In the Megrahi case, the bulk of the reasons found by the Scottish Criminal Cases Review Commission for holding in 2007 that the conviction might have amounted to a miscarriage of justice related to breaches of the prosecution’s duty of disclosure. And John Ashton’s book Megrahi: You are my Jury has provided further examples of material that ought to have been disclosed by the Crown to the defence, but was not.
Just what is it about the rules regarding disclosure to the defence of evidence that could assist the accused that prosecutors in high profile criminal cases find so problematical? Is it possible that prosecution culture is so antipathetic towards the concepts of fair play and equality of arms that the rules embody that prosecutors deliberately seek to evade them? Surely not.