Scottish Law Reporter

STATE SECRET ? Investigation reveals First Minister & Scottish Govt “have much to hide” over ‘Dame’ knighthood for ex-Lord Advocate Elish Angiolini

2012-01-30T13:08:00.001Z

Something to hide about the honour, Mr First Minister ? INFORMATION likely to implicate Scottish Ministers & other figures in the Scottish Government involved in the awarding of ‘Dame’, the female equivalent of a “knighthood” to the Scotland’s former Lord Advocate Dame Elish Angiolini DBE QC (nee McPhilomy), has been angrily withheld from Freedom of Information requests by Scottish Government Civil Servants, after leaks to the media suggested Scottish Ministers were involved “via the backdoor” in ensuring recommendations were made to London that the controversial former Lord Advocate received a knighthood for ‘her services’ to Scots law. Almost instantaneously after receiving the honour Dame Elish Angiolini was swiftly taken on by the First Minister Alex Salmond as his Ministerial Complaints Adviser in a role seen by most as little more than an exercise to ensure Scottish Ministers are not found guilty of misconduct while in office.

Several leading figures in Scotland’s legal establishment questioned the decision to give the controversial, former Lord Advocate a knighthood while other senior legal figures connected to the Lockerbie case have condemned Dame Angiolini’s tenure as Lord Advocate as "a disastrous experiment” a period which saw some high profile disasters for Scotland’s Crown Office including the collapse of the World's End murder prosecution where the Chief Prosecutor for the Lord Advocate ran away from the court, and judges criticised the handling of the prosecution, a scandal ranking high among other notable case losses, injustice & controversies including huge bonus payments made to Crown Office officials under Angiolini’s tenure as Lord Advocate.

However, it can also be revealed today the Scottish Government’s refusal to release the information on who made the recommendation to give the former Lord Advocate the honour, only came about after the Scottish Information Commissioner became involved in the case, after a journalist complained the Scottish Government HAD REFUSED to acknowledge or even reply to repeated requests for information.

A response from the Scottish Government to a Freedom of Information request by a journalist investigating the award who asked for “information & discussions on the awarding of (and any proposal to recommend) the dame-hood(OBE) of former Lord Advocate Elish Angiolini, and the identify of who in the Scottish Government recommended her for the honour” stated :

“We do endeavour to provide information whenever possible. However, in this instance an exemption under section 41(b) of FOISA applies to the information requested. This exemption applies because the information relates to the exercise by Her Majesty of Her prerogative of honour.

As the exemption is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

Whilst we acknowledge the legitimate public interest in information relating to Honours, in our judgement this is outweighed by the significant and greater public interest in preserving the integrity of the process by which people are nominated for honours. The Honours process relies on those involved being free to fully express their views, allowing for discussion and deliberation, confident that their involvement and views will not be made public. If this expectation of confidence is breached, people will be more circumspect and much less likely to give frank views, thereby weakening the integrity of the Honours system.

Disclosure may also make it more likely that prospective recipients will choose to refuse an award in the knowledge that views expressed during the consideration process might be made public. This protection of confidence is of equal importance for those considered for, but not awarded, an Honour.

Honours are a matter reserved to the UK Government and the Civil Service in Scotland deals with Honours under Cabinet Office guidance. When supporting the honours process, civil servants are acting in the service of Her Majesty the Queen in whose name awards are made. Since 2007 the First Minister and all other Scottish Government Ministers have chosen to have no role in any part of the Honours process. Nominations are processed by Civil Servant officials on the basis of UK Cabinet Office guidance and without reference to Scottish Ministers.”

Critics of the award to the former Lord Advocate today called for a full disclose of the information & discussions on who at the Scottish Government put Dame Angiolini forward for the award, saying “If they have nothing to hide, they have nothing to fear”.

During the time of Elish Angiolini’s tenure as Lord Advocate, she employed a private law firm based in Glasgow LEVY MCRAE, which operates for clients in the notorious tax avoidance haven of the Cayman Islands and who also represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell to “go after” an anti abuse campaigner named Robert Green. The law firm employed by Angiolini threatened several media outlets with legal action over reporting of the Hollie Greig case and Green’s campaign to out the alleged abusers, while Scottish Ministers further covered up, refusing to disclose who funded the work carried out by law firms on Angiolini’s behalf and that of others linked to accusations in the case.

After further investigations into the prosecution of Robert Green, ordered by the Crown Office under Angiolini’s tenure as Lord Advocate, it later transpired the Crown Office, Police & other public bodies have spent at least £1/2 MILLION of taxpayers money going after the anti abuse campaigner, who was recently found guilty of committing a breach of the peace just because he was ‘handing out leaflets’ asking for an investigation into claims a downs syndrome girl had been abused in Aberdeen.

Curiously, while the Scottish Government adamantly refused to release any information on the controversial recommendation for the former Lord Advocate’s knighthood, hiding behind UK Cabinet Guidance & also using the grounds secrecy was of the utmost importance, a different stance was adopted on another honours issue after accusations were raised of involvement by the First Minister in recommending SNP Party donor Brian Souter for a knighthood.

In the Souter honour case, Dame Angiolini’s Ministerial Complaints Adviser colleague, another former Lord Advocate, Lord Fraser of Carmyllie was brought in to author a report which swiftly exonerated the First Minister and led to lengthy Press Releases from the Scottish Government denying any involvement on Scottish Minister’s part (which no one really believed – Ed)

Lord Fraser of Carmylie is of course widely known for being arrested on an aircraft after an alleged “air rage” incident, reported by SLR HERE

Sources have told Scottish Law Reporter today that the Scottish Information Commissioner, Kevin Dunion has been asked to look into the Scottish Government's refusal to release the information on the honour for the former Lord Advocate.

Profile : Former Lord Advocate Elish Angiolini :

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. Glasgow 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

Anti-abuse campaigner found guilty of Breach of the peace in £1/2 Million Crown Office “VENDETTA” trial to silence Hollie Greig rape abuse claims

2012-01-28T19:50:00.001Z

A breach of the Peace “Vendetta” trial against anti-abuse campaigner Robert Green results in a guilty verdict. SCOTLAND’S most expensive ever Breach of the Peace trial against ant-abuse campaigner & journalist Robert Green has resulted in an expected guilty verdict in relation to the arrest of the campaigner in February 2010 by officers from Grampian Police, apparently on orders from the Crown Office in Edinburgh. Sheriff Principal Edward Bowen handed down the verdict after hearing evidence from over twenty witnesses lasting nearly two weeks, however the Sheriff Principal suspiciously blocked Mr Green’s defence counsel’s attempts to call former Lord Advocate, now Dame Elish Angiolini DBE QC and now Ministerial complaints adviser to Scotland's First Minister Alex Salmond as a witness, leading to feelings the legal establishment were shielding their own from the administration of justice.

The former Lord Advocate’s actions were claimed to be central to the whole case against Mr Green, who was arrested in Aberdeen after he attempted to hand out leaflets documenting the claims surrounding the case of Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang.

Throughout proceedings legal observers were never in any doubt the Crown Office had clearly been pursuing a bitter VENDETTA against Mr Green and the Greig family, after they had identified senior legal figures from the Crown Office & the judiciary in allegations relating to child abuse. A legal insider who was directly aware of events in the trial told Scottish Law Reporter “The Sheriff played only a minor role in the trial as the guilty verdict was effectively decided by the Crown Office as soon as they arrested Mr Green in 2010.”

The insider went onto say at no time was there ever any possibility the former Lord Advocate would have been called to be a witness, commenting “…no Sheriff who wants to keep his job will ever allow such a senior establishment figure to be cross examined in the witness box.”

Earlier in the pre-trial hearings, the Crown Office had gone so far as to privately brief a journalist Mr Green was going to plead guilty, preparing a series of draft Press Releases which had to be destroyed after the accused broke with his former legal team who, coincidentally, were also attempting to persuade Mr Green to plead guilty, reported earlier HERE.

The case against Robert Green has proved a revelation for the Scots legal system, linking up the actions of a former Lord Advocate with a private law firm, LEVY MCRAE who have hit the headlines plenty themselves. The case also drew out links between that same law firm and the current Justice Secretary, Kenny MacAskill, who worked at the law firm for a number of years. Much has yet to come out about the relationships & actions of some of the key players in the case however one thing is for sure, Scotland’s prosecution system is now viewed more than ever as Institutionally corrupt.

The record costs of the Crown Office’ prosecution for a single Breach of the Peace, dubbed by legal insiders a “Three year private vendetta bankrolled by taxpayers against Robert Green & abuse victims” were revealed when Scottish Law Reporter earlier reported pre-trial costs had already risen to around HALF A MILLION POUNDS, after factoring in the expenses of THIRTEEN earlier hearings at Stonehaven Sheriff Court, 15,000 travel miles for the accused, hugely expensive legal bills generated by private law firms hired by officials which appear to have been paid for out of public funds, rising legal aid fees, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and the costs to the Crown of ‘consulting & maintain’ a witness list which has varied in numbers, at one stage totalling SIXTY ONE persons, of which less than half were called.

Sentence against Mr Green will be handed down on 17 February 2012 at 10.30am (I’m sure COPFS will have made a few suggestions on that too – Ed)

A reminder of previous events in the trial of Mr Green can be viewed in earlier coverage by Scottish Law Reporter 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.

