Reports on level crossing crash

David Hansen made this Freedom of Information request to Scottish Court Service

The request was partially successful.

From: David Hansen

9 February 2009

Dear Sir or Madam,

I refer to the crash at Moulinearn reported in
http://news.bbc.co.uk/1/hi/scotland/1318...

Searching the Scottish Courts web site only reveals one report on
this crash, the report from 2005 at
http://www.scotcourts.gov.uk/opinions/20...

However, there are also reports dating from 2001 and early
2008/late 2007, http://news.bbc.co.uk/1/hi/scotland/1689... and
http://www.thecourier.co.uk/output/2008/...
respectively.

http://www.scotcourts.gov.uk states, "This site provides a single
access point for information relating to civil and criminal courts
within Scotland, including the Court of Session, the High Court of
Justiciary, the Sheriff Courts, Justice of the Peace Courts,
District Courts and a number of other courts, commissions and
tribunals." and therefore these two reports should be available.

Please provide a link to these two reports, or if that is not
possible a copy of them. Should it not be possible to provide these
reports in plain text or HTML format please contact me first to
agree an acceptable format for the reports.

Please note that "replies" which involve attachments in proprietary
file formats are not acceptable. A reply which is not in plain text
format will be deemed to be a refusal to answer.

Yours faithfully,

David Hansen

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From: Whiteford, Susan
Scottish Court Service

10 February 2009

Dear Mr Hansen

I acknowledge receipt of your request made under the Freedom of
Information (Scotland) Act 2002 which was received on 9 February 2009.

I refer to the crash at Moulinearn reported in

[1]http://news.bbc.co.uk/1/hi/scotland/1318...

Searching the Scottish Courts web site only reveals one report on

this crash, the report from 2005 at

[2]http://www.scotcourts.gov.uk/opinions/20...

However, there are also reports dating from 2001 and early

2008/late 2007, [3]http://news.bbc.co.uk/1/hi/scotland/1689...
and

[4]http://www.thecourier.co.uk/output/2008/...

respectively.

[5]http://www.scotcourts.gov.uk states, "This site provides a single

access point for information relating to civil and criminal courts

within Scotland, including the Court of Session, the High Court of

Justiciary, the Sheriff Courts, Justice of the Peace Courts,

District Courts and a number of other courts, commissions and

tribunals." and therefore these two reports should be available.

Please provide a link to these two reports, or if that is not

possible a copy of them. Should it not be possible to provide these

reports in plain text or HTML format please contact me first to

agree an acceptable format for the reports.

Please note that "replies" which involve attachments in proprietary

file formats are not acceptable. A reply which is not in plain text

format will be deemed to be a refusal to answer.

Your request is currently being considered and a response will be sent to
you as soon as possible and in any event not later than 12 March 2009.

Susan Whiteford

Head of Corporate Communications

Scottish Court Service

Hayweight House

23 Lauriston Street

Edinburgh

EH3 9DQ

Tel: 0131 221 6814

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this e-mail in error please notify
[email address]. Please note that any views or opinions
presented in this e-mail are solely those of the author and do not
necessarily represent those of the Scottish Court Service (SCS). Finally,
the recipients should check this e-mail and any attachments for the
presence of viruses. The SCS accepts no liability for any damage caused by
any virus transmitted by this e-mail.

www.scotcourts.gov.uk

References

Visible links
1. http://news.bbc.co.uk/1/hi/scotland/1318...
2. http://www.scotcourts.gov.uk/opinions/20...
3. http://news.bbc.co.uk/1/hi/scotland/1689...
4. http://www.thecourier.co.uk/output/2008/...
5. http://www.scotcourts.gov.uk/

Link to this

From: Whiteford, Susan
Scottish Court Service

13 February 2009

Attachment reply 1322009.doc
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Attachment cosappealnim0111 2 rich text.rtf
169K Download View as HTML

Attachment cosappealnim0111 2 plain text.txt
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Attachment FAI Bruce S ThomsonFinal 2.doc
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Attachment FAI Bruce S ThomsonFinal 2 rich text.txt
46K Download View as HTML

Please find enclosed our response to your recent FOI request.

Susan Whiteford
Head of Corporate Communications
Scottish Court Service
0131 221 6814

[1]www.scotcourts.gov.uk

The [2]Scottish Court Service delivers access to justice by providing the
people, buildings and technology to support the operation of the Courts
and the Office of the Public Guardian.

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this e-mail in error please notify
[email address]. Please note that any views or opinions
presented in this e-mail are solely those of the author and do not
necessarily represent those of the Scottish Court Service (SCS). Finally,
the recipients should check this e-mail and any attachments for the
presence of viruses. The SCS accepts no liability for any damage caused by
any virus transmitted by this e-mail.

www.scotcourts.gov.uk

References

Visible links
1. http://www.scotcourts.gov.uk/
2. http://www.scotcourts.gov.uk/docs/report...

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From: David Hansen

16 February 2009

Dear Whiteford, Susan,

Thank you for this very prompt reply to my enquiry. If other
organisations were as prompt it would be a pleasure to deal with
them.

Yours sincerely,

David Hansen

Link to this

From: Whiteford, Susan
Scottish Court Service

16 February 2009

Thank you for your email - I am out of the office now until Monday. Call secretariat on 0131 221 6824 if urgent

Freedom of Information enquiries should be sent to [email address].
E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Court Service (SCS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourts.gov.uk

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From: David Hansen

24 February 2009

Dear Susan,

I think there has been excessive crossing out of information in the
report on the FAI. There was no reason to cross out the names of
witnesses 3 - 9, 16 & 17. They gave their evidence openly and can
have no expectation that their names would be kept secret.

Secret witnesses are having a corrosive effect on the legal system
and the names of those who gave evidence to a FAI should always be
public, "evidence" given in secret cannot be properly tested and
has no value.

Yours sincerely,

David Hansen

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