From: Trident Ploughshares 2000 Sun, 01 Sep 2002
Appeal of Ulla Roder High Court of Appeal Edinburgh 22 Aug 2002
As far as the High Court were concerned the only live issue was the
Sheriffs recommendation to deport. Ulla refused to attend because she
didn't want the deportation issue to be looked at in isolation from the
matter of conviction and the 3 months prison sentence.
The night before the hearing the Home Office faxed the Clerk of Justiciary
a copy of a letter which they sent to Dennis Canavan dated 16 Feb 2002. It
said that the Home Secretary, after representation from the Danish Embassy,
had decided not to take any action to deport Ulla Roder.
At the hearing (which Ulla did not attend) John Mayer Advocate argued that
the purpose of the appeal was to get the Sheriffs recommendation to deport
quashed and as the Home Secretary had already made a decision to take no
action this legal issue had become academic.
Lord Justice General Cullen agreed and dismissed the appeal.
This means that the appeal was neither won nor lost.
Legal comment: When legal issues and political issues run side by side
legal problems can rely on a political solution. In future when Ulla is on
trial she can refer to this. She can say that the Home Office reaffirmed to
the High Court it's decision not to deport and whilst this decision remains
in place it is futile for any Sheriff to make another recommendation.
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