More on the Hollie Greig case can be viewed at Hollie Demands Justice.org and Mr Green’s own blog HERE

Arrests in England over Police payments, Scotland to follow? We reveal Crooked Scots Cops, Prosecutors ALSO sold info & services for CASH BUNGS

2012-01-28T15:16:00.002Z

Cash for hacking - Lord Advocate Frank Mulholland in need of someone to arrest, just as long as it’s not a colleague, a lawyer or a Police Officer WHILE arrests have finally been made today in England & Wales after investigations into payments to Police Officers by journalists, campaigners for openness in Scotland are now beginning to question why no substantive investigations have taken place into similar actions north of the border where corrupt Police Officers working in various Scottish Police Forces and it is alleged, employees of the Scottish Courts Service and Crown Office & Procurator Fiscal Service (COPFS) have taken CASH BUNGS or “other forms of payments” from journalists, private investigators & high profile lawyers for information on individuals which includes private financial details, personal & medical files and much more.

In one bizarre case brought to the attention of Scottish Law Reporter by a journalist, even a senior detective in Lothian & Borders Police appears to have fallen victim to creepy backhander-cash-for-info scandals where a lesser rank detective in his team “grassed up” his Detective Chief Inspector boss to Scottish tabloids over an ‘extra-marital affair love tryst with a crime victim’ saga. The DCI was forced to retire in humiliation after the ‘love affair’ scandal hit the headlines. The lesser ranking detective who sold the story to the tabloid appears to have received “a substantial sum of money” although the episode apparently did little for his career prospects.

The case of the senior detective sold-out-for-cash appears to have taken some strange turns, made all the worse after evidence emerged that a bizarre “turf war” between detectives including the one who sold out his boss, & local uniformed officers within the division of Lothian & Borders Police ended up destroying a costly year long drugs surveillance operation in a small Borders town, where one family was known to have been dealing in & selling large quantities of drugs to all age groups including school children. A more in-depth report on this case is to follow.

Another case being looked into by an independent journalist has revealed more payments to cops on where material gathered on “target individuals” such as lists of phone calls, council & medical records & other information was handed over to a lawyer from a well known law firm which is known to have represented now former senior law officers in the Crown Office. The information, which was exchanged for a substantial sum of money, appears to have been gained by serving Police Officers and officials working at Scotland’s Crown Office & Procurator Fiscal Service (COPFS).

In another instance, at least one Police Officer is alleged to be on the payroll of a private law firm which has a senior partner who is also a serving Sheriff. In a case previously reported by Scottish Law Reporter, one particular firm used a Police Officer to threaten tradesmen who were seeking to recover debts from a serving advocate who is a client & friend of the serving sheriff. The Police Officer, who threatened a tradesman with arrest “if he didn't shut up about the debts” is suspected of receiving payment for his actions on behalf of the sheriff.

In a case which appears to implicate staff working for the Scottish Court Service, information on a private individual including personal statements appears to have been shared by SCS staff with a law firm, again on a cash for access basis.

No action appears to have been taken in any of the above examples, even though the cases, in which money has changed hands on each occasion, are now well known to senior officers and senior figures in Scotland’s judiciary.

While BBC News reports on the arrests in England & Wales, insiders say expect no arrests in Scotland …

Operation Elveden: Five held in police payment probe

Four former and current Sun journalists and a police officer have been arrested by detectives investigating payments made to police by journalists. Scotland Yard said the men, aged 29 to 56, were arrested at addresses in London and Essex earlier. The 29-year-old, a serving officer in the Metropolitan Police's Territorial Policing Command, was arrested at his work - a central London police station.

News Corporation said it would continue to pursue "legitimate journalism". Offices at News International in Wapping are currently being searched. The BBC understands the arrested journalists are ex-deputy editor Fergus Shanahan, ex-managing editor Graham Dudman, crime editor Mike Sullivan and head of news Chris Pharo.

The Met said the arrests, part of Operation Elveden, were prompted by information given to police by News Corporation. A BBC source said this was an effort aimed at "draining the swamp" so as to restore journalistic integrity at News International titles.

News Corporation and its Management and Standards Committee (MSC) issued a statement following the arrests saying it had made a commitment last summer that unacceptable news gathering practices by individuals in the past would not be repeated. "It commissioned the management and standards committee to undertake a review of all News International titles, regardless of cost, and to proactively co-operate with law enforcement and other authorities if potentially relevant information arose at those titles. "As a result of that review, which is ongoing, the MSC provided information to the Elveden investigation which led to today's arrests."

News Corporation also said it would "continue to give its total support to the continued work of the MSC and to ensure that legitimate journalism is vigorously pursued in both the public interest and in full compliance with the law".

Operation Elveden is supervised by the Independent Police Complaints Commission (IPCC) and is being run in conjunction with Operation Weeting, Scotland Yard's inquiry into phone hacking by the now-closed News of the World. A spokesman said Saturday's arrests and searches related to suspected payments to officers and was not about seeking journalists to reveal their sources regarding information obtained legitimately.

The police have said that two men, aged 48 and 56, were arrested at their homes in Essex. A second 48-year-old man was detained at his home in north London. Officers are searching their homes. A fourth man, aged 42, was arrested at 11am when he attended an east London police station. All were being questioned on suspicion of corruption under the Prevention of Corruption Act 1906, aiding and abetting misconduct in a public office and conspiracy in relation to both offences.

The fifth man to be arrested, a 42-year-old man attended an east London police station on Saturday morning. He was arrested on suspicion of corruption under the Prevention of Corruption Act 1906, aiding and abetting misconduct in a public office and conspiracy in relation to both these offences. The officer was being held on suspicion of corruption under the Prevention of Corruption Act 1906, misconduct in a public office, as well as conspiracy in relation to both offences. His home was also being searched. Scotland Yard said the searches were expected to continue into Saturday afternoon.

The officer was the second serving officer to be arrested as part of Operation Elveden. The first, a 52-year-old woman, was arrested last month and bailed, police said. A total of 13 people have now been arrested as part of the inquiry. Twelve were arrested by the Met and the thirteenth by the IPCC.

IPCC deputy chair Deborah Glass said she was satisfied with the "strenuous efforts being made by this investigation to identify police officers who may have taken corrupt payments".

She said she had considered the IPCC's role and whether to use its powers directly in relation to the latest suspects, but said "given the interlocking nature of the investigation and arrests which do not just involve police officers, I believe the priority is not around whose powers should be used, but for an effective investigation that brings wrongdoers to justice. "While we continue to provide a supervisory role across Operation Elveden, I will consider each referral on its own merit and we will investigate independently if appropriate."

Among those questioned during the inquiries were former News International chief executive Rebekah Brooks, ex-Downing Street communications chief Andy Coulson, former News of the World managing editor Stuart Kuttner, the paper's former royal editor Clive Goodman, and its former crime editor Lucy Panton.

The total number of people arrested in the inquiries now stands at 27. Two were released without further action, and 21 remain on police bail.

Holyrood delays e-petitions over fears football supporters will use discussion forums to launch & debate petitions against anti sectarian laws

2012-01-26T13:06:00.006Z

EU, we have a problem : Holyrood’s e-petitions website offline over sectarian debate fears A FORMER Scottish Parliament employee had admitted his colleagues were secretly ordered to delay the re-launch of Holyrood’s E-Petitions website amid fears Celtic & Rangers football supporters and others opposed to the Scottish Government’s Offensive Behaviour at Football and Threatening Communications (Scotland) Bill would use the e-petitions system to launch counter petitions against each other and the Scottish Government’s anti-sectarian laws, thus “weighing down” the Scottish Parliament’s website with discussions about sectarianism legislation & crimes in Scotland, something Holyrood’s bosses were and still are keen to avoid in an effort to curtail any feeling Scotland has a significant sectarian crime problem.

The information has come to light after a now former member of staff at Holyrood who has registered a grievance against his employers came forward to offer information on the long running absence of the e-petitions system, which allowed members of the public to post their petitions to the Scottish Parliament's website in order to attract discussion on their petition’s topic, and gather signatures to support a petition’s progress through the Petitions Committee.

Scottish Parliament officials had promised a re-launch of the e-petitions system “sometime in December 2011” however the planned date of re-launch was considered too close to the vote on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which was passed at the Scottish Parliament on December 14 2011, in a 64 to 57 vote, covered by Scottish Law Reporter HERE.

The Holyrood insider, who cannot be named for legal reasons, has revealed he has in his possession, a series of emails between Scottish Parliament officials who discussed their concerns about “unwanted elements using the e-petitions system to discuss or oppose the anti sectarian bill currently going through the Justice Committee”.

The insider goes on to allege a senior member of the Scottish Parliament branded members of one particular online forum as “******** *******”, a claim already passed to a national newspaper by the insider. The exact words used by the msp which are highly inflammatory, cannot be printed for legal reasons due to the law as it now stands.

Members of the particular forum named in the discussions, which is also not being identified by SLR for legal reasons, apparently stood accused of inciting hatred and making death threats against personalities from the football world & other walks of public life in Scotland. In another instance mentioned in the discussions between Holyrood officials, Celtic supporters also came in for criticism, for their websites organising protests against the Scottish Government's anti-sectarian bill which has now received Royal Assent.

The e-petitions website currently remains offline with an official explanation there have been “design changes & problems encountered along the way of its re-launch” however it has now been confirmed msps and staff at Holyrood are still concerned that opposing sides in the sectarian debate will utilise the e-petitions system to raise petitions & amendments against the Scottish Government’s much criticised anti-sectarian legislation. It can be revealed today a contingency plan has been put in place by officials to withhold any e-petition which touches on sectarian issues. A member of staff has also confirmed in off the record comments that any discussions on sectarianism “will be deleted” from the Scottish Parliament’s website.

The Scottish Parliament’s move to censor any debate on sectarianism follows a pattern of other public bodies in Scotland who have either censored, denied, or destroyed information relating to sectarian incidents.

