Criminal Appeal:- On 13 December 2001after trial at the High Court at Glasgow the appellant was convicted of assault to severe injury, permanent impairment and to the danger of life and attempted murder. The appellant was sentenced to eight years imprisonment. Albeit he did not appeal against his conviction and sentence the appellant subsequently made an application to the Scottish Criminal Cases Review Commission which referred his case to the appeal court. The only ground of appeal argued related to the contention that the appellant's right to a fair trial had been denied. The submission largely concerned alleged failures by the Lord Advocate to disclose prior to the trial material which would have been of assistance to the defence of the appellant. Here the court considered whether the appellant had been denied a fair trial because his counsel did not have access to a statement which the police had taken from an eye witness immediately after the witness had viewed an identification parade.

Court: Court Of Session (Appeal Court) (Scotland)

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Full Judgement here...