The judges will be chosen by the Scottish Lord Justice Clerk who is the second in command of the Scottish judiciary. I met them several times over a period three or four weeks in 1993. They appeared to be reasonably intelligent and articulate men, both with a command of some English although one better than the other. The accused are certainly concerned that any court which hears the case should not be a kangaroo court. It is worrisome that some people seem to think that it is only a question of the two suspects turning to be found guilty and sentenced.
Scottish law is as different from English law as it is from French law.
Since the burden of proof is on the prosecution I am permitted to test the prosecution case by cross examination. In relation to forensic evidence samples usually deteriorate over time so the defense can be prejudiced because the samples can sometimes no longer be tested by defense experts. The prosecution has refused to allow us access to the evidence until the accused are in custody. They believe that a jury in Scotland would be unable to consider the evidence in the case without being prejudiced or effected by publicity that has taken place in British media of the accused. There wasn't a treaty, there was an agreement.