Scottish Law Reporter featured an account of how Crown Office officials were ordered to prevent data on sectarian crimes falling into public hands, here : ‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

A campaigner speaking to Scottish Law Reporter earlier today branded Holyrood’s decision to hold the e-petitions system offline over fears of discussions about sectarianism as an attempt at censorship. He went further, saying he felt the Scottish Parliament was continuing what appears to be an “anti-catholic” policy on the debate about sectarianism in Scotland.

He said : “Censoring debate is not the way to combat sectarianism in Scotland. If as many feel the Scottish Government's law is unjust it is surely our right as citizens to file a petition on the Scottish Parliament’s website and be able to discuss the issue just like everyone else.”

A Scottish Parliament spokesperson was not available to answer any questions on the allegations relating to the e-petitions website, which has now been held offline by Holyrood officials for nearly TEN MONTHS.

Credibility of EIS teachers union on the line : Investigation reveals trail of abandoned members as union boss ‘talked up’ £650K out-of-court payments

2012-01-23T12:19:00.004Z

Abandoning teachers at court : Investigation into union funded court cases ridicule Scotland’s main teaching union’s claims it stands by its members. AN INVESTIGATION into damages claims made by a union on behalf of teachers in the Court of Session against their employers has raised serious questions about public statements made by Ronnie Smith, the General Secretary of the Educational Institute of Scotland (EIS) who claimed the EIS “will pursue employers relentlessly on behalf of members for compensation”. However, it now transpires that even while the EIS union leader made the claims on national television, Mr Smith’s words are very far from a shocking reality, now revealed in documents handed over to law journalists & the media which show the EIS union have SECRETLY WALKED AWAY from a string of member’s damages claims at the last minute, leaving them to face court appearances without legal representation. The documents also show the union sought to cover up any information which revealed the union had abandoned its own members on the steps of the court.

Speaking on Scottish Television during a news report into figures revealing a massive SIX HUNDRED & FIFTY THOUSAND POUND settlement awarded to teachers in the past year, the bulk of which was awarded to a single teacher for an occupational stress case, Ronnie Smith, the soon-to-retire General Secretary of the EIS, Scotland’s main teacher’s union claimed : “..Most employers are demanding more from their employees with less resource to deliver on the service that’s provided so prospects are not very good but we are very clear that if employers don't pay attention to the mental health as well as the physical health of their employees, we will pursue them relentlessly on behalf of members for compensation”

However, documents relating to a series of EIS backed court actions now disclosed to the media which include terse exchanges between some of Scotland’s top law firms reveal a catalogue of cases where the EIS union have ABANDONED members damages claims, even after supporting some of the cases for years and employing multiple law firms & expert witnesses to prepare for court appearances cancelled at the last minute.

In some of the cases, the abrupt, unexplained termination of the union’s funding & support for its members court litigation, despite promises of ‘relentlessly pursuing employers on behalf of members’ have left some ill teachers facing FINANCIAL RUIN after being left with massive bills for legal fees reaching into HUNDREDS OF THOUSANDS OF POUNDS, fees which were accumulated by EIS instructed law firms who in some instances, appear to made a complete mess of members damages claims, taking years in some of the cases to file any court papers.

Papers from some of the damages claims also appears to implicate current senior figures in the EIS who appear to have become personally involved, leading to situations where the progress of member’s damages claims have been obstructed, ultimately leading to secret decisions taken to axe the union’s support for a string of member’s court actions. There are also hints of evidence within the now disclosed paperwork that some of the law firms involved in representing EIS members and paid for by the union, have concealed and deliberately withheld paperwork relating to court litigation so it could not be handed over to the affected EIS member to carry on themselves.

Speaking to Scottish Law Reporter, a legal insider who looked at the papers disclosed to journalists said : “There appears to be no doubt the EIS deliberately removed correspondence and reports from members case files who were involved in court litigation against their employers. The removal of the material will have had a profound effect on the members and their damages claims, leaving them without proof of EIS instructions & evidence necessary for them to continue their claims alone.”

He continued : “Without doubt, the EIS actions in these cases have led to the members involved being denied access to justice”

Claims made by EIS Union General Secretary that his union relentlessly pursue employers on behalf of members claims are now in question (click to watch video)

The investigation into the EIS’ union’s claims over how it pursues litigation conducted on behalf of members comes after its General Secretary issued a detailed Press Release reporting the union’s efforts to ensure its members received compensation payouts for accidents or injuries at work.

The Press Release, which can be viewed on the EIS’ own website here Record award highlights the need to tackle teacher stress, or alternatively, online HERE, stated :

An EIS member has received a record six figure settlement as a result of an occupational stress case. The settlement, which was agreed out of court, was a consequence of an employer’s failure to act upon repeated reports of excessive workload which led to the member suffering from stress related psychiatric injury. This award is the largest single ever paid to an EIS member as a result of occupational stress. The figure was revealed as part of almost £650,000 in compensation – another record figure - for work-related injuries secured by the EIS for its members over the past year.

Commenting, EIS General Secretary Ronnie Smith said : "Occupational stress is a major problem facing teachers and lecturers. The growth in the number of cases involving psychiatric injury and stress-related illness must be a warning to employers that they need to take account of their employees’ mental, as well as physical, wellbeing. The fact that this record compensation award arose from a work-load related case, which was compounded by a lack of management support, is no coincidence. This clearly illustrates just how serious such injuries can be, and the heavy price that employers will have to pay if they fail in their obligations to protect their staff.”

Mr Smith added : "Employers should be using the Health and Safety Executive’s stress management standards and trying to reduce and control the levels of stress caused by work activities. Stress-related illnesses are extremely serious and can take a huge toll on the individual concerned. The long-term effects can be significant, and recovery can take a long period of time. While the EIS supports members in stress-related claims, our preference would always be for such cases to be avoided completely. Employers must tackle the causes of stress, for example by controlling work-load, and they must also provide appropriate support for teaching staff who are experiencing stress.”

However, an insider said the EIS’ press release and the union’s effort in the media to push the story out regarding the £650,000 payout and the six figure out of court settlement was little more than a play to hold onto its dwindling membership numbers, which are now being hit by redundancies in the public sector cuts. The claims of spin appear to back up rumours the EIS are worried over teacher sackings across Scotland which could reduce its membership & political influence.

A solicitor commenting on the ‘out of court’ settlement case criticised the EIS over the lack of accurate detail published about the settlement in spite of the General Secretary’s apparent willingness to mention it on television news. He went onto question why such a large out of court settlement was taken if the EIS believed it had a strong case and could go for more.

He said : "With regard to the case the EIS are happy to mention in passing but unwilling to mention in detail, the little we are offered in Mr Smith’s statement leaves me wondering if the client was told, take the settlement or we will walk away from your case.”

The EIS Press Office were asked for comment on why the teaching union had abandoned members damages claims it had apparently been supporting & funding for years. No response was given.

A number of questions were put to the EIS via Freedom of Information laws by a journalist, asking :

How many cases have the EIS taken on and funded for members in terms of legal actions against their employers for damages claims, medical injury claims and other types of claims in the past three years.

How many legal actions, damages claims or court cases on behalf of EIS members & funded by the EIS have the EIS dropped from proceeding to court before the case was heard in court in the past three years

How many legal actions, damages claims or court cases on behalf of EIS members & funded by the EIS have been dropped by the EIS while litigation was in progress in the past three years.

What is the total amount spent by the EIS on representing members legal actions, damages claims or court cases against their employers in the last three years.

In response to the questions, the EIS replied to the journalists via its media office, saying the union is not covered by Freedom of Information legislation and would not be answering any of the questions put to it.

The EIS union’s reaction to the revelations of how a little-discussed-in-public policy of abandoning member’s damages claims during the litigation process has raised suspicions among some members & legal observers that the teachers union is not all it has portrayed itself to be in the media.

Scottish Law Reporter's investigations into the papers disclosed to journalists are continuing.

Lord President asks Westminster to amend Scotland Bill, closing Criminal Appeals route to UK Supreme Court on Human Rights issues

2012-01-20T10:44:00.002Z

Lord President asks for amendment to Scotland Bill allowing Scottish Courts to ~~bury~~ handle Human Rights appeals. IN a move seen by many legal observers as an indication the retiring Lord President, Lord Hamilton may not be so retiring from the legal scene as some may have expected, the Lord President has written to the UK Parliament to ask its MPs to add a restriction on criminal appeals to the UK Supreme Court to the Scotland Bill provisions dealing with devolution issues, thus ensuring the Court of Session can ‘take care of’ any Human Rights infringements, and bury the chance of any appeal from Scotland being heard at the UK’s Supreme Court, a move welcomed (even if it was arranged) by the SNP. The move brings the Lord President into line with the wishes of the Scottish Government, who fell over themselves to castigate the UK’s Supreme Court and even it’s Scottish judges after rulings in the Cadder v HMA case and Nat Fraser appeal.

The Lord President’s representations to Westminster can be read online HERE

Now that the Lord President has ‘rolled over’ to make a judicial request to back up the harsh words from Scottish Ministers, who did not enjoy the impression which was created that Scotland’s justice system and its courts simply couldn't be trusted with appeals, particularly on ECHR issues, the way is now clear for Lord Hamilton to return to a few appointments at the behest of Scottish Ministers as soon as is practicably possible (String pulling comes to mind – Ed)

The Press Release from the Judiciary of Scotland : Lord President Makes Written Representations to Parliament

Click image to read Lord Hamilton’s representation to Westminster. Utilising the powers conferred on him by the Constitutional Reform Act 2005 the Lord President is laying before the United Kingdom Parliament written representations regarding the Scotland Bill presently before it. Section 5 of the Act provides that the Lord President may lay written representations before Parliament on matters relating to the judiciary or the administration of justice in Scotland. Equivalent powers are available to the Lord Chief Justice of England and Wales and the Lord Chief Justice of Northern Ireland.

