Description
Bill of Advocation – Appeal Court, High Court of Justiciary – Petition to nobile officium/order of pro loco et tempori substitution for proceedings simplicator.
Case involved indictment of complainer on six charges including murder by shooting and assault by presenting a fire-arm. Charge 6 was a charge of attempting to pervert the course of justice. Crown witnesses had been warned about lines of cross-examination which were likely to arise. Discussed test of whether re-trial would inevitably be unfair. Not accepted that since error on part of Crown more prejudice caused to complainer. Refusal to grant Bill of Advocation. Petition to the Nobil Officium incompetent since remedy provided at this Hearing.