#ga2019 report 04 – Minute of the Appeal Hearing before the Judicial Commission

Number of deliverances – 0
Length of report – 1 page
Appendix – 0

Whats the minute about?
One the marks of presbyterianism id Disciple, this has been a evident feature of the Kirk’s relationship with the state historically. currently the Church of Scotland still has some legal standing and hears cases in some circumstances.

In a case where someone can complain against an elder, deacon or minister of the Church of Scotland to the Presbytery, and if it is serious enough, an independent group called a presbyterial commission are appointed to come in and investigate the case, (they only start investigating after any police investigation and subsequent case is finished). They may find there is nothing to investigate, or there is, in which case they can call witnesses and hear the case. Legal aid is available in this process to the person subject to the complaint. At the end of the process, they rule, and if there is to be a censure of some kind they recommend what is appropriate in the case.
If you feel this is censure is unfair you can appeal the decision to the judicial commission. this tis the minute of one appeal

Thoughts on the minute.
This minute appears to say nothing but says quite a lot.
The appeal was about the severity of the censure given in this case.
then appeal grounds 1&2 point to a breach of natural justice, but the judicial commission found this wasn’t a material breach fo dismissed the appeal.
Unanimously dismissing appeal grounds 1-5, but grounds for appeal 6 was dismissed by a majority vote of 8 to 3. I wonder what gave ground 6 validity so 3 people voted for that ground.

Perhaps this says more about the decision making process than it does about the specifics of the case.

Questions

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