I have to say that the manner in which the SCCRC has approached the whole issue of a ‘miscarriage of justice’ has been bitterly disappointing. They took years to investigate our case and instead of referring objectively justified concerns to the attention of the Appeal Court for determination, they have set out to determine our case themselves in a manner which is not Convention compliant.

What is at stake in our case is the crucial issue of public confidence in the integrity of the criminal justice system. I am absolutely confident that had the jury irregularity about which we are now concerned come to the attention of the trial judge, the proceedings would simply not have been permitted to continue as if nothing had happened, and yet this is the outcome the SCCRC expects us to collude!!

Our fight for justice continues to build momentum due to the unfailing support from our families, Mr Mike Pringle MSP, Mojo Scotland, Paddy Hill, John McManus and the wider Edinburgh South community. I can also advise a Public Meeting was recently held in the south of Edinburgh (24 March 2005) where Mike Pringle MSP, Paddy Hill and John McManus spoke on our behalf. There was an encouraging attendance present which highlights the fact people are now starting to take notice to our case. We would be entirely grateful of your assistance by way of support. The three of us and our families have found all the support given to date reassuring despite our disappointments regarding the SCCRC’s decision. Our legal team may speak to Mr Mike Pringle MSP, whose assistance to date has exceeded my expectations of a member of the Scottish Parliament, in relation to the need for a thorough review of the workings of the SCCRC and the possibility of changing its remit to include within its definition of a ‘ miscarriage of justice’ any breach of a fair trial right, pursuant to the European Convention on Human Rights. That would be a positive outcome from our negative experiences. The SCCRC has now been operating for over 5 years now and its now time for such a review. We also have evidential jurisprudence to suggest its also time for the SCCRC to be challenged in the Court of Session in relation to failing to carry out its statutory obligations in respect of rejecting a clear and blatant miscarriage of justice. This legal avenue would be unprecedented due to it being the first case of its kind in Scotland and we shall pursue our aim to have these ludicrous convictions overturned with great determination and support from friends and family alike. We may seek to widen dialogue about the enclosed matters regarding all issues of our injustice beyond the boundaries of South Edinburgh, and we would hope that Mr Mike Pringle MSP could play a leading role in bringing about such a debate within the Scottish Parliament.

The reason behind canvassing MSP’s support via the Scottish Parliament is that we are determined to highlight our injustice not only on a constituency basis. I can only reiterate our appreciation of any support you can provide and hope to hear from you via my parents, Constituency MSP or directly.

With best wishes
Yours sincerely
DAVID S. PUGH (65104)