The Lord President is urging Parliament to do two things:

(1) to extend the jurisdiction of the Supreme Court in Scottish criminal appeals and references to the remedying of infringements by the courts below as well as by the prosecutor; but

(2) to restrict those cases in which leave may be granted to appeal to the Supreme Court from the High Court of Justiciary to cases in which the High Court has certified that a point of law of general public importance is involved in the decision.

As to (2), the Court of Criminal Appeal in England and Wales and the equivalent court in Northern Ireland have long had a certification procedure which has proved to be valuable. The Lord President wishes to secure a similar provision for the High Court in Scotland.

The Lord President seeks, in the Scotland Bill, an amendment to the Scotland Act 1998 to the above effect.

Constitutional Reform Act 2005

Part 2

Section 5 Representations to Parliament.

(1)The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

(2)In relation to Scotland those matters do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

(3)In relation to Northern Ireland those matters do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(4)In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

(5)In this section “chief justice” means—

(a)in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

(b)in relation to Scotland, the Lord President of the Court of Session.

Explanatory Notes

Section 5: Representations to Parliament

Section 5 provides that the Lord Chief Justice of England and Wales, the Lord Chief Justice of Northern Ireland and the Lord President of the Court of Session may table written representations to Parliament on matters relating to the judiciary or the administration of justice. In respect of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, this function is qualified by subsections (2) and (3) in order to respect the devolution settlements with Scotland and Northern Ireland respectively.

Constitutional Reform Act 2005

£1/2 Million Breach of the Peace trial of anti-abuse campaigner Robert Green continues for second week at Stonehaven Sheriff Court, Aberdeen

2012-01-20T10:07:00.000Z

A breach of the Peace trial against anti-abuse campaigner Robert Green is expected to last another week. Daily updates for readers seeking the very latest information on Scotland’s most expensive ever Breach of the Peace trial against ant-abuse campaigner Robert Green, can be viewed at Hollie Demands Justice.org. Mr Green, as is now widely known, was charged in February 2010 by officers from Grampian Police, apparently on the orders of the Crown Office in Edinburgh after he attempted to hand out leaflets documenting the claims surrounding the case of Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang.

Little has apparently been done about the abuse claims, and the case against Mr Green appears to have become little more than the now usual Crown Office vendetta to protect its own image, turning into yet another rather costly case for taxpayers to fund, simply to beef up a few egos in undeserving high places.

Hard questions have been asked of Grampian Police & others, more of which can be read on the Hollie Demands Justice.org website.

A reminder of past events can be viewed in earlier coverage by Scottish Law Reporter HERE

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

Police Reform Bill : Scotland to have ONE ‘easier to manipulate, politicise & control’ Police Force with one ‘handpicked’ Chief Constable

2012-01-17T14:31:00.003Z

One force is easier to politicise, manipulate than eight : MacAskill launches Police reform bill in bid to control all of Scotland’s regional Police needs. AS promised by the Scottish Government, today saw the launch of the Police and Fire Reform Bill, bringing all of Scotland’s current EIGHT Police forces into a convenient, centralised, one Police Service, which, claim critics, will be much easier to politicise & manipulate than the current regional structure. In today’s announcement, the Scottish Government claim the move will “bring local services to the heart of communities” however most see the move as a bid to control Scotland’s eight at-times ‘unruly’ Police forces who do not always get on well with whoever is in power.

While the Justice Secretary’s statement claims the single force will be subject to parliamentary scrutiny, many point out it will not, and even if it were, Holyrood msps have one of the worst track records in Europe for scrutinising public services, often acting as little more than a rubber stamp for policy making on the hoof.

The Police & Fire Reform Bill can be found HERE :

Bill (as introduced) (509KB pdf posted 17 January 2012)

Explanatory Notes (415KB pdf posted 17 January 2012)

Policy Memorandum (280KB pdf posted 17 January 2012)

It should be noted the above links are subject to change, due to the Scottish Parliament’s annoyance about the media & members of the public having access to too much information.

The Scottish Government’s Press Release : Police and Fire Reform Bill

Single police and fire and rescue services in Scotland will bring local services to the heart of communities, the Justice Secretary said today. There will be designated local senior officers at the centre of a new, strong relationship between councils and the services, and a statutory duty to provide adequate local police and fire services.

Local authorities will approve plans for their area and many more councillors will have a say than under the current arrangements. The services will be independent, with no operational control by Ministers, but subject to Parliamentary scrutiny.

Kenny MacAskill was speaking at an event in Galashiels to mark the publication of the Police and Fire Reform (Scotland) Bill which will establish the Police Service of Scotland and the Scottish Fire and Rescue Service.

Key aspects of the Bill include:

- Regular, formal opportunities for the Scottish Parliament to scrutinise policing and fire and rescue services.

- Establishing the Scottish Police Authority (SPA) and Scottish Fire and Rescue Service board to hold the Chief Constable and Chief Officer to account.

- Establishing 'the Police Service of Scotland', comprising a Chief Constable, other officers and police staff. The Chief Constable and other senior officers will be appointed by the SPA. All constables and police staff will transfer to the new service.

- Transferring the current functions of fire and rescue authorities to the Scottish Fire and Rescue Service. All staff employed by the current eight fire and rescue authorities will transfer to the new service.

- A statutory duty for the Police Service of Scotland and the Scottish Fire and Rescue Service to provide adequate local services.

- A designated local policing commander and local senior fire officer for each local authority area, responsible for involving the local authority in determining priorities and objectives for policing and fire and rescue services in the local area.

- A local plan for policing and a local plan for fire and rescue services for each local authority area, agreed between the relevant local commander or local senior officer and the local authority, setting out priorities, objectives and arrangements for local service delivery.

- Complaint reviews and investigation of serious incidents and criminal offences involving the police to be handled by one independent body, the Police Investigations and Review Commissioner.

- The creation of an Inspectorate of the Scottish Fire and Rescue Service.

Justice Secretary Kenny MacAskill said in a rambling statement : “Scotland enjoys world-class police and fire and rescue services – they are the lifeblood of every single community they serve. We know crime is now at a 35 year low, helped by 1,000 extra officers on the streets, while fire deaths are going down year-on-year. The stark reality is that budget cuts from Westminster will devastate our excellent frontline services if we don’t act now. This Government will not be complacent, we will not compromise on public safety and we will make sure that every community is served and served well.

“The reasons for reform are clear. We need to make a virtue of necessity. Make no mistake – this is the only way to make sure that we don’t lose the major improvements made to police and fire and rescue services in recent years. We have devised the strongest possible plans for the future of police and fire services in Scotland which reduce duplication, not the quality of vital services, and deliver estimated efficiency savings of £1.7 billion over 15 years. Today’s publication of the Police and Fire Reform (Scotland) Bill follows two consultations and many months of sustained, regular engagement with police, fire and rescue services, boards, authorities and other interested parties.

“There will be a stronger connection between communities and their local police and fire and rescue services, with designated local senior officers and a statutory duty on both services to provide proper local provision. Local authorities will approve plans for their area and, rather than a handful of councillors attending a regional board, many more councillors will have a say in what happens in their area. I expect to see the Local Commander and Local Senior officer coming before the council to explain and answer questions about police and fire services in the area. Our services will be independent, with no operational control from Ministers but subject to Parliamentary scrutiny. And our new services will be nothing without the skills and talents of the workforce. Staff will transfer to the new services on the same terms and conditions.

“I am delighted to launch the Bill in Galashiels. The Scottish Borders Council is working with police and fire and rescue services on the new local arrangements ahead of their formal introduction. There has been strong interest from local authorities, police forces and fire and rescue services in trialling these new arrangements. A number have said they want to become involved – and one project, in Grampian, has already been formally submitted to us. I welcome this enthusiasm as a the mark of the way forward. I would encourage all parties to get behind this legislation to secure the future of our police and fire and rescue services.”

However, not all Chief Constables or local authorities or even the Scottish public agree with the proposals, as was reported HERE even though Justice Secretary Kenny MacAskill claimed the centralisation of Policing and control of it would save Scotland around £130m a year and £1.7bn over 15 years, claims thought by some to be ludicrous & absolute nonsense. The Police Federation also voted against the plans, covered by the Herald newspaper HERE. Local authorities voiced their concerns & opposition, reported by the Daily Record newspaper HERE and by LocalGov.co.uk HERE

Ex-Lord Advocate Dame Elish Angiolini ‘being cited to appear’ in ‘Vendetta’ TWO YEAR £1/2 million breach of the peace trial of anti-abuse campaigner

2012-01-13T20:21:00.000Z

Former Lord Advocate Dame Elish Angiolini is now being called to appear in trial of anti abuse campaigner Robert Green SCOTTISH LAW REPORTER has been told this evening by legal insiders that former Lord Advocate now Dame Elish Angiolini DBE QC is to be cited as a witness in Scotland’s most expensive ever Breach of the Peace trial against the now well known anti-abuse campaigner Robert Green, who has campaigned for an investigation into claims Hollie Greig, a downs syndrome victim was abused by an Aberdeen based paedophile gang. The case which has so far cost taxpayers a staggering HALF A MILLION POUNDS, having already seen FOURTEEN COURT HEARINGS, 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons is set to begin at Stonehaven Sheriff Court next week 16 January 2012 in front of Sheriff Principal Edward Bowen and is scheduled to last up to TWO WEEKS.

