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Paul Mcgowan In Trouble


HSS

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HSS - do you have a link for this? I know that he was arrested in Airdrie when he was with Celtic in 2009. Hope it is old news and not a repeat.

Aug 11th this year mate.No link but it's in the PDE.
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Not seen PDE today but from what you have read it looks like a different incident to the one from a newspaper report in 21st Sep 2009 which is showing up on Google.

Considering there is a 4 year time difference I would say it is a different incident!!!
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No problems....This is Paul McGowan the person not Paul McGowan the football player who is a subsiduary entity and just run by Paul McGowan the person. If there's fines or community service etc Paul McGowan the person can be listed as a naughty boy who has committed a crime under the influence of others while Paul McGowan the footballer gets on with his job as normal.

Phil to announce on tannoy " Number 9.....Stephen Thompson .....Number 10....The Paul McGowan!"

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I agree - all the more worrying.

Does anyone know how long it takes the PF to review a case. I know of someone who had a case sent by CID to PF in February and there has been no news back from the PF. Maybe Zurich Allan knows how these bodies work.

It really depends to be honest. The PF at the moment is absolutely swamped. I've sat in many cases this year where the first hour of business is taken up with nothing more than the Fiscal Depute pleading with various Judges to have extensions granted to the time bar in various cases due to not being ready to go to trial having not had time or resources to fully review cases and gather evidence.

The problem is that the PF have had a freeze on permanent recruitment imposed by the Scottish Government for the past three and a half years, and so they can't take on new staff to deal with the backlog.

That said, a time bar only comes into effect if the charge stems from a statutory breach of the law. If the charge is a common law one, then there isn't a legally enforceable time bar. Also, a time bar only exists prior to the Fiscal deciding whether or not to proceed with a case. Once they've decided to go ahead, they can commence proceedings to allow pleadings to be made and then adjourn them for as long as they choose, again with no legally enforceable time bar as such.

That said, there is a legally accepted principle that somebody is entitled to expect the justice process to be completed in a reasonable time, and should not have to have a potential criminal case hanging over them indefinitely, and at a hearing when the Fiscal Depute requests an adjournment, the lawyer of the accused is entitled to challenge that adjournment and argue that it is prejudicial to the accused who is effectively already being punished if held on bail in perpituity etc.

In my experience, a Judge will be happy to adjourn a case based on resource reasons / lack of witnesses etc. ONCE, but on request a second time they tend to get quite annoyed and tell the Fiscal to either proceed with the case or be prepared to drop it unless there are exceptional circumstances in the public interest.

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