The prisoner was placed at the Bar, before the High
Court of Justiciary, at Edinburgh.
The High
Court of Justiciary ruled the extradition would be illegal, as Dean would face two additional charges in Taiwan related to his alleged absconding, charges not on the original extradition request.
He said it was "only by her good fortune and perhaps yours" that Dunn was not tried at the High
Court of Justiciary for murder.
"As Lord Carloway recognised at the original hearing before the High
Court of Justiciary in February, the equivalent English provisions allow courts there to set aside such fines.
But judges at the High
Court of Justiciary in Edinburgh have told him he has been unsuccessful.
But the 61-year-old is back home in East Kilbride after his appeal was upheld at Edinburgh's High
Court of Justiciary.
The Sheriff-Depute's report on Aberdeen Asylum (1816) noted how: "The
court of justiciary have been of late years in the practice of ordering lunatic convicts to be confined for life." (50) That the Justiciary Court had no legal right to order the committal of convict lunatics to public madhouses is shown when an attempt by the Northern Circuit Justiciary Court at Aberdeen to do this in 1815 was successfully resisted by the managers of the asylum there.
The appeal will be heard before the High
Court of Justiciary sitting at Glasgow High Court on Monday 28 June 2004.
(13) In the High
Court of Justiciary at Camp Zeist (Case No: 1475/99), Opinion of the Court, delivered by Lord Sutherland in causa Her Majesty's Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa, Mimeograph copy.
Galbraith's murder conviction was overturned by five appeal court judges last June at the High
Court of Justiciary in Edinburgh.