Daily Archives: July 19, 2012

Killer Luke Mitchell in latest bid to overturn Jodi Jones murder conviction

Killer Luke Mitchell’s is continuing in his fight to overturn his conviction for murdering his teenage girlfriend Jodi Jones.

The 23-year-old has repeatedly failed to overturn the conviction, with the UK Supreme Court last year ruling that there were no grounds to hear his appeal and described the case as “closed”.

Mitchell was jailed for life and ordered to serve at least 20 years for the 2003 murder of his 14-year-old girlfriend in Dalkeith, Midlothian.

On Friday, his mother Corrine Mitchell will be joined by campaigners in submitting an appeal to the Scottish Cases Criminal Review Commission in Glasgow.

Mitchell, who was 14 at the time of the murder, has always protested his innocence but his original appeal against conviction was rejected by senior judges in Scotland in 2008.

It is believed Mitchell had hoped a fresh appeal would be heard by the Supreme Court in light of a high-profile human rights decision it gave in 2010. The Cadder ruling put an end to police being able to question suspects without the option of legal representation.

However, it is understood that Mitchell’s Supreme Court bid was refused because his initial appeal against conviction had been dealt with before the Cadder ruling was issued and it could not therefore be reopened.

Jodi was murdered on June 30, 2003. She had been stripped, tied up and stabbed to death and her mutilated body dumped in woods near her home.

Mitchell was jailed for life in 2005. He was convicted of the killing following what was at the time the longest single-accused murder trial in Scottish legal history.

Since his conviction appeal failed, his subsequent attempts to have additional grounds of appeal heard by judges in Scotland have been refused and his attempt to have his minimum jail term cut also failed.

At the various stages of the case, Mitchell’s legal team have raised questions about the way police interviewed the then 15-year-old boy and about the Crown’s use of identification evidence during his high-profile trial at the High Court in Edinburgh.

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Charity: Carers’ ‘huge feelings of guilt’ prevent them taking holidays

Carers can experience “huge feelings of guilt” that prevent them from taking holidays, according to a charity.

A study by disability charity Vitalise found that family carers avoid taking breaks if it would mean they would have to send frail or elderly loved ones into temporary care.

The study, which collated the research conducted by various organisations over five years, shows that almost six out of ten carers (57%) felt guilty about needing to use respite care.

Carers also said they had worries about the quality of care, saying those concerns were a “significant barrier” to them taking breaks.

The study also found that seven out of ten carers felt that a break from caring, even for a few days, was “important” or “very important”, and carers want more choice and control over their respite care and short breaks.

The charity warned that without holidays, a carer’s own health can suffer which affects the work they do and the quality of life of both them and the person they care for.

The Scottish Government’s Carer’s Parliament meets for the first time in October. Pledged in the SNP’s 2011 election campaign, the parliament will work to protect and improve services for carers across Scotland.

As part of its remit, an extra £2m will be invested in holiday funds for families with disabled children while an extra £14m will go towards supporting unpaid carers.

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Scotland’s blade-wielding sexual offenders, aged just eight and nine

Police are called to incidents including breach of the peace, vandalism, assault, sexual exposure, racially aggravated conduct and possession of a blade involving young tearaways on a daily basis.

Over the course of the past three years, there have been 3,202 reports, with figures rising slightly year on year. In 2011-12, there were 1,095 incidents – 36 more than the previous year’s total and 47 more than 2009-10.

They included 17 children under the age of ten caught

carrying a blade, including two eight-year-olds in Strathclyde along with 459 incidents of vandalism and 292 assaults.

Two nine-year-olds, also in Strathclyde, were reported for a sexual assault on a girl. The figures were obtained by the Scottish Conservatives, who called for more action to save the youngsters from a life of crime.

Ruth Davidson, leader of the Scottish Conservatives, said: “These results are shocking – here we have primary school children breaking the law,

carrying weapons, harming people and destroying property.

“If the Scottish Government does not get a handle on this, it will result in the nurturing of a generation of future criminals who will go on to regular and more severe offending.

“We need to ensure this number drops sharply, and stop these children in their tracks before they ruin both their own lives and the lives of others.

“We also have to question what thousands of parents are doing when their young children are out, presumably unsupervised, tearing up the streets of Scotland.” However, children’s campaigners warned against stigmatising such young individuals.

Tam Baillie, Scotland’s children’s commissioner, said: “Of course we need to intervene to address the behaviour where it is causing concern. We need to work with the children involved and their families to provide

appropriate help.

“Children who are at primary school are in their formative years and our aim should be to provide as much support as

possible without inappropriately labelling these children as young criminals.”

