quashed Nat Fraser's 2003 conviction after a recent ruling by the UK Supreme Court said it was unsafe.

Fraser, a former fruit and vegetable seller, of Elgin in Moray, was ordered to serve life with a 25-year minimum term after being found guilty of killing his wife Arlene in 1998. Her body has never been found.

But, last month, judges at the Supreme Court in London agreed unanimously that Fraser had been denied a fair trial because prosecutors failed to disclose evidence at the time.

Mother-of-two Arlene was 33-years-old when she vanished from her home on April 28 1998.

Fraser was found guilty of arranging her murder after a 15-day trial at the High Court in Edinburgh but has always maintained his innocence.

He lost an appeal against conviction in 2008, and exhausted all options open to him in Scotland, but he ultimately succeeded in having his case heard by the London-based Supreme Court.

In some circumstances, Britain's highest court can hear appeals in Scottish criminal cases which centre on human rights grounds.

He argued at a hearing in March that Scottish prosecutors breached his right to a fair trial because of the non-disclosure of evidence. He won that appeal on May 25 this year when a panel of five Supreme Court justices unanimously agreed.

Fraser argued that the failure by the prosecution to disclose that information to his legal team infringed his right to a fair trial under Article 6 of the European Convention on Human Rights.

Supreme Court Judge Lord Hope said the trial "would have been significantly different if the undisclosed evidence had been available".

The judges sent the case back to Scotland, saying judges there must decide if his conviction should be quashed and whether he should be tried again.

Two days after the Supreme Court ruling, Fraser appeared before a brief hearing at the Court of Appeal in Edinburgh, where the case was deferred following a defence request for more time to prepare its case.

He returned to court last week, where both sides set out their arguments for and against a retrial. Details of the hearing, which lasted all day, could not be reported for legal reasons.

Following a continuation of that hearing today, Scotland's top judge, the Lord Justice General Lord Hamilton, sitting with Lords Reed and Carloway, formally overturned Fraser's conviction.

The three judges granted authority for a fresh prosecution after being urged to do so by advocate depute Alex Prentice QC.

Arlene's relatives have previously backed the Crown's intention to ask for a retrial, describing the UK court's decision as "bitterly disappointing".

No date has been set for Fraser to return to court but the 52-year-old has been remanded in custody.
Nat Fraser Retrial
Salmond should be keeping his big fat corrupt mouth shut and stick to discussing politics and not expressing his own personnal opinion regarding this case.
Nat Fraser Retrial

Salmond should be keeping his big fat corrupt mouth shut and stick to discussing politics and not expressing his own personnal opinion regarding this case.

I agree Allan and would add that Cadder is also subject to reporting restrictions because he too is also to be re-tried, and Salmond has given them both a reason to go back to the Supreme Court and claim a fair trial is practically impossible because of his outbursts.

Pretty obvious in the opinion today that Salmond may have influenced the court when they refused Fraser's motions that a retrial would be unfair because of the length of time and adverse publicity etc.

We are talking about the fault of the Crown to disclose material that has cWused this miscarriage but clearly our courts intend to allow them to keep trying to get convictions without limit of time.

I would also question the Independence and Impartiality of todays court because Lords Hamilton & Reed had already refused Nat Fraser's Nobile Officium Application meaning they should not have been re trying Nat Fraser "Nemo Iudex In Causa Sua" to be found in the cases of Pinochet & Hoekstra.

We are entitled to an Independent & Impartial hearing and for me Lords Hamilton & Reed could not be seen to be Independent nor Impartial.

It was after all their last decision which was overturned by the Supreme Court.

The expert appointed by Salmond, Lord McLuskey was actually the one who should have recused himself from Hoekstra because of his views expressed that it was a field day For Crackpots, A goldmine For Lawyers and a pain in the neck for judges was his comment in Scotland on Sunday.

He was found at fault yet judges are now being allowed to sit time after time on cases and make decision after decision.