If the former Lord Advocate does appear in court to answer questions over the arrest of Mr Green and account for her role in the Hollie Greig case, it will be a first. However, insiders are predicting there will be an intense effort to block any difficult questions being asked of the former Lord Advocate.

Earlier this week, Scottish Law Reporter featured further reports on the long running case HERE revealing a series of problems with Mr Green’s legal representatives who had suspiciously backed away from calling Angiolini in the case, in spite of her seemingly obvious position as a key player in the arrest of Mr Green. Dame Angiolini was Lord Advocate at the time of Mr Green’s arrest in Aberdeen during February 2010, and was linked by several Scots law publications to the Hollie Greig case when the allegations of abuse were initially reported to Grampian Police several years ago.

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. Glasgow 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 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 has personal 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 now record costs of the Crown Office’ prosecution of Robert Green for a single Breach of the Peace, dubbed by legal insiders a “Three year private vendetta bankrolled by taxpayers against Robert Green & abuse victims” were revealed when Scottish Law Reporter earlier reported pre-trial costs had already risen to around HALF A MILLION POUNDS, after factoring in the expenses of all previous hearings and work by the Crown Office, Police, several other public bodies & legal aid.

Dame Angiolini was unable to be reached for comment.

Six HBJ Gateley partners ‘go over the side’ at law firm raided by Police over stolen Leonardo Davinci Madonna with Yarnwinder painting

2012-01-13T15:56:00.000Z

Law firm where stolen Davinci painting was found experiences a series of resignations. The Herald newspaper reports today that up to six Glasgow based partners from the law firm HBJ Gateley have resigned, including Alan Stewart, the former head of the office, Douglas Blyth, Gordon Cunningham, Sara Matheson, Shona Templeton, and Robert King. HBJ Gateley Wareing rebranded itself as HBJ Gateley after being caught up in a case of art theft after a Police raid at its Glasgow offices discovered the stolen Madonna with the Yarnwinder in a safe, reported in an earlier article HERE

The latest resignations at the law firm add to the recent departures from the Edinburgh office of partners Kath Karlin and Kate Dewar, who have joined other firms. The firm's senior partner, Malcolm McPherson, said in response that a number of non-equity partners were scheduled to leave in the first half of the year for a variety of reasons, but the firm was "in excellent shape" and would be announcing a number of new people soon[ish].

If London, the Tories & LibDems don’t give ATOSS about Scotland & Scots in need, is the Union ultimately A SICK JOKE ?

2012-01-13T12:51:00.003Z

THERE is little doubt a few hundred scare stories about the break up of the union are about to be thrown at the Scots electorate. Most of the stories will have as much credibility as as a paper bag can hold a gallon of water, however, some of the stories, such as Margaret Thatcher’s Poll Tax which ripped Scotland apart in the 1980’s and leaves a horrific legacy of inescapable personal debt even to this day, are worth considering in the context of whether Westminster really gives A-TOSS about retaining the Union with Scotland.

Given we are in the deepest recession the world has ever seen, a recession caused by bankers & regulations made by national Governments in the nation’s capitals rather than devolved assemblies such as the Scottish Parliament, perhaps one of the most important subjects on everyone’s mind in Scotland should be the CONDEM Coalition Government’s dreaded Welfare Reform Bill, parts of which are already being implemented with a Concentration Camp zeal upon the long term sick, patients with debilitating illnesses & benefits claimants across the UK, particularly in Scotland.

Every day there are stories about the weak and the sick in Scotland being treated like cattle off to the slaughter by a Westminster appointed company receiving at least £100 million and doubtless all the hidden extras we will never get to hear about. The Tories it seems, may give A-TOSS about keeping the union but they certainly don’t give A-TOSS about caring for Scots in need.

So, simply, Scots may well have to consider, if the UK Government in London don't give A-TOSS for Scotland, and feel that £100 million is a good price to pay for torturing the long term sick, disabled and near death up and down the length of the country, then wouldn't it be better Scots looking after their own?

Its not as if we Scots don't have our own resources to deal with the population on a more fairer basis. After all, we are the only country in the world who discovered oil, and then lost it to another country, a resource which may come back to Scotland if the independence referendum swings in favour of a nation status. Isn’t it therefore time to take a hard look at whether Scots are safer with, and may expect fairer treatment in the hands of an independent Scotland?

Considering we are supposedly all in this recession together, yet like in the rest of the UK we Scots watch as our safety nets are gradually being stripped away from us, with who knows, the NHS next in the firing line as the block grant from London decreases to cover up the banker’s billions, Do YOU give A-TOSS for a Fairer Scotland with a stronger voice within the union or a stronger and more caring for Scots voice as an independent nation ?

* Scottish Law Reporter agreed to run this article after a GP working in the South of Scotland reported to one of our journalists she had been offered a substantial cash sum [by an unnamed party] as an incentive to withdraw her backing for a disability benefits claimant who is suffering from cancer.

Readers can find out more about ATOS Healthcare by using GOOGLE .

The Sunday Mail newspaper reports on how the UK Government is treating Scots in need :

A SICK JOKE : Benefits clawback firm promise 'brighter future' but victim speaks out

Jul 17 2011 Mark Aitken, Sunday Mail

A PRIVATE firm hired to slash benefits are promising "a brighter future" to claimants whose payouts are stopped. Atos Healthcare are being paid £100million a year by the Tories to reassess people on disability and sickness benefits and drive them back to work.

They pay doctors up to £60,000 a year to assess whether claimants are fit to work. In a job advert for doctors, they claim: "You could make the difference that gives someone on incapacity benefit a brighter future." The advert, published on the British Medical Journal website, adds: "It's a vitally important role that aims to change lives for the better."

Labour MP Tom Greatrex, who has campaigned on the issue, branded the ad as "insulting". The Rutherglen and Hamilton West MP said: "The Tory-led government need to get a grip on Atos as a matter of urgency. "This advert is an insult to the thousands of people across the country who have been let down by the shambolic way Atos conduct their assessments.

"The idea that Atos are giving people on incapacity benefit a brighter future would be laughable were it not causing so much distress and pain to those who have been unfortunate enough to go through the process of their assessments."Rather than advertising for more highly paid staff, the Tory-led government should demand Atos sort themselves out, so their assessments are fair and reasonable."

Last week, the Sunday Mail revealed bungled rulings were costing taxpayers £50million. Around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around £50million. But UK employment minister Chris Grayling has admitted no money has been claimed back from the firm for poor medical advice.

An Atos spokeswoman said: "We have no comment on the advert."

Chemo patient's despair at ruling : Maggie Mackay was assessed by Atos as "fit to work" when she was still recovering from chemotherapy. The 51-year-old, from Glengarnock, Ayrshire, was a furniture restorer before breast cancer stopped her in her tracks.

She had radiotherapy, chemotherapy and surgery but was then assessed as being to fit to work by Atos and taken off disability benefit. Maggie, who bravely took part in our Breast Cancer Care Fashion Show last year, has launched an appeal.

She said: "Two weeks ago I had more surgery as my scar was not healing properly. My side effects include fatigue, not being able to sleep, very sore bones and memory loss. "The young woman didn't seem interested. I can't squat because I have two slipped discs."But she wrote in her report that I could squat. She made out I was perfectly fit and healthy. "Everything you say is twisted to make out that you are fit for work. I now have £8 a day to live on."

Enough to make you sick: Government urged to claw back millions from contractors after they wrongly assessed thousands on disability benefits

Jul 10 2011 Mark Aitken, Sunday Mail

BUNGLED rulings by the private firm deciding whether benefit claimants are fit to work are costing taxpayers £50million, we can reveal. The Government have been urged to claw back millions from the contractors after they wrongly assessed thousands on disability benefits.

Atos Healthcare is being paid £100million a year by the Tories to reassess people claiming disability and sickness benefits. But around 30,000 people appealed against their decisions, with 40 per cent of them successful, which has cost the government around s50million.

The Department for Work and Pensions' contract with Atos allows it to recoup money from the firm for poor medical advice. But UK employment minister Chris Grayling has admitted not a single penny has been claimed back.

Quizzed by Labour's Tom Greatrex, he said Atos "have met all of their targets for medical advice". Greatrex, MP for Rutherglen and Hamilton West, said: "The Toryled Government's failure to provide the taxpayer value for money is disgraceful and the attitude of the minister responsible for this defies belief.

"To suggest Atos has met its targets when it is needlessly costing the taxpayer millions is unacceptable. "It is astonishing that the Government did not recoup a single penny of taxpayer money from Atos, despite its obvious failings.

"At a time when the welfare budget is being slashed by billions, many people will be surprised that the government is not demanding repayment from a multi million pound international organisation. "The Government is very quick to demand money back from welfare recipients who don't live up to their responsibilities. They should do likewise with Atos."

DWP's contract with French owned Atos allows the government to "apply financial remedies" where the firm has "failed to meet contractual targets". A dwp spokeswoman said: "If a decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate. "Often, customers produce new evidence at their appeal." Atos said it had nothing to add to the DWP's statement.

We revealed in March how Glasgow GP Margaret McCartney went undercover at an Atos recruitment evening. She was told: "You are not in a typical caring role. This isn't about diagnosing. We don't call them patients. We call them claimants."

Campaigners attack drive to block benefits appeals as decisions get overturned

Jan 1 2012 By Mark Aitken, Sunday Mail

A FIRM employed by the Government to weed outbenefit cheats are losing more than two thirds ofthe appeals against their decisions. Controversial French company Atos are paid £100million a year to get people off disability and sickness benefit.

