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The decision of the appeal court to overturn the flawed decision of the Isle of Man High Court in the long running police phone bugging scandal is a landmark judgement for civil liberties on the Isle of Man and a swingeing rebuke to the lower court.
At the time the High Court effectively referred the bugging complaint back to be heard again by another tribunal. At the time the Celtic League were highly critical of the decision.
See Celtic News No 2167:
DECISION TO APPEAL TRIBUNALS INITIAL JUDGEMENT MAY BE ILL - JUDGED - March 2007
In our view the original perverse judgement set a major precedent by seeking to interfere in and obstruct the mechanism of a system put in place (the Interception of Communication Tribunal) to protect the public.
The recent appeal court ruling is comprehensive and although the final decision makes a brief comment (at para 128) aimed at deflecting any criticism of Deemster Doyle's earlier decision the full text is full of 'uncoded criticisms'. Most worryingly one such criticism contends that part of the Deemsters (Manx High Court Judge) error is predicated on applying pre-Human Rights precedent (at para 124). This must give cause to concerns about the ability of the Isle of Man High Court to ensure that its judgements are Human Rights complaint.
J B Moffatt Director of Information Celtic League
03/08/07
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