I can just Imagine Lord Hamilton after the Supreme Court overturned his decision, He is after all the top Judge in Scotland but does this give him the right to sit time after time on cases ?
Nat Fraser Retrial
Bail was refused for Nat Fraser today despite him sticking to his last bail conditions.

He can appeal this but what judge in Scotland is going to go against their BOSS because it is after all Lord Hamilton who appoints them.

I wonder how much Confirmation Bias also effects some of their judgements and to what extent.

Would be interesting to see if any appeals Lord Hamilton has refused since taking over the helm, have ever been over-turned or over-ruled by any other judges.

He is after all every single judge's BOSS.


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(John) Samuel WIGGS


Titles N/A
EducationChigwell Sch, Univ of Southampton (LLB)
Publications N/A
Recreationsplaying the bassoon and church choir singing, gardening, hill walking
Clubs N/A
StyleHis Hon Judge Wiggs
Careercalled to the Bar Middle Temple 1970; in practice London 1971-1995, recorder of the Crown Court 1991-95, circuit judge (Western Circuit) 1995-, resident judge Bournemouth 1999-2007, resident judge Bournemouth and Dorchester 2007-13; chllr Diocese of Salisbury 1997-; memb Bar Law Reform Ctee 1990-94


Obsessed Cliff fan gets suspended sentence

A woman obsessed with singers Cliff Richard and Daniel O'Donnell who stole more than £47,000 from the monkey sanctuary where she worked was given a suspended jail sentence today.
Judge Samuel Wiggs gave 41-year-old Sarah Samways, of Spring Street, Wool, Dorset, a 15-month term, suspended for two years, after being told that while she spent some of the stolen cash attending the singers' concerts and collecting memorabilia and souvenirs about them, she kept most of it at her home.
More than £35,000 in cash was found at her home, and she had kept a further £12,000 in bank accounts.
Samways had pleaded guilty to theft at an earlier hearing at Bournemouth Crown Court.
Nigel Daley, defending, told the judge: "Most of the money that was taken was simply thrown in a drawer and never touched."
Samways had not acted like a woman with £35,000 in her home.
"She had an outstanding car loan for an old Ford Sierra and none of the money was used to pay off that at all. It is almost as if she did not consider the money to be hers at all," Mr Daley said.
Christopher Jervis, prosecuting, said Samways started working at Monkey World, which is dedicated to the care and protection of primates both in the park and around the world, in 1987, and became a trusted employee.
She was even trusted to take the park's takings home with her overnight when there was no safe on site.
But as attendances at the park rose in 1998, Samways started siphoning money out of the tills by failing to ring in credit card and cash transactions.
She was only caught when one of the hand-written receipts she issued to help her scam was found by another park worker, which led to her being put under video surveillance.
Samways told police she had been taking up to £100 a day from the tills until she was caught in December last year.
More than £35,000 was found in her home and a further £12,000 in bank accounts.
Mr Daley said: "There are really three things in her life. The first is caring for her invalid mother.
"The second is an occasional going out to concerts with a particular interest in Cliff Richard and Daniel O'Donnell and collecting souvenirs and memorabilia.
"The third was Monkey World, where she worked for 13 years.
"She is a 41-year-old woman living and caring for her sick mother whose only pleasure, it would seem, is Cliff Richard and Daniel O'Donnell."
Judge Wiggs told Samways: "Your GP said you cannot understand why you did it and appear bemused and confused by your motives."
There was no reasonable explanation for her "great breach of trust" but that fact, and that she had apparently not treated the money as if it was her own, were enough to save her from going to prison immediately.
Her 15-month sentence was suspended for two years during which time she would be supervised by the probation service.
The judge also ordered her to repay all the stolen money, plus interest, to Monkey World.

