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Mark Lindsay KC, the parole board’s lawyer, said that other evidence had been used to reach the conclusion that Mitchell should not have be released.
He told the judge that his clients acted lawfully and the report played no part in the board’s eventual decision.
Mr Lindsay said that the author of the report was a doctor who Mitchell believed to be so “biased” that he was making a report to the General Medical Council about his alleged failures.
He added: “The petitioner believes this to be a fundamentally flawed report and yet considers it to be procedurally unfair for the respondents not to have considered it.
“I ask that the petition to be refused.”
He told the court that the parole board was obliged to hold another hearing before April this year, and that panel would consider all evidence about Mitchell’s suitability for release afresh.
Lady Haldane will issue a written decision in due course.
BBC News
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