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MacDonald Jardine

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Posts posted by MacDonald Jardine

  1. 10 hours ago, Clangers said:

    That has to be the most arrogant post of the day!
    Yes Livvy haven’t continued the massive support they had as a new team (manager) bounce, the area has had to compete with not jut the bigots but Edinburg and they still have a support. Only in Scotland would this be seen as a bad thing !! 

    Really?

    MK Don's are still unpopular in England.

    There's no difference.

  2. 6 hours ago, DG.Roma said:

    No I meant after play has stopped.

    So for example, possible foul in the box, ref gives nothing, ball gets cleared out for a throw-in.

    Now, in Scotland, the ref tells the players to pause then waits ages for the VAR to advise either play on, or check the screen.

    In last night's Napoli game, pretty much as soon as the ball was out (a few seconds after the incident) the ref was told to go and look at the screen, and it looked like he and the VAR reviewed it at the same time, therefore the overall stoppage in play was very short compared to what we've become used to.

     

    There was similar in the Manchester Derby. A possible handball cleared up in a matter of seconds.

    I thought yesterday if he can't tell if it's a handball after what seemed like 5 minutes at the screen it isn't a penalty.

    Then again he did the same for the sending off which was blatant.

  3. 28 minutes ago, Tony Wonder said:

    I get why Saints set up like that, especially to start with, but are you doing that against teams closer to you? I know there have been grumbles about the style but that was more negative than I expected first hour. You've got more quality than to be playing like that regularly IMO.

    It's a Levein team.

    What did you expect?

  4. 10 minutes ago, woolf said:

    Stop the Hidees pish and I think we could almost be friends.

    Dundee look very good and 0 point from 6 is Fkn harsh ,no danger you’ll be anywhere near the bottom 4

    No we couldn't.

    Continually chanting the name of a player who did nothing to their positive benefit.

    The missing e-mail.

    Generally being one of the moaniest supports in Scotland.

    GIRU them.

  5. 1 hour ago, lichtgilphead said:

    Are you suggesting that the UK government is "highly unlikely almost to the point of impossibliity" to arrange a nationwide pardon & compensation scheme, either with or without Scottish Government participation?

    Yes, on the basis it's a devolved matter.

  6. 14 minutes ago, lichtgilphead said:

    Agreed. However, the prosecutor has to take it on trust that the prosecution witnesses aren't lying and have made reference to any potential deficiencies in the prosecution, either in the 'Notes for guidance of the Procurator Fiscal' or in the disclosure schedules. If the Post Office invesrigator's statements had contained this information, I highly doubt that the case would have been marked for prosecution.

    https://www.copfs.gov.uk/publications/reports-to-copfs-a-guide-for-specialist-reporting-agencies/html/

    3.12 Summary of facts and evidence

    This should summarise the relevant facts that constitute the offences and specify the evidence which proves them. All relevant evidence must be disclosed whether favourable to the Crown or the defence. There must be no wilful suppression of relevant evidence.

    4.5 Detrimental evidence
    Finally it is important that material which may be detrimental to the prospect of a conviction is not omitted from the statement. In order to perform his or her function properly the Procurator Fiscal must be aware of all the evidence which has been gathered regardless of whether it contributes to the evidence against an accused person or is in his or her favour.

    I agree that it's not likely, but it's possible.

    My point was that @Left Back's assertion that it was impossible for Westminster to do anything regarding convictions in Scotland was absolute nonsense, as I'm sure you must agree.

    Not impossible no.

    Highly unlikely almost to the point of it though.

     

  7. 2 hours ago, lichtgilphead said:

    My argument is that power devolved is power retained. 

    As long as Scotland remains part of the UK, Westminster can do whatever it likes. Just because Westminster hasn't abolished the Scottish Parliament doesn't mean that it cannot do so.

    As such, your initial statement that it is impossible for Westminster to right these wrongs is demonstrable nonsense, irrespective of the current willingness of the Scottish Government to work jointly toward a UK-wide solution.

    Do you really think that Westminster would stand back and say "It's a Scottish Govt responsibility" if compensation in Scotland was set at a far greater rate than down South?

    Yes.

    How would that differ from no tuition fees, no prescription charges or baby boxes?

    You're right: the Westminster government could repeal the Scotland Act if they chose.

    In theory.

    How likely do you think that is?

