Thursday, September 20, 2012

Questions over Criminal investigation as media threatened against identifying Court of Session Judge's son who told girl “Enjoy getting raped & stabbed” on twitter

CLAIMS journalists have been ‘threatened’ by Scotland’s Crown Office & Procurator Fiscal Service (COPFS) over the outing of the son of a high ranking Court of Session judge who told a football player’s girlfriend she was going to “enjoy getting raped and stabbed in Glasgow” are being investigated after one journalist for a Scots law online website came forward and told Scottish Law Reporter he had been ‘quietly cautioned’ by Crown Office sources who said he would “receive no further cooperation from the Crown Office in press enquiries”.
The Sunday Mail newspaper reported the story on 9 September, however several other media outlets who attempted to make further enquiries with COPFS as to the identity of the 16 year old boy, identified online in various forums such as HERE, received no response.
The report in the Sunday Mail carried a comment from the boy’s father, who promised the paper “to deal with it”, yet in similar cases where threats of violence such as rape and the use of knives has been used on twitter or other social media, criminal investigations and charges have usually followed.
While Scottish Law Reporter will refrain from naming the boy, given the nature of the case and the clear threats of violence towards individuals made in a public arena, it is in the public interest to identify his father, who is none other than Court of Session judge Lord Brailsford, who recently sentenced a man to life for the brutal stabbing of 41-year-old Kenneth Andrews on a busy street in the east end of Glasgow.
in the light of the seriousness of the 16 year old male youth’s internet threats, and the apparent lack of any criminal investigation or even an attempt at any criminal investigation into the conduct of the judge’s son, questions are being raised as to whether Police & Scotland’s prosecutors are purposely dragging their feet over a case where there is clearly a public interest in the law being applied in the same force to the families of members of the judiciary as the law is applied to everyone else.
A legal insider told Scottish Law Reporter earlier today it was obvious from the content of the tweet there was enough to bring criminal charges against the author and rubbished the idea that Police Forces claims they could only investigate if a complaint had been mad to them.
An image of the actual tweet, obtained from a Rangers forum is published below along with a Sunday Mail report :
ROBYN WALKER was the target of a series of lurid and threatening messages sent when her boyfriend decided to move from Hearts to Rangers.
A HIGH Court judge’s son told Rangers star David Templeton’s girlfriend she was going to be raped after he signed for the Glasgow club.
The message sent to Robyn Walker from the Twitter account of the privately educated
teenager said: “Enjoy getting raped and stabbed in Glasgow you wench.”
The 16-year-old’s father promised to “deal with it” when the message was brought to his attention by the Sunday Mail.
Police said they would investigate if any complaint was received.
Lawyers say the tweet could be an offence under telecom legislation.
Robyn was the target of a series of lurid and threatening messages sent when her boyfriend decided to move from Hearts to Rangers.
She said: “I was shocked when I got this tweet saying he wanted me raped and stabbed.
“It wasn’t nice but I have not complained to police.
“My friends said I should but I have decided not to take it any further.”
Templeton, 23, responded to the message and other threats on his Twitter page.
The Rangers star posted: “People slaughtering my gf! It’s embarrassing! She has nothing to do with what’s happened!”
The judge told us: “Thanks for bringing this to my attention, I will go and deal with it now.”
Both Lothian and Borders and Strathclyde Police said they can only investigate abusive comments made on social networking sites like Twitter if the targets complain to them. A spokeswoman for the Strathclyde force added: “Our football co-ordination unit will view the tweet to see if any criminality occurred.”
Leading criminal lawyer Matthew Berlow said: “Anyone who leaves an offensive message on a social networking site such as Twitter could be breaching the Telecommunications Act.”
Templeton signed for Hearts in 2007 before joining Rangers on August 31.
His move attracted heavy criticism from Hearts fans.
The sinister tweets can be revealed just months after we told how another internet troll threatened to sexually attack an alleged rape victim on a football fans’s message board.
He posted anonymously that he would “violently rape” the mum as MPs voiced escalating concern at the threatening and women-hating content of many messages left on social network sites and message boards.
His post was just one of scores of bile-filled messages directed at the woman after she accused Blackburn Rovers footballer David Goodwillie of rape.
Charges were brought against the player but later dropped.
Last month a 37-year-old man was was charged with breach of the peace over the posts and is due to appear in court.

12 comments:

Anonymous said...

The Law ceases to be law if it is not applied universally.

Anonymous said...

Very interesting this one so does "dealing with it" mean handing the son over to the Police or sweeping it all under the carpet?

Anonymous said...

So if it had been anyone else by now they would have been arrested for saying stuff like this on the internet

Anonymous said...

Unless they charge him there's no ban on naming him as he's over 16.

Also you might want to bear this in mind- people who make those kinds of threats,talk like that etc are liable to have said/done the same to others.Its in the Police psychology manual you know.

Anonymous said...

Must have had a lovely upbringing to come out with something like that in public and on the internet.Of course these children of judges have a track record of believing they are above the law - take for instance the son of a well known judge caught in a car full of cocaine on the way to Glasgow (no charges there either) and the case of a nightclub bouncer who was told he was going to be put away for 20 years by the son of a judge after the tosser wasnt allowed in (funny how some newspapers seem to have pulled their reporting of that story innit..)

Mummy also a senior lawyer if you search online

Anonymous said...

If the threat had been made to Neil Lennon's girlfriend or wife, would the lad have been let off so lightly? I think we know the answer. Welcome to corrupt Scotland 2012.

Anonymous said...

It is clear that the Law in Scotland that does not apply to Scottish lawyers, Judges and Sheriffs now appears to be extended to family members too?

Where is this going to end?

Next they will be saying that 'Decisions can be bought for cash', especially when you think of the Crown Office's (supposed to be Public Servants) predeliction for cash bonuses?

Anonymous said...

(COPFS)One law for the Judiciary and its relatives and another for us.

Anonymous said...

Ah but, You are forgetting that 'their law' applies only to the great unwashed (as they like to call the general public)?

Don't be surprised if the Crown Office trot out their usual pish about, 'it is not in the Public Interest to prosecute', where one of their own (or friends of their own) have got themselves into bother....?

Another example of Scotland's Legal Apartheid where the criminals have taken over ownership of the Law and apply it to who they pick and choose, whilst letting others off Scot-Free?

Another box ticked in the classification of a Totalitarian Rogue State?

Anonymous said...

I think you have let Brailsford twist in the wind enough now,any chance of some updates?

Anonymous said...

http://www.bbc.co.uk/news/uk-england-merseyside-19863228

So why is Brailsford junior being given preferential treatment?

sounds to me like a lot of corruption going on so we better start taking a look at certain judge's behaviour too

Anonymous said...

Replying to the comment yesterday about the facebook posts they have jailed the guy today so how about same action against Judge JUNIOR???

http://www.bbc.co.uk/news/uk-england-lancashire-19869710

A Lancashire man who posted offensive comments on Facebook about missing five-year-old April Jones has been jailed for 12 weeks.

Matthew Woods, 20, made a number of derogatory posts about April and missing Madeline McCann.

He appeared at Chorley Magistrates' Court where he admitted sending a grossly offensive public electronic communication.

Woods, of Eaves Lane, Chorley, was handed the maximum sentence.

Chairman of the bench, magistrate Bill Hudson, said his comments were so serious and "abhorrent" that he deserved the longest sentence they could pass, less a third to give credit for his early guilty plea.