Read more: http://www.dailymail.co.uk/news/article-79997/Obsessed-Cliff-fan-gets-suspended-sentence.html#ixzz3C6V8JmcO
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Child porn offender allowed to walk free by same judge who handed education official suspended sentence

GUILTY: Karl Jones at Bournemouth Magistrates Court
GUILTY: Karl Jones at Bournemouth Magistrates Court
First published in Crime and Court
Last updated 10:07 Monday 9 September 2013
A JUDGE who gave a suspended sentence to an education official convicted of downloading indecent images of children has allowed another child porn offender to walk free.
Judge Samuel Wiggs was criticised recently for giving a suspended sentence to former council officer Robert Ian Finlay, who downloaded 600 child abuse images.

On Friday, he gave a three-year supervision order to another man who downloaded more than 500 indecent images of children.
Karl Jones, 35, pleaded guilty to 20 counts of possessing still and moving images of categories 1-4, which were found on his hard drives on July 7 last year by the owners of the property in which he was staying.
Judge Wiggs said a custodial sentence would not be in the interests of justice and imposed the three-year order along with a requirement that he attend a sexual offenders treatment programme for up to 60 days.
Prosecuting, Stuart Ellacott told Bournemouth Crown Court that Jones, of Capstone Place, Bournemouth, had initially admitted downloading large amounts of adult ‘teen’ porn, which might have contained the indecent images.
However, he later pleaded guilty to the charges.
Mr Ellacott said police found software on his computer designed to make it difficult for the IP address to be traced by the authorities, and which would also allow him to circumvent blocks imposed by internet browsers.
In mitigation, Nicholas Robinson said Jones was living in Bristol as a full-time carer for his 84-year-old mother, who has suspected lung cancer.
He said: “Mr Jones clearly deserves to be punished – there are no excuses for this behaviour.
“He is deemed to be of low risk of re-offending due to his previous good character, but a short prison sentence is too little to impact on his behaviour and minimised sense of responsibility. It might be appropriate to have a meaningful sentence in the community.”
Judge Wiggs said: “You don’t need me to tell you the public are very concerned about cases of this nature.
“In many cases it is necessary to impose a prison sentence. However they are relatively short at this level and the public interest would be better served by your having treatment and being supervised for a longer period.”
Jones was also ordered to sign the sex offenders register for seven years, and to submit any internet device to police on request for examination.



spotlight on abuse: the past on trial

Martin Allen: Missing since 5th November 1979

article-1237974-07AFFF8E000005DC-952_224x356News of the World, 11th November 1979
The Guardian, 9th December 1979
artists1News of the World, 9th December 1979
Sunday Express, 27th December 1981
Sunday Express, 7th March 1982
Daily Express, 10th August 1982
DExp_1982_08_10_009vicepolice_1detailBirmingham Post, 9th November 1998
‘Missing boy shrine found with man’
Police have discovered a secret shrine to a missing schoolboy at the home of an alleged paedophile, it was reported yesterday. Martin Allen, aged 15, vanished in 1979 on his way home from school on Guy Fawkes Night. He was last seen waving goodbye to school friends as he boarded a tube at King’s Cross station in London. Yesterday detectives refused to comment on reports in a Sunday newspaper that after a tip-off to police in Merseyside, a shrine – including an engraved headstone – was found at the house of an alleged local paedophile. But officers at the Area Major Incident Investigation Pool at Kensington, West London, confirmed they were investigating new information passed on to them in connection with the boy’s disappearance. A spokesman said no arrests had been made and inquiries are continuing. Martin, the son of the Australian High Commissioner’s chauffeur, has never been seen since the evening of his disappearance, despite a worldwide search. It is understood that a month ago police on Merseyside received an anonymous letter suggesting that the 62-year-old man had knowledge of the disappearance.

Daily Mail, 23rd December 2009

‘Thirty years on, we still don’t know who abducted our son': Parents of Martin Allen make final plea for information

HOLLIE GREIG HOAX? PEADO TEACHER LET GO BY Judge Samuel Wiggs at Bournemouth Crown Court.

Teacher who downloaded child porn walks free after judge rules 'not in public interest'

A PERVERTED boarding school teacher who downloaded sickening images and videos of children being sexually abused walked free from court because a judge said it was not in the public interest to jail him.