  8. 3 hours ago, lichtgilphead said:

    1) The Scottish Government doesn't own the Post Office though. It's owned by the UK Government. Accordingly, it was employees of the UK Government that were telling lies in court

    2) The Crown Office is independent of the Scottish Government

    The Post Office (either through their own staff or their legal team) will have submitted the initial report(s) to COPFS through SRAWEB (the portal via which non-police reports must be submitted). Any report will include statements from the investigating officers detailing their investigation, and will also include a statement that Horizon was operating correctly at the time of the alleged offence. The Post Office would also be responsible for compiling & producing the disclosure schedules which are given to the defence.

    Accordingly, if the report progresses to trial, the Fiscal will lead the prosecution witnesses through their statements in court. Without the Post Office evidence, the Crown would have no case!

    Under devolution, power devolved is power retained.  The UK Doctorine of Parliamentary Supremacy states that Westminster can do what it wants to. There is absolutely nothing preventing Westminster from righting these wrongs without involving Hoyrood in any way whatsoever,

    You're right as far as it goes, but the Crown Office retains overall responsibility for the prosecution.

    If there are legitimate doubts about the solidity of the case,  and it sounds like there were it's in their gift to stop the prosecution.

    They didn't.

    I'm not especially criticising that, just pointing out the hypocrisy of the First Minister blaming the Westminster government for being slow to sort it.

    And I know the Crown Office is independent of the Scottish Government,  or should be.

    That was a bit of a facetious point in response to our Leith friend's horror at this being politicised.

  9. 17 minutes ago, Leith Green said:

     

    In England, by an oddity of law, the Post Office was able to bring certain charges against postmasters.

    However other charges were also brought by the CPS (their equiv of our COPFS) depending on the alleged offences.

    While it is true that there were serious questions about the system as far back as 2013, prosecutions (by the CPS) continued in England until 2015, at the rate of one per week...............

    The issue is very clearly that the evidence - as presented by the Post Office - either to courts in England, Scotland, or NI was not only flawed, but could even have been fabricated in order to back up their belief in the flawed Horizon system.

    Clearly there are questions to answer - but to politicise it is totally wrong when the real issues need to be laid at the door of the PO and Fujitsu.

    We have the ludicrous position here that the likes of the Scotsman and the BBC looking to turn this into a SNP bad story - I will pretty much guarantee that Dorothy Bain will tell Holyrood pretty much what I have above.

    You're completely missing the point.

    The Post Office presented no evidence on their own behalf to any court in Scotland.

    The evidence went to the Crown Office,  who are supposedly independent.

    They take a view on evidence and equally should reconsider if further evidence comes to light.

    Similarly the decision not to consider whether the convictions were unsafe is and always has been a decision to be taken in Scotland.

    For our First Minister to effectively blame the UK government for not acting quickly enough is a stunning example of SNP buck passing.

  10. 7 hours ago, Leith Green said:

    You do understand that the evidence, as presented by the PO, passed the test for going ahead with prosecution?

    Hence the PFS/CO went ahead, in the same way as their equivalents did down south?

    Subsequently, it has become apparent that the IT system was flawed so the key evidence was no longer trustworthy.

    You do know all this, yes?

    It's not as simple as that though.

    Yes the evidence did pass the initial test, but the same doubts were known to the Crown Office in 2012/13 as were known in England.

    They carried on regardless.

  11. 9 hours ago, Leith Green said:

    Its wild that wee dougie ross and anas sarwar are today laying the blame for the Post Office scandal at <checks notes> the Scottish Govt........................

    Excuse Me Wow GIF by Mashable

     

    I'm sure they're not. They're pointing out the flagrant hypocrisy of criticising the Westminster government for the scandal when the Crown Office decided to prosecute the same thing in Scotland while having the same information.

    Under an SNP government by the way.

  12. 3 hours ago, LuboMoravcik said:

    This thread was a wild ride.

     

    I think he's a just fairly poor official who makes a lot of errors and they're magnified because refereeing decisions in football are so intensely scrutinised. I think refs not being full time in Scotland is one of the issues we have and I'd love to see that changed.

    Of course you do. You benefit from a good chunk of these errors.

  13. 58 minutes ago, LIVIFOREVER said:

    Were they not almost bankrupt when he moved them to Livingston, sure i read that being a reason for going to Livi. Having dodgy gits continued being a theme for Meadowbank/Livingston then.

    Yes I believe so but that was on the basis they were trying to be ambitious and wanted to grow.

    Livi was seen as the way of doing that for some reason.

    I don't see how anyone can agree with the move.

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