But Citizens Advice Scotland (CAS) have revealed that 69 per cent of people they represented at tribunals have won their appeals. Heart attack and lung disease victims are among those Atos have assessed as being well enough to look for jobs.And figures from parliament records show appeals will cost the taxpayer £60million this financial year alone. Incredibly, Atos will not be penalised for their abysmal performance.

CAS head of policy Susan McPhee said: “If the Government want to cut down on fraud and help people into work, we support that. “But with this system, they aretargeting many people who aregenuinely sick and unable to work. They are removing their income and plunging them into poverty. “Our advisers are overwhelmed by people who have been found ‘fit for work’ by the Employment Support Allowance (ESA) assessment when they are not. “Almost 70 per cent of these people who are helped by CAS have their assessment overturned at appeal – which shows how poor the system is and how many people are wrongly caught out by it.”

The figure is based on a sample of 269 ESA tribunals in 2010-11 – with 185successful. Figures obtained by Rutherglen and Hamilton West MP Tom Greatrex show there were more than 166,000 appeals against ESA decisions in 2010-11, costing the taxpayer £40million. And from April to August this year, there were almost 80,000 appeals,costing £19.1million. This means the bill for 2011-12 could be £60million.

Greatrex said: “I know from the Citizens Advice centres in my constituency the amount of time and resources taken up by helping some of the most vulnerable people navigate their way through this tortuous system. “These aren’t people trying to fiddle the system – they are constituents who suffer from serious illnesses such as Parkinson’s and cancer. “The rapid rise in cases Citizens Advice dealt with in the last year clearly shows there is a problem.

“The way to save money, reduce the backlog of appeals and lessen the huge burden on Citizens Advice is not to hire more judges or move to a six-day week at the Tribunal Service, as the Government are doing. “They must reform the Work Capability Assessment so it is fair and gets decisions right first time round.”

A Department for Work and Pensions spokeswoman said: “The reassessment of incapacity benefit claimants is pressing ahead on time and as expected.” Atos declined to comment.

Record £1/2million Breach of the Peace ‘VENDETTA’ trial of anti-abuse campaigner set for next week, Angiolini to appear as witness ?

2012-01-12T12:52:00.002Z

Former Lord Advocate Dame Elish Angiolini set to appear in trial of anti abuse campaigner Robert Green SCOTLAND’S most expensive ever Breach of the Peace trial against the well known anti-abuse campaigner Robert Green, a case which has so far cost taxpayers a staggering HALF A MILLION POUNDS, having already seen FOURTEEN COURT HEARINGS, 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons is set to begin at Stonehaven Sheriff Court next week 16 January 2012 in front of Sheriff Principal Edward Bowen

However, it is still unclear at this late stage whether the person described as the central witness to the entire case, former Lord Advocate and now Dame Elish Angiolini DBE QC will be called to appear to answer questions about the peculiar circumstances of the charges against Mr Green, arising from an incident where the anti-abuse campaigner visited Aberdeen in February 2010 to hand out leaflets detailing the allegations in the case of Hollie Greig, a downs syndrome girl who is alleged to have been abused by an Aberdeen based paedophile gang.

While it has been reported Mr Green is insistent on calling the former Lord Advocate in his defence, a move described by legal insiders as “a must, given her role in the affair”, it has now become clear that defence QCs acting for Robert Green have on each occasion refused to add Angiolini to the witness list, and when instructed to do so, they had immediately withdrawn from acting for Green, leaving him without legal representation for the trial.

Writing on his blog in an article last week, Robert Green said in relation to a meeting with his defence QC : “I had made it clear that Elish Angiolini is probably the most important witness for the defence and must be called. However, after deliberations, Senior Counsel Gary Allen QC felt that Angiolini`s appearance in the witness box would prove damaging to the defence, on the grounds that she would refuse to answer questions that may incriminate her and in that, her position would be supported by the sheriff.”

“I stated that whilst I had never held any great expectation of Angiolini breaking down under cross-examination and confessing, I considered it valuable both to the defence and in the public interest for her to be seen in court, failing to answer pertinent questions about her conduct in public office in connection with both my case and that of Hollie. It has been her failings and private interventions with the media, using public funds, that led to me taking the course that has resulted in the prosecution that she in fact personally authorised. Thus I regard her as a key witness. I also failed to see how Angiolini being cross-examined could possibly harm the defence.”

“As a result of our difference of opinion, we have mutually agreed that I would be best served by instructing another Senior Counsel to represent me. I accept that Mr Allen and Junior Counsel, who supported his view, were acting professionally in what they deemed to be my best interests and there is hence no ill will of any kind. It is just that an impasse was reached on a single important issue that could not be resolved. My solicitor will try to find a new team to represent me in the future, but it must be on the fundamental basis that Elish Angiolini is called as witness for the defence. I will not accept any deviation from that position.”

Commenting on the debacle over calling Angiolini as a witness, a key Scots legal figure today branded the saga as outrageous, saying “..there should be no reluctance on anyone’s part to call an individual as a witness, no matter what position they previously occupied in the justice system”. He said the former Lord Advocate “had no immunity from justice and should appear if called as a witness”.

Meanwhile a note prepared by Sheriff Principal Bowen over his refusal to grant the defence its request to call Procurator Fiscal Stephen McGowan as a witness has emerged, and can be viewed online here : Sheriff Principal Bowen note - PF Stephen McGowan excused from witness testimony. The decision to excuse Mr McGowan from being cross examined by Mr Green’s defence team has raised eyebrows in legal circles, with some expressing their opinion the decision violates Mr Green’s right to a fair hearing under Article 6 of ECHR.

Serious questions also remain about the fairness of any prosecution against Mr Green after it emerged Crown Office officials had privately briefed a tabloid journalist to expect Mr Green to plead guilty at an earlier hearing, a matter reported by Scottish Law Reporter in an earlier article HERE.

The journalist reported he had attended a November hearing of the case at Stonehaven Sheriff Court on the basis he had been told by Crown Office officials Mr Green was to plead guilty to the Breach of the Peace Charge. The journalist indicated he had been assured “a deal had been worked out for the accused to plead guilty”. However, when the hearing took place in November at Stonehaven, Mr Green rejected the prosecution’s efforts to force a guilty plea which then suspiciously resulted in the withdrawal of Green’s legal team which included Francis McMenamin QC.

The tabloid journalist has confirmed to colleagues he spoke to individuals who attended the November hearing before it began. However after it became clear there was to be no guilty plea the journalist left the court as soon as possible without speaking to anyone else. A legal insider verified the journalist’s account of matters to Scottish Law Reporter. Alarmingly, the insider also claimed a transcript of a draft Press Release to be issued if Mr Green had entered a guilty plea has now been destroyed.

SHAMELESS : Scottish Legal Complaints Commission’s Chief Exec Rosemary Agnew in running for Freedom of Information Commissioner post

2012-01-11T12:20:00.007Z

Scotland’s new Information Commissioner for the next EIGHT YEARS ? SLCC Chief Exec Rosemary Agnew is tipped by some to replace Kevin Dunion, yet others question her openness credentials after SLCC widely abused FOI REVELATIONS in the media this week report Rosemary Agnew, the current Chief Executive of the Scottish Legal Complaints Commission (SLCC), who is one of the candidates favoured to replace the outgoing Kevin Dunion for the position of Scottish Information Commissioner, has been ‘rebuked’ on at least FIVE OCCASIONS by the Information Commissioner for withholding information to the extent the SLCC has been named in a league of shame of public bodies which openly flout Freedom of Information laws.

From further reports it transpires Ms Agnew had also shockingly used FOI exemptions refuse the release of key data on how much compensation was paid to clients of solicitors, while Scottish Parliament officials conducted interviews for the key FOI post which will give the candidate a position in protecting information rights in Scotland for the next EIGHT YEARS.

The Scottish Legal Complaints Commission has not issued any statement so far on what effect Ms Agnew’s decision to stand for the FOI role will have on the SLCC, which has already lost an earlier Chief Executive, Eileen Masterman in mysterious circumstances which where also covered up from Freedom of Information requests made by journalists after revelations Ms Masterman had negotiated a large PAY OFF which was personally sanctioned by Justice Secretary Kenny MacAskill.

If Ms Agnew gets the post, the SLCC will have to recruit its THIRD CHIEF EXECUTIVE IN THREE YEARS, an issue which has raised concerns among consumer groups & the legal profession about the ability of the law complaints regulator to do its job properly.

During Ms Agnew’s term at the Scottish Legal Complaints Commission, firstly as Head of Investigations and then taking over the role of Chief Executive upon the demise of Eileen Masterman, the SLCC has been the subject of multiple investigations by the Scottish Information Commissioner, most of which have gone against the SLCC who frequently sought to cover up its workings and information which identified massive failings within the quango, along with bitter personal feuds between its board members who openly turned on members of the public & journalists in secret email exchanges which also featured in the media. Ms Agnew was also reported to have refused to monitor individual claims against the Law Society of Scotland’s Master Policy, a matter reported by Scots law blog Diary of Injustice, HERE.

Reported in the Daily Record newspaper earlier this week :

STOP SECRET : Revealed: Government, police & local councils all among public bodies who flouted anti-secrecy laws

Jan 9 2012 Exclusive by Chris Musson

TIP FORCED TO DISCLOSE

A WOMAN tipped to be Scotland's new anti-secrecy tsar has had a string of rulings made against her by the man she could replace.

Rosemary Agnew, who heads the Scottish Legal Complaints Commission, is one of six people interviewed to be the next Information Commissioner. But Kevin Dunion has slapped down the SLCC eight times - five since Agnew took over as Chief Executive in October 2010.

