Reports on level crossing crash

The request was partially successful.

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

Whiteford, Susan, Scottish Courts and Tribunals Service

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

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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/

Whiteford, Susan, Scottish Courts and Tribunals Service

5 Attachments

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...

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

Whiteford, Susan, Scottish Courts and Tribunals Service

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

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