who decided not to proceed with criminal charges
against Hamilton - despite police
fears - look set to escape
a grilling at the Cullen Inquiry
into the school massacre.
Office is insisting the decisions taken by the Procurators
Fiscals' offices cannot
be scrutinised in public. Police
reports on Hamilton in 1988 and 1991
suggested he was a danger - but failed to prompt charges.
a request for a warrant to search Hamilton's
home was rejected by the Procurator Fiscal's
office in Stirling in 1993.
Lord Cullen's inquiry
yesterday was told legal precedent suggested public prosecutors
should not have to explain their decisions at a later date.
counsel Iain Bonomy interrupted cross
examination of a police officer whose
request to the fiscal for a warrant was turned down.
Sergeant Gordon Taylor went to the fiscal
while investigating a complaint from a parent that Hamilton
had taken photographs of her son in a "questionable" position.
said it was "quite wrong" for witnesses to be asked what they
thought was in the mind of a fiscal when taking
such a decision.
a matter of law the decisions of a procurator fiscal
are not subject to scrutiny by a court of law or any other tribunal
a parents' group, campaigning for gun laws to be changed, said
the public had a right to know why action was not taken.
Pearston of the Dunblane Snowdrop Petition,
said: "People sitting in the public gallery have expected all
along that all of the decisions will be fully investigated."
added: "The murder of 16 children should mean that nobody involved
is above explaining their reasons for what they did."
spokesman for the Crown Office said
no decision had been taken about whether fiscals
would give evidence.