Legal Reform campaigner Peter Cherbi, who had several requests knocked back by the SLCC, cast doubt over her suitability. He said : "How someone like that could be put in charge of openness is beyond me, unless they want to shut down openness and accountability."

Agnew did not respond to requests for a comment.

THE public bodies who fought tooth-and-nail to keep secrets from you are today exposed by the Record. The Government, police forces, councils and taxpayer-funded quangos all flouted anti-secrecy laws by knocking back legitimate Freedom of Information requests. They were forced to back down by Kevin Dunion, Scotland’s first Information Commissioner, who ruled in favour of the public 359 times since the new rules came into force in January 2005.

The worst offenders were the Scottish Government, who wrongly refused to disclose information 78 times over the last seven years. However, they also received the highest number of requests of any public body. Second on the league of shame were Edinburgh City Council, with 22 decisions against them. Third were Glasgow City Council with 17 decisions fully in favour of applicants, and fourth were Scottish Water with 15.

Among legitimate requests knocked back were details on the numbers of sex offenders in various areas – with Strathclyde Police, Grampian Police and Northern Constabulary all falling foul. Surgical mortality rates were also wrongly withheld by the NHS, as were details of public payments to firms of private consultants.

Dunion and his office made 1336 decisions to December 14, 2011. As well as the 359 fully in favour of the person appealing a refusal, 450 were partly in their favour.

A person who gets knocked back for an FoI request must first appeal to the public body before going to the Information Commissioner. It is time-consuming, meaning many members of the public give up, even if they have a good case.

But public bodies often fight to the bitter end, despite decisions being overturned by the Information Commissioner. Public bodies’ disregard for the laws is still widespread seven years on – and even appears to be growing. Last year saw the highest total for successful appeals by the public – on 85 occasions.

Dunion, who grew up in Fife and Clackmannanshire and was the rector of St Andrews University until 2011, steps down next month from the post of Information Commissioner he has held since 2003. Tomorrow, he will present a special report to the Scottish Parliament on his time in the job, and will urge the Government to “safeguard and strengthen” openness from public bodies.

Yesterday, he told the Record he was confident Scotland had “made a success” of freedom of information since 2005. He added said: “Public awareness of Freedom of Information is at an all-time high. Public authorities are responding to requests and information is being disclosed which would otherwise have remained secret. “We know much more about contracts and expenses, deaths in hospitals and local crime rates because of FoI. “Of course, there are disputes and failings which is why the free right of appeal to the Scottish Information Commissioner is so important.”

He said most appeals were from members of the public, adding: “In the majority of my decisions I have found, at least in part, that the appeal was justified.”

Outgoing Information Commissioner Kevin Dunion urges Scottish Parliament to “Safeguard Freedom of Information Rights”

2012-01-10T10:15:00.000Z

Outgoing Information Commissioner Kevin Dunion urges Holyrood to safeguard information rights. THE outgoing Scottish Information Commissioner, Kevin Dunion, who was appointed to the post in 2003 and reappointed for a second term in 2008, will lay a Special Report before the Scottish Parliament entitled Informing the Future -The State of Freedom of Information in Scotland. Afterwards he will address the Justice Committee on the measures which he believes should be taken to safeguard and strengthen rights to information in Scotland. The full report by Mr Dunion to the Parliament can be downloaded here : Special Report to the Scottish Parliament 2012 (pdf - 724 kB)

This is the first time that a departing Parliamentary officeholder has formally made a submission to Parliament reflecting on their full term in office.In his final report, the Commissioner recommends that:

Additional bodies should be designated under FOISA to ensure rights follow the public pound.

Charges which deter or exclude requesters must be avoided.

The Commissioner should be empowered to take evidence under oath.

The Commissioner should have discretion over considering late submissions to his investigations by public authorities.

Timescales for bringing prosecutions under section 65 (offence of destroying information after a request) should be extended.

FOISA should be altered to expressly exclude environmental information so it can be dealt with solely under the Environmental Information (Scotland) Regulations 2004 (the EIRs).

Provisions relating to charging for information under publication schemes should be clarified.

The Commissioner concludes that, overall, the state of freedom of information in Scotland is still strong. Public awareness of FOI rights is at an all time high and public authorities are generally complying with their obligations. However he warns that appeals against authorities are rising sharply, with appeals for 2011/12 projected to be 25% up on 2010/11. Increasingly, the Commissioner's decisions are finding that authorities have failed to deal with requests correctly.

The Commissioner also makes a final call for action to Ministers to use their powers to designate arm's length organisations, such as local authority trusts and private contractors, which now increasingly provide public services and facilities such as education, health, sports and leisure.

Mr Dunion said: "It is testimony to the effect of FOI that information on important matters such as public sector contracts, hospital acquired infections and school closures has not only been disclosed but proactively published. This success may be undermined if the right to information is lost when service delivery changes. It is nearly ten years since Parliament was told that powers to designate additional bodies such as local authority trusts and private contractors would be used. Disappointingly, successive administrations have failed to make good on this despite opinion polls showing that the public is strongly in favour of such action."

The Commissioner rejects suggestions that FOI is a burden and points out that Scotland is in danger of falling behind other countries, including the rest of the UK, saying: "The view that FOI is an intolerable regulatory burden on authorities turns the clock back 20 years and is not supported by evidence. Alternative measures such as codes of practice and voluntary charters have been shown not to work effectively – often because there is no capacity for a Commissioner to enforce compliance and hear appeals. Designation is not just about extending the reach of FOISA, but safeguarding vital rights to information."

The UK Government has already made its first designation order and is consulting with nearly 400 other bodies.The Commissioner's report recommends that Ministers should proceed with designation of those bodies already consulted in Scotland and a rolling review of designation be instituted to ensure rights to information keep pace with changes in the delivery of public services.

The Special Report sets out a number of other recommendations to clarify and strengthen FOISA, only one of which is being addressed by the Freedom of Information (Amendment)(Scotland) Bill which was announced by Ministers on 16 December 2011.

Mr Dunion said : "I believe my Special Report is particularly timely given the current consultation by the Scottish Government on a Freedom of Information (Amendment)(Scotland) Bill, and as an early contribution to the Government's intended consultation on a Transparency Agenda for Scotland in 2012."

One expensive ‘Tap on the Shoulder’ as Scottish judiciary chooses its new £214K a year plus expenses Lord President to replace retiring Lord Hamilton

2012-01-08T11:49:00.000Z

Hunt is on to find replacement for Lord Hamilton who retires in June 2012. AS reflected in the current Lord President’s previous explanation of recruitment of members of the judiciary, where a friendly tap on the shoulder appeared to suffice, the Scottish justice system is again to tap someone else on the shoulder to fill the Lord President’s post upon the retirement of Lord Hamilton, the current Lord President in June 2012. An announcement from the Scottish Government reflects the position that bit-part-justice-player, “The First Minister”, has convened a selection panel, to choose the new Lord President, but only after the members of the selection panel were ~~ordered~~ to ~~fill~~ recommended for the post by the legal establishment.

Choosing a new Lord President (and 49 other ways to make potato waffles – Ed)

Following notification of the current Lord President, Lord Hamilton's, intention to retire in June 2012, the First Minister has established a selection panel to make recommendations for a new Lord President. That appointment process has begun today, 4 January 2012, with the office being advertised and applications being invited by 31 January 2012. The selection panel will interview shortlisted candidates and make a report to the First Minister with their recommendations shortly after that.

The selection panel consists of:

Sir Muir Russell (Chair), Chair of the Judicial Appointments Board for Scotland;
Professor Andrew Coyle, Lay member of the Judicial Appointments Board for Scotland;
Rt. Hon Lord Hardie, Senator (Inner House), and
Hon Lady Dorrian, Senator (Outer House)

The office of Lord President is the most senior judicial office in Scotland and the office holder is responsible for leadership of the entire Scottish judiciary, in addition to chairing the Board of the Scottish Court Service. The salary is £214,165.

The procedure for appointing the Lord President is governed by sections 19 and 20 and Schedule 2 of the Judiciary and Courts (Scotland) Act 2008 and section 95 of the Scotland Act 1998. The 2008 Act requires the First Minister to establish a panel to recommend individuals who are suitable for appointment. The First Minister must have regard to the panel's recommendation but is not bound by it. Once the panel makes its recommendation, it is for the First Minister to make his nomination to the Prime Minister, after consultation with both the Lord President and the Lord Justice Clerk. The Prime Minister has responsibility for recommending to Her Majesty the appointment of a person as Lord President, but may not recommend any person who has not been nominated by the First Minister.

Sir Muir Russell was appointed as lay Chairing Member of the Judicial Appointments Board for Scotland in October 2008 for a period of three years and re-appointed in October 2011 for a further three years. He was educated at the High School of Glasgow and Glasgow University, where he took a first class honours degree in Natural Philosophy. He was Permanent Secretary to the Scottish Office and then the Scottish Executive from 1998 to 2003 and Principal of the University of Glasgow from 2003 to 2009.

Professor Andrew Coyle was appointed as a lay Member of the Judicial Appointments Board for Scotland in November 2008 for a period of three years and re-appointed in 2011 for a further three years. He is Emeritus Professor of Prison Studies in the University of London and Visiting Professor in the University of Essex. He was the founding Director of the International Centre for Prison Studies (1997-2005) and a former prison governor. Professor Coyle has a PhD from the University of Edinburgh and is a Fellow of King's College London. He is a member of the Foreign Secretary's Advisory Group on Torture Prevention.

