An excellent article at Bishop Hill here describing a clean sweep for Don Keiller in court (with David Holland as a “Mackenzie friend”) against the University of East Anglia and its solicitors. Decision is here.
The article reports on Keiller’s appeal to the First-Tier Tribunal (Case No. EA/2011/0152) in the General Regulatory Chamber – Information Rights. The appeal related to the second part of Keiller’s original FOI – instructions sent by CRU to Georgia Tech on their use of CRUTEM. CRU had argued that they didn’t have the information because Jones had deleted the email and they did not have access to the server in police possession. All arguments by the university were dismissed, with the judge being more than somewhat acid in some of his comments.
The University of East Anglia’s argument was hampered by their failure to present direct evidence from Phil Jones. (Assertions by Jones were presented by what Don Keiller described as “third-hand hearsay” – a conversation between Jones and David Palmer, passed on to Jonathan COlam-French, passed on to the UEA solicitor. Keiller and Montford observe:
It appears that UEA were keen that Jones should not appear on the witness stand, where he would be required to give evidence under oath. In fact it is noteworthy that, despite all the official “investigations”, Jones has never been required to answer questions under oath or provide a signed declaration.