Clarke, pictured above, from Poole, Dorset, put his offences down to “suffering something as a child” Clarke, pictured, from Poole, Dorset, put his offences down to “suffering something as a child" [BNPS]
Victims campaigners reacted with fury after hearing that despite hoarding the horrifying material involving children as young as five, gym master John Paul Clarke would not be going behind bars.
Police raided Clarke's apartment on school grounds after being warned he had bought a sex DVD online.
They discovered he had downloaded nearly 200 photographs and videos of child abuse onto his computer and searched the web using terms including 'teen boy' and 'boy punishment'.
I am sure that the British public will find his crimes sickening and perverse. But this sentence will seem equally as unacceptable to right minded people. It does not do justice to his crimes
Nick de Bois, Tory MP
Clarke, 35, from Poole, Dorset, put his offences down to "suffering something as a child" that had come back to "haunt" him.
The PE teacher was sentenced to a three-year community order and a sex offenders treatment programme by Judge Samuel Wiggs at Bournemouth Crown Court.
The single man had previously pleaded guilty to 17 offences relating to the illegal images including one video ranked at the most obscene level Category A.
Today, Tory MP Nick de Bois said: "I am sure that the British public will find his crimes sickening and perverse. But this sentence will seem equally as unacceptable to right minded people. It does not do justice to his crimes.
"We must never forget that with every image he downloaded and video bought he created another victim."
The soft-touch sentence comes just months after the Child Exploitation and Online Protection Centre warned about an increasing risk to children by online pornography.
Its 2014 report said the spread of high speed internet connections had raised the threat level posed to children.
Bournemouth Crown Court this week heard how police caught Clarke after they were tipped off that he had bought a child abuse DVD online and had it delivered to his flat on the grounds of Forres Sandle Manor school in Fordingbridge, Hampshire.
When they seized his laptop Clarke told them they would not find any indecent images.
But officers found 16 category B images and 141 category C images of children aged between five and 17. They also found 16 videos of children on the laptop, one of which was classed as category A.
Detectives discovered Clarke had searched on Russian websites for photographs of young boys and had used search terms including 'teen boy' and 'boy punishment'.
He had even looked at the images in the hours leading up to his arrest on June 28 this year.
Clarke was suspended from the independent prep school, which caters for children between the ages of three and 13 after he was charged on July 11.
He was later sacked after admitting his crimes at Southampton Magistrates' Court on July 30.







                        A REASON.

                      YES SCOTLAND KNOWS ALEX

                                OF A DISABLED CHILD

                                        WHAT WONT YOU DO?


Cabinet web advisor jailed over 'horrific' porn images

A COMPUTER expert who worked in the Cabinet Office was jailed for nearly three years yesterday after hundreds of child abuse images were found on his home computer.

hans sebastian crump, government computer expert sex offences, government employee child sex offences, child porn government computer,Crump had amassed a collection of 359 indecent images [NATIONAL NEWS]
Hans Sebastian Crump, a digital communications manager who advised the Government on its website, downloaded the images and shared encrypted files with other paedophiles on chat rooms for three years. 
Crump, 39, amassed a collection of 359 indecent images and 16 videos of “girls aged three to five years old being subjected to really horrific sexual abuse”, Peter Zinner, prosecuting, told Southwark Crown Court in south London. 
Seventy-four of the images were rated in the most depraved category A.
The effect on these children is incalculable and a sentence must be given that will deter others from viewing these images or making and distributing them
Judge Nicholas Lorraine-Smith
None were downloaded or viewed on Government computers. 
Crump admitted three counts of making indecent images of children and one of distributing the images. Jailing him for two years and eight months, Judge Nicholas Lorraine-Smith said: “The effect on these children is incalculable and a sentence must be given that will deter others from viewing these images or making and distributing them.” 
Crump was arrested on January 30 during a raid at his home in Wandsworth, south London, after a nine-month investigation.
Internet service providers had alerted police to an individual streaming indecent videos of children. Digital tracking identified Crump as the culprit.