The Rt Hon Lord Hardie was appointed as a Senator of the College of Justice in March 2000 and was promoted to the Inner House of the Court of Session in December 2009. Lord Hardie is a graduate of Edinburgh University (MA, LLB Hons) and qualified as a solicitor in 1971. In 1973 he was admitted to the Faculty of Advocates and he served as an Advocate Depute from 1979 to 1983 and Dean of Faculty from 1994 to 1997. He served as Lord Advocate from 1997-2000.

Hon Lady Dorrian was appointed as a Senator of the College of Justice in 2005, having served as a Temporary Judge since 2002. Lady Dorrian is a graduate of the University of Aberdeen (LLB). She was admitted to the Faculty of Advocates in 1981 and was Standing Junior Counsel to the Health and Safety Executive and Commission between 1987 and 1994. She served as Advocate Depute between 1988 and 1991, and as Standing Junior to the Department of Energy between 1991 and 1994. Lady Dorrian was appointed Queen's Counsel in 1994 and between 1997 and 2001 she was a member of the Criminal Injuries Compensation Board.

Eligibility for appointment as Lord President is open to:

Serving Court of Session Judges
Sheriffs principal and sheriffs who have held continuous office for at least five years
Solicitors who have had rights of audience in both the Court of Session and the High Court of Justiciary for a continuous period for at least five years
Advocates of at least five years standing
Writers of the Signet of 10 years standing who have passed an examination in civil law set by the Faculty of Advocates two years before appointment

Lord Hamilton was first appointed as a Senator of the College of Justice in 1995 and was promoted to the Inner House of the Court of Session in 2002. He was appointed to the offices of Lord President and Lord Justice General in 2005. Lord Hamilton is a graduate of the universities of Oxford (BA, Worcester College) and Edinburgh (LLB). He was admitted to the Faculty of Advocates in 1968 and was Standing Junior Counsel to the Scottish Development Department (1975-78) and the Inland Revenue (1978-82) He served as an Advocate Depute from 1982 to 1985.

Salmond uses SNP Holyrood majority to ‘railroad’ through vote on Offensive Behaviour at Football and Threatening Communications (Scotland) Bill

2011-12-14T20:38:00.002Z

What Salmond wants, Salmond gets - More Catholics & religious minorities in Scottish jails to fiddle the crime stats. The Offensive Behaviour at Football and Threatening Communications (Scotland) Bill (link varies due to creepy Holyrood tactics of moving the page on instructions from SG –Ed) which aims to tackle sectarian crime in Scotland in a rather limited & badly worded way, has today been passed by 64 votes to 57 in the Scottish Parliament with the SNP controlled Scottish Government using their Parliamentary majority to vote the controversial bill into law. During the debate, the Scottish Parliament showed some typical sectarianism itself by banning a group of Celtic football supporters who attended the public gallery, on the reason they were wearing white t-shirts bearing in single letters across each supporter the words "fans not criminals".

Scottish Law Reporter covered the issue earlier today HERE where Police Forces across Scotland & the Crown Office will now be looking forward to arresting more Roman Catholics in an effort to even–up the statistics on Sectarian Crime in Scotland, and you can read more of our coverage here : Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and on sectarianism in Scotland.

Don't forget our report of earlier in the week which caused a stir : ‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

Scottish Government fear Sectarian attacks against Catholics and other religious minorities may endanger EU view of independent Scotland. ON Wednesday of this week, whether Church burning anti-catholic Scots and the rest of us want it or not, the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill better known as the Scottish Government’s anti-sectarian legislation aimed at targeting insulting songs at Football matches, will be waved through into law by the SNP’s majority vote in the Scottish Parliament (no doubt after a tumultuous debate) on the pretext of strengthening the powers of the Crown Office & Police to prosecute rising numbers of sectarian attacks against Roman Catholics and other religious minorities in Scotland.

SLR’s report revealed claims one of the motivations for the destruction of the Historical Sectarian Crime Data at the Crown Office was because the Scottish Government are worried the prospects of an anti-Catholic institutionally sectarian and institutionally racist Independent Scotland would be refused EU membership by the predominantly Catholic European Union. The report also laid forth claims from COPFS insiders that everyone from Police to Hospital workers & staff of public bodies have been indulging on online sectarian hate postings.

BBC News reports on the passage of the bill :

Anti-bigot laws passed by the Scottish Parliament

New laws to tackle religious hatred and bigotry related to football have been passed by the Scottish Parliament, despite a lack of opposition support. The new Act aims to tackle the issue with jail terms of up to five years for behaviour which could cause public disorder in and around matches.

But Labour, the Tories, Lib Dems and the Scottish Greens said the bill was "railroaded" through by the SNP. They said it was "bad law which risks doing more harm than good".

Despite opposition, the majority SNP government's Offensive Behaviour at Football and Threatening Communications Bill was passed by 64 votes to 57. The legislation, which has won backing from police and prosecutors, aims to stamp out abusive behaviour, whether fans are watching matches in a stadium, in the pub or commenting online.

Earlier, about 20 football supporters wearing t-shirts bearing the slogan "fans not criminals" were excluded from the Holyrood chamber after parliament bosses told them they were only allowed in if they took them off.

The legislation will create two new offences relating to behaviour deemed to "incite religious, racial or other forms of hatred".

Community Safety Minister Roseanna Cunningham said she was pleased the legislation would soon become law. She said: "This bill sends out an important message about the kind of Scotland we want to live in, because the vast majority of people in this country have no time whatsoever for the kind of mindless bigotry that has attached itself to the small minority who only damage and undermine our beautiful game - or those who peddle hatred by sitting behind a computer screen posting threats of harm on the internet. This is the 21st century, and this kind of behaviour is simply not acceptable, so action had to be taken. The passing of these important new laws sends out a powerful message to the bigots that this behaviour will not be tolerated in a modern Scotland."

Ms Cunningham added: "There has been a lot of debate in recent months about this legislation, but we've listened, we've acted, and the experts are firmly behind it. Scotland has shown the courage of its convictions and has taken the action needed."

The bill was brought forward in the wake of several high-profile football-related incidents, including trouble at Rangers and Celtic games.

All four opposition parties at Holyrood and independent MSP Margo MacDonald released a joint statement.

It said: "Members of all political parties are determined to wipe the blight of sectarianism from Scottish society. It is of real regret that the first piece of legislation passed by this new parliament has been railroaded through by the SNP. The SNP has used its majority to force through bad law that risks doing more harm than good. It sets a worrying precedent for this parliament."

The opposition statement added: "The SNP has failed to make the case for the legislation both in parliament and out - with football fans, religious organisations, anti-sectarianism organisations, children's charities, the Law Society, the Human Rights Commission, the Scottish Justices Association all raising genuine concerns with the SNP legislation. We believe a far more effective response is to focus on education and young people, working with the churches and football authorities on positive, practical, evidence-based measures that tackle the root causes of sectarianism as well robust application of existing laws."

Dave Scott, campaign director of anti-bigotry pressure group Nil By Mouth, said: "The debate around this bill has polarised the political parties but it has now become law and only time will tell how effective and enforceable it proves to be. However sectarianism goes far beyond football and facebook."

What does the bill do?

It creates two new offences - one dealing with offensive behaviour relating to football games, and a second on threatening communications.

Penalties range from a £40 fixed fine to a maximum of five years in prison and an unlimited fine.

The first offence deals with sectarian and other offensive chanting and behaviour likely to cause public disorder.

It covers conduct around football matches, inside grounds, and those travelling to and from stadiums - as well as fans watching games elsewhere, for example in pubs or on big screens outdoors.

In law, the legislation aims to take into account "expressing or inciting religious, racial or other forms of hatred" and "threatening behaviour or behaviour which would be offensive to any reasonable person".

It also creates potential for the imposition of football banning orders in every case.

The second offence deals with serious threats - including murder - made on the internet and elsewhere, and threats intended to incite religious hatred.

That would take in posts on sites such as Facebook and Twitter, as well as specific websites, and actions such as sending bullets or images depicting serious harm in the post.

Scottish ministers say the legislation will not stop peaceful preaching or artistic performance, nor will it criminalise satirical jokes about religion or non-religious belief.

They also insist it will not stop peoples' right to criticise religion or non-religious beliefs, "even in harsh terms".

Decisions on sentencing in each case are a matter for the courts.

SNP Scottish Govt’s £4 million+ McKie Fingerprint Inquiry results in apology over evidence attributed to ‘Human Error’, and no prosecutions (so far)

2011-12-14T19:40:00.001Z

THE FINGERPRINT INQUIRY, set up by the Scottish Government to look into the case of former Strathclyde Police Officer Shirley McKie who was accused of leaving her fingerprint at a crime scene has found the fingerprint evidence wrongly identified Ms McKie.

The inquiry, led by former Northern Ireland judge Sir Anthony Campbell which has cost taxpayers a projected £4 million, went onto find the case involving the misidentification of fingerprint evidence was down to “Human Error” and there was “nothing sinister” at work in the case which saw the former Police Officer accused of perjury, being cleared by a jury and later awarded £750,000 in compensation over the bungle.

The Fingerprint Inquiry report can be downloaded at the following links :
The Fingerprint Inquiry Report (high resolution PDF, 19.4 Mb)
The Fingerprint Inquiry Report (low resolution PDF, 3.98 Mb)

BBC News, reporting on the Inquiry’s findings said : Among the key recommendations was that "fingerprint evidence should be recognised as opinion evidence, not fact". Examiners, he said "should discontinue reporting conclusions on identification or exclusion with a claim to 100% certainty".

The inquiry also recommended that examiners should receive training which emphasises that their findings are based on personal opinion and that these differences should not be referred to as "disputes".

Sir Anthony said that "a finding of identification should not be made if there is an unexplained difference between a mark and a print".

He also recommended that the Scottish Police Services Authority (SