Earlier this week, Stonehaven Sheriff Court heard from Mr Green’s legal counsel, Frances McMenamin QC who opened on Monday, stating her surprise at Procurator Fiscal Stephen McGowan representing the prosecution. This was due to the issue of the computer records provided by the Crown Office indicating that Mr McGowan may be liable to be called by the defence. He was asked by Ms McMenanin to recuse himself. PF McGowan refused and put to Sheriff Principal Bowen that the prospect was theoretical. The sheriff agreed with him and allowed him to continue until there was an adjournment soon after.
Upon the resumption of proceedings, Mr McGowan stood up holding a document, a citation calling him as a defence witness. He asked for an adjournment as he would have to reconsider his position. Sheriff Bowen said he was most displeased to be placed in this situation and had never before come across such an event in 45 years of legal experience. He granted the adjournment.
Former Lord Advocate now Dame Elish Angiolini employed Cayman Islands hopping lawyers from Glasgow. Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasogw law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE
Justice Secretary Kenny MacAskill worked at, has ties to same law firm used by then Lord Advocate Elish Angiolini in interdict case. As details of the case began to be reported in the wider press, it emerged the Scottish Justice Secretary, Kenny MacAskill had links to LEVY MCRAE, the law firm employed by the then Lord Advocate Elish Angiolini in legal action against Mr Green. Mr MacAskill has made no comment on the fact he served his apprenticeship at Levy McRae and also worked at the firm for a considerable time during his years as a solicitor before he entered politics, while he is thought to have backed Dame Angiolini in her actions at the time. The revelations were reported by Scottish Law Reporter at the time, HERE.
The Crown Office have consistently REFUSED to respond to Freedom of Information requests asking for details of how much public money was spent on legal representation for the then Lord Advocate Elish Angiolini. However, earlier today sources close to the Crown Office condemned the huge cost of the operation against Mr Green on the single breach of the peace charge, claiming the level of expenditure by multiple public bodies & law enforcement was unsustainable & unjustified for a simple breach of the peace.
Legal observers have speculated that former Lord Advocate now Dame Elish Angiolini will be appearing as a witness for the Crown given her role in bringing the interdicts against Mr Green when hearings finally get underway. However the Judge sitting in the case, Sheriff Principal Bowen has stated that he will no longer be involved in the trial once a new date is set.
When the next hearing takes place on Monday 21st November, it is to be held specifically to deal with Procurator Fiscal McGowan`s request to be allowed back to court to continue as prosecutor in the case.