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Top judge enters World's End row Top judge enters World's End row
(about 1 hour later)
The head of the High Court has said public comments made by Scotland's top prosecutor in the wake of the World's End trial were inappropriate. Scotland's most senior judge has crititised Scotland's top prosecutor for her public comments in the wake of the collapsed World's End murder trial.
The case collapsed in Edinburgh when the trial judge ruled that there was not enough evidence.
Lord Advocate Elish Angiolini later defended the Crown's handling of the case in the Scottish Parliament.Lord Advocate Elish Angiolini later defended the Crown's handling of the case in the Scottish Parliament.
However, Lord Justice General, Lord Hamilton, warned that the independence of the judiciary was being put at risk. Lord Justice General, Lord Hamilton, in an unsual move, warned the independence of the judiciary was being put at risk.
Judge Lord Clarke dismissed the case against convicted killer and rapist Angus Sinclair, who was accused of murdering two teenage girls 30 years ago, saying that the Crown had insufficient evidence to proceed. But Ms Angiolini said it was important to make a statement to MSPs on the case, to allay public concerns.
Public criticism in a political forum of particular decisions, especially in controversial and sensitive areas, is in my view inappropriate Lord HamiltonLord justice general Her move was supported by First Minister Alex Salmond, who pointed out that the lord advocate was accountable to parliament.
Judge Lord Clarke dismissed the World's End case in Edinburgh against convicted killer and rapist Angus Sinclair, who was accused of murdering two teenage girls 30 years ago, saying that the Crown had insufficient evidence to proceed.
READ IN FULL The Rt Hon Lord Hamilton's letter to the Rt Hon Elish Angiolini [164KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
Christine Eadie and Helen Scott, both 17, were last seen in the World's End pub in Edinburgh and their bodies were found dumped in East Lothian.Christine Eadie and Helen Scott, both 17, were last seen in the World's End pub in Edinburgh and their bodies were found dumped in East Lothian.
Ms Angiolini later told MSPs that Crown evidence had established a circumstantial case against Sinclair. Ms Angiolini later told parliament that Crown evidence had established a circumstantial case against Sinclair.
She also supported a change in the law to allow the Crown to appeal certain criminal cases if they were thrown out of court.She also supported a change in the law to allow the Crown to appeal certain criminal cases if they were thrown out of court.
In a highly unusual step, Lord Hamilton has written to the lord advocate, stating that the independence of the judiciary depended on final decisions made by judges being respected. Lord Hamilton has now written to the lord advocate, stating that the independence of the judiciary depended on final decisions made by judges being respected.
"If such respect is not afforded, the independence of the judiciary as the final arbiter of legal issues is put at risk," he said."If such respect is not afforded, the independence of the judiciary as the final arbiter of legal issues is put at risk," he said.
"An open challenge to the correctness of a final decision does not afford the requisite respect."An open challenge to the correctness of a final decision does not afford the requisite respect.
"Rather, it tends to undermine for the future the confidence which judges, faced with difficult decisions in controversial cases, can reasonably expect to have that their decisions will not be openly criticised by other organs of government.""Rather, it tends to undermine for the future the confidence which judges, faced with difficult decisions in controversial cases, can reasonably expect to have that their decisions will not be openly criticised by other organs of government."
Lord Hamilton said the public prosecutor was entitled to her private views as to the soundness of legal decisions. Elish Angiolini made a statement to parliament
Lord Hamilton said the public prosecutor was entitled to her private views on the soundness of legal decisions.
However, he added: "Public criticism in a political forum of particular decisions, especially in controversial and sensitive areas, is in my view inappropriate.However, he added: "Public criticism in a political forum of particular decisions, especially in controversial and sensitive areas, is in my view inappropriate.
Responding to the letter, the lord advocate said she had endeavoured to stress the independence of the judiciary in her statement, adding: "I do not think I could have gone further expressly to afford greater respect for the final decision of the trial judge in the circumstances."
Ms Angiolini said she considered it necessary to respond to criticism of the Crown's handling of the case, including the issue of evidence which was not led.
"There was an unprecedented interest in the actions of the advocate depute, there were calls for an inquiry and for a statement be made to the parliament on the Crown's handling of the case," she said.
"It was suggested that the case had damaged public confidence in the criminal justice system.
"I considered that it was important for me to allay public concerns as quickly as possible and that this should be done by a full statement to the parliament."