Of all the abuses of the Diplock System the worst abuses maybe the excuses made for it.
The Fundamental Flaws in the Arrest, Trial & Appeals of Christy Walsh
He also refers to his previous (mistaken) suggestions that we regard him as guilty ... If Walsh's application succeeds it may gain a higher profile and raise questions over other convictions.
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Departmental advice to the Minister of Justice, 14 June 2011
It is a question of a conspiracy of lies, a deliberate attempt to have this man convicted of an offence for which he should not have been convicted.... This case so far as the essential facts are concerned is black and white, either there is a concoction and a fabrication, a series of dastardly lies being told by the military witnesses in this case or there is not. Mistake does not enter into it in my respectful submission.
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The essential matter in this case is that if the Crown case is correct, as I say it is, and if your honour accepts the evidence of the Crown witnesses then the jar was in his pocket: he had possesion of it, and there was no forensic evidence. ... But the contrary version of that is that if the accused is right then very serious misdeeds have taken place.
... if a defendant has been denied a fair trial it will almost be inevitable that the conviction will be regarded unsafe, the present case in our view constitutes an exception to the general rule. ... the conviction is to be regarded as safe, even if a breach of Article 6(1)* were held to have occurred in the present case.
Summing up at Trail, Crown Prosecutor, Mr Gary McCrudden
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Per Lord Carswell, concluding that the Trial Judge was not lawfully justified for his "main criticism".
R v Walsh (2002) NICA 1
*Article 6 of the European Convention of Human Rights (right to a fair trial).