Anne Houston, chief executive of the charity Children 1st, added: “We recognise that

children who behave in this way are in need of support to change their behaviour and to address any underlying causes.”

The age of criminal responsibility is eight in Scotland.

All but the most serious of crimes committed by under-16s are referred to the Children’s

Reporter, rather than the courts.

The Scottish Government plans to bring out a parenting strategy in the autumn.

A spokesman said: “Behaviour by children which comes to the attention of the police is always particularly worrying –

these kids should be out enjoying positive activities rather than going down the wrong path in life.

“That is why we are investing so heavily in sporting and outdoor activities.”

Scottish independence: Minister spells out Scotland’s share of UK armed forces

The figures were produced in response to a parliamentary question from Dunfermline and West Fife MP Thomas Docherty, asking what the split would be.

Both the SNP and the UK government have previously suggested post-independence negotiations on dividing military assets and debt would begin on such a basis.

An SNP spokesman said that, while the division of assets was “arbitrary”, it would be used as the basis of what was required from the UK government to help pay for a future Scottish defence force.

He added that, although the estimate of Scotland’s share of the UK’s defence assets was £3.7 billion, this was based on 2006 figures and did not include major new items such as the money invested in Trident and new aircraft carriers.

The breakdown, which equates to approximately 26 tanks, two warships, 18 fast jets, one submarine and 26 helicopters, is expected to form the starting point for negotiations over defence equipment between Edinburgh and London in the event of Scotland becoming independent.

The projected division of assets has raised questions over whether an independent Scotland would be forced to invest in billions of pounds of equipment to fulfil its military ambitions. First Minister Alex Salmond has already indicated he would like an independent Scotland to have an air force, navy and single army mobile brigade.

SNP defence spokesman Angus Robertson this week set out his vision for a future Scottish defence force, with 15,000 regular personnel and 5,000 reserves in the three services.

Faslane, he said, would be converted into a surface fleet base and the air force bases at Lossiemouth in Moray and Leuchars in Fife would remain operational.

The party is also preparing to reverse its policy of opposing Nato membership, but this would happen only if members vote for such a move at the next SNP conference.

Mr Robertson last night insisted that, historically, Scottish taxpayers had paid for assets in other parts of the UK and around the world and that a £3.7bn inherited defence budget of would be more than enough to meet Scotland’s needs.

He said: “There is no question that Scotland, right now, contributes more than our fair share to UK defence spending – a fact that is all the more stark when we consider the mammoth decline in Scotland’s defence footprint after years of UK cuts.

“Scotland’s share of these assets is worth billions. It makes sense to consider continuing to share some of these capabilities with our neighbours but, when it comes to others, such as Trident, I am quite certain that we can trade that asset for something more useful.

“The SNP has always said we are committed to the opportunities offered by shared training, basing and procurement with neighbours, as happens between many countries in Europe, and in these austere times sharing conventional military capabilities may also make sense.”

Mr Docherty, a Labour member of the Commons defence select committee, said: “What is clear is that an independent Scotland would be left woefully short of the equipment it would require and would have to invest billions in new equipment.

“A new Type-45 destroyer costs about £600 million, while frigates are £400m and minesweepers cost another £100m each. If the SNP are serious about having a surface fleet at Faslane, then Scotland could be investing well over £1bn just on a few ships.

“Even more would then be needed to be spent on new fast jets. It is unlikely Scotland would want 11 Tornados, but seven Typhoons is not enough to support a single squadron.”

Experts said Scotland would be faced with difficult choices over equipment neither it nor the rest of the UK wanted.

Retired colonel Clive Fairweather, a former second-in-command of the SAS, was sceptical about the figures and said they underlined the problem of working out defence on the basis of geographical share.

“Most of this equipment would be completely useless for Scotland,” he said. For example, Scotland would not need tanks and nor could it maintain them.

“This is the problem of the approach taken by the SNP in looking at everything in terms of a population share, and now the UK government has shown them what this means. Defence is based on security need and where assets are most effectively placed not geographical share.”

He went on: “The trouble is that the SNP and Scottish Government have given us no idea even of what their foreign policy aims would be. It is clear they need defence equipment that would suit their foreign policy, but we still don’t even know yet whether the SNP agree Scotland should be in Nato or not.

“These questions need to be answered before they enter complex negotiations over who gets to keep what military assets and hardware.”

Jim Sillars: Scotland is bound to stay in the club

For more than three hundred years Scots have had no reason to think of issues in terms of Scottish, as distinct from UK, state interests. Our provincial interests within the UK have dominated Scottish thinking. The coming referendum requires us to shed that constricting band around the national brain, especially so for that part of it represented by the membership of the SNP.

If they want a Scottish state, they must start to think in terms of Scottish state interests. To paraphrase Winnie Ewing, if we want to stop the world and get on, we require a different mentality from the years of opposition, a very different perspective and understanding of that world, particularly in foreign and defence policy. Grandstanding is out, a new reality with new responsibilities takes its place.

“No man can set the bounds of a nation,” a quotation from an Irish nationalist, when uttered at an SNP conference, is guaranteed to win ecstatic applause.

It’s guff. Every state is subject to the geopolitical realities of spheres of influence. There are boundaries beyond which unilateral policies are not wise, and that applies with particular emphasis to small countries. That, in essence, is the lesson that Angus Robertson wants the SNP membership and conference delegates to absorb with what the media are calling, correctly, a U-turn on Nato.

Finland and Sweden, during the cold war, had the Russian Bear next door, a military superpower. Joining the EU would have been regarded as an unfriendly act by the USSR. They had to wait until the Soviet Union collapsed.

Even now, with a truculent Russia still there, they are not in Nato, although arguably their need for allies is far greater than, say, the Netherlands. In Lee Kuan Yew’s book From Third World to First, chapter after chapter explains the constraints on foreign policy of the small Singapore state because of the presence and interests of its giant neighbours Indonesia and Malaysia, with China always ominous in the background. Georgia wants membership of Nato to get Chapter 5 protection so that Nato will fight Russia if it invades Georgia.

It won’t get it. Whatever lip service is paid to Georgia’s pleas, it is not in the state interests of the USA, Germany, Poland, the Czech Republic and Hungary to tangle with the Kremlin on what it regards as its “near abroad” sphere of influence.

In a pamphlet published in 2009, I explicitly argued for continued membership of Nato. Scotland does not lie outside spheres of influence. Whilst the SNP, if successful in the referendum, will negotiate the terms of its relationship with the rest of the UK, there will be others with an acute interest in the matter.

The United States places higher priority now on the Asia-Pacific region than on Europe, but retains a strong national interest in the maintenance of the geographic integrity of Nato, as do Germany, France and the other members.

Scotland geographically is crucial to Nato’s integrity and capability in the European sphere. Our land is Nato’s biggest unsinkable aircraft carrier, from which the alliance can prevent an attempted incursion by a hostile naval force, via the North Sea, into the Atlantic sea lanes.

It is no small matter to render neutral an aircraft carrier such as we are (in effect “sinking” it) leaving a deadly gap between the North Sea and the Atlantic. It is naïve to believe that any serious attempt to do so, by giving Nato notice to quit, would not invite hostility to independence.

What could Nato members do if the present devolved SNP government says it will give their Alliance notice to quit on independence? Snooker our membership of the EU that’s what.

Whatever the SNP may claim by way of legal opinion, we shall need the unanimous support of all its members if we are actually to remain in, and that is unlikely to be forthcoming if we are prepared to sink their Nato members’ aircraft carrier and render vulnerable the sea supply line from America to Europe at a time of crisis. All it will take in the middle of the referendum campaign is for one of the Nato states in the EU to say we have no automatic entry entitlement, and cast doubt on our membership, for the SNP campaign to collapse.

We would soon learn to our cost that others can set the bounds of this nation if we endanger a policy central to their defence.

There is anticipation in the media that there will be a big debate on Nato at the annual conference (a big debate on anything there will be a change from recent years) and that the leadership will have difficulty in getting the new policy endorsed by the delegates.

I am not sure about that. When I discussed my pamphlet at a well-attended party meeting in Edinburgh, there was opposition to retention of Nato membership, but the majority came into the mature world of state interests and realpolitik. Once the leadership explains that it is not possible to put Nato into a special exclusion box because of the need to carry other states with us, or to at least render them neutral as to the outcome of the referendum, the media may be in for a nasty surprise – overwhelming support for Robertson’s new policy.

If membership of Nato, for the reasons adduced above, is one price of gaining independence then I am fo it. I have never felt shame in a change of mind.

I went from staunch Unionist “the hammer of the Nats” to independence because I saw that as being in Scotland’s interests.

Although the architect of the “Independence in Europe” policy, I am less than enamoured with the EU post-Lisbon treaty and the profoundly undemocratic and foolish handling of the euro crisis. When facts and circumstances change, so should minds.

There remains, of course, the problem of Trident. Its existence seems to be supremely important to the foreign policy establishment in Westminster. Perhaps anxiety about retention of the UN security council seat is a factor. Will it be more difficult to hold that seat if not one of the big five nuclear powers?

Without that seat a Westminster foreign secretary would be as influential in the world as the one from Belgium. Given the apparent importance of Trident to London, it is interesting to note the wording of Robertson’s policy.

There are no repetitions of past stock conference rants to whip up delegate fervour, no grandiose threat of early eviction of Trident. But of “negotiating the speediest safe transition of the nuclear fleet from Faslane.”

“Speediest safe transition.” Note those words, implicit in them is the recognition that it will take some 5-8 years, for London to build a suitable relocation port, and that during those years Trident will remain at Faslane.

Another difficult, but unavoidable reality to be absorbed by the party.

Scotland Tonight: Is Madonna still the Queen of Pop or just out to shock?

Edinburgh is getting ready to host the Queen of Pop Madonna in the latest stage of her controversy-hit tour.

The 53-year-old has made headlines for flashing on stage during previous concerts and most recently for touting an AK-47 at her dancers during a gig in Israel.

On Saturday Madonna will pack out Murrayfield Stadium in the capital to promote her latest album, MDNA.

During Thursday’s edition of Scotland Tonight, Daily Record showbiz journalist Beverly Lyons said she believed the mother-of-four is still relevant today.

She told the show that the Material Girl has “got us all talking” once again with her latest provocative on-stage antics.

Capital FM’s Garry Spence questioned whether bringing machine guns into her repertoire was necessary, but agreed that she was still significant in the current world of pop.

He told Scotland Tonight that Madonna’s choice to keep “pushing it and pushing it” may be tied into her attempt to be a continued success, having had fifteen number one albums.

Scottish News: Summer washout: Why one four-year-old Fifer is revelling in the sodden weather

Jul 20 2012
By Sam Whyte

Alexander Dewar Image 1

A YOUNG boy has been able to enjoy summer for the first time – thanks to this year’s miserable weather.

Four-year-old Alexander Dewar, who has albinism, has been able to venture outside unprotected for the first time since he was born.

Alexander’s condition means he has no melanin, the pigment which protects our skin from the sun. He also has vision problems, including photophobia – a heightened sensitivity to light.

And every summer until now, he has had to be caked in high-strength sun cream or stay indoors altogether.

But while this year’s wind and rain has been a nuisance to everyone else, it has allowed him to finally enjoy going outside to play.

His mum Isla, from Kelty, Fife, said: “The bad weather has been a good thing for us. We love it! It makes life so much easier. Whenever it’s sunny, we have to lather Alexander with sun lotion and he has to wear his hat and glasses.

“It really stresses him out and he gets very tired. But when it’s wet and cold like it has been recently, he doesn’t need his cream and he’s a lot happier.

“It’s also good for his skin because wearing sun block all the time is harmful.”

Isla, 34, added: “When he was born, it was quite a shock because nobody in our family has albinism and it was a really steep learning curve.

“I didn’t know anything about albinism. I knew he was different but I didn’t know what it was then.

“Up to seven months old, he had not opened his eyes outside. We got wraparound sunglasses and it was a really exciting day to see him open his eyes. He wears a big hat and when we’re outside he can only see his feet. He will never drive a car but he has enough vision to get around.

“Because he’s got no melanin, the way his eyes are connected to his brain are quite different, which has an impact on what he sees as well.”

Isla said one of the hardest things that she and husband Craig, 40, have to put up with is negative comments from people who don’t understand the condition.

She explained: “What I’ve learnt is that most people are just curious and my response is to be positive.

“He does get people looking at him but it’s more me and my husband that are bothered. He can’t see them very well. Kids seem pretty accepting. He’s not fussy about people asking him about it because he doesn’t want to be different.

“We’ve taught him to be patient and kind about it but it will get harder as he gets older.”

Alexander starts Kelty Primary School in August and they are being supportive, installing UV shields and other adaptations for him.

But when he’s older, Isla plans to enrol him in the Royal Blind School. She said: “I want him to be a position where he can go where he wants and do what he wants to do.

“It’s just a bit of extra work to get him there. He could have something far worse. Yes, his vision’s poor, he’s a little bit different – but he’s got so much going for him.”

Summer deluge stops cricket match.. 24 days before it was due to start

A Scotland-England cricket match has been called off because of rain – 24 days before it was due to be played.

Scotland cricket chiefs last night admitted defeat in their battle with the weather and pulled the plug on their biggest match of the season.

Cricket Scotland insisted they had no option but to cancel the August 12 showdown because of severe flooding at their No1 ground in Edinburgh, CityLets Grange.

CS chief executive Roddy Smith said attempts to find an alternative venue south of the Border had failed.

He said: “It’s disappointing but we have made the sensible decision to call it off rather than take a gamble on the elements relenting.

“I feel very sorry for the fans who will miss out on the chance to see our lads take on some of the best players in the world.”

The outfield at the Grange was under five feet of floodwater and about 130ft (40 metres) of the boundary wall was destroyed when the Water of Leith burst its banks.

Work had been due to start on installing seating and marquees in preparation for the match from next week. It was feared this could cause permanent damage.

Scottish News: Sister of tragic crash victim reveals killer driver confided in her after fatal smash

Jul 20 2012
By Geraldine McKelvie

THE sister of a young woman who lost her life to a killer driver has told how she let the man confide in her after the tragedy.

Lauren Reilly was a friend of Jamie Murray before the crash that killed 20-year-old Sara Louise Scott – his girlfriend at the time.

And she admitted she struggled with her feelings after it happened.

Waitress Lauren, 20, said: “Jamie was a friend. After the crash, he confided in me a lot. We met up a couple of times – I don’t know how to explain it.

“I’m torn. I feel like Jamie has had enough punishment already but then I remember he did take my sister’s life.

“It still hurts every day. The entire family is in bits about it.”

Murray, 22, of Ladybank, Fife, has admitted causing Sara’s death by careless driving and was remanded in custody until August 9 by a sheriff this week.

He lost control of his Seat Cupra on the A92 at Freuchie in November 2010. He hit a verge and the car rolled and struck the verge on the other side of the road before coming to rest on its side.

Sara, of St Andrews, died in hospital. Murray walked away with minor injuries.

Lauren broke the family’s silence on the crash to pay tribute to her sister, who was studying childcare and had just turned 20 when she was killed.

“Sara was very headstrong,” she said. “It was her way or no way. She was fun, loud, happy and always smiling.

“That’s how I would like people to remember her – not as the girl who died in that crash.

“When I see pictures of the mangled car, it really upsets me.”

Murray is awaiting sentence. But Kirkcaldy Sheriff Court heard on Wednesday that he had failed to turn upto meet social workers so essential background reports could be prepared.

The court heard he had been “too tired”. His lawyer, Alan Davie, said he had been “going through a very difficult period in relation to the matter”.

But Sheriff Grant McCulloch told Murray: “I warned you that you needed to co-operate with social workers.

“I am going to remand you in custodyso that I am sure this report will be completed soon.”

The sheriff said statements from Sara’s family revealed the “great impact” the tragedy has had on them.

Scotland-based Syrian activist fears for family in crisis-torn homeland

A Scotland-based Syrian activist has spoken of his fears for his family as the crisis in the country heightened.

Yassin, who did not use his real name in the Scotland Tonight interview for fear of reprisals, said that the Syrian rebels want the killing to stop.

He spoke on the latest in the Middle Eastern nation after three of President Bashr al-Assad’s closest allies were killed in an apparent suicide bombing in Damascas.

During the programme, Yassin highlighted the continued support of the Assad regime by both Russia and China as being unacceptable to the rebels.

He said he did not feel western military intervention was needed, but felt that nations could put more pressure on Russia and China to change tact.

Sunday Herald foreign editor David Pratt told Scotland Tonight that he thought the blow to Assad’s regime had been a “pivotal few days” in the crisis, but it was not the “definitive moment”.

Mr Pratt, who spent time with some of the rebel movement in Syria in March, said that the mood had changed and now they were in the “ascendancy” in the crisis.

Man extradited from Scotland for allegedly importing chemicals to Arizona

Map: Suspect extradited


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PHOENIX — A man from Scotland is behind bars in Arizona on charges that he imported and distributed chemicals used to make methamphetamine.

On Thursday, U.S. Magistrate Judge David K. Duncan ordered that Brian Howes, 48, remain in custody until he goes to trial on an 82-count indictment.

Howes, who was recently extradited to Arizona, is scheduled to be tried on September 5.

Howes is accused of running an Internet business that operated a website called www.KNO3.com. Howes reportedly used the website to bring the chemicals red phosphorus and iodine to Arizona.

According to the indictment, Howes allegedly sold approximately 6,900 grams of red phosphorus and 4,850 grams of iodine in Arizona between 2004 and 2006.

Howes’ co-defendant, Kerry Ann Shanks, is waiting to be extradited.

“Individuals who unlawfully import into our country chemicals used to manufacture harmful drugs cannot escape justice by hiding behind a computer screen in foreign lands,” said U.S. Attorney John S. Leonard. “I commend our law enforcement partners for the investigation that led to the indictment and for the assistance they provided throughout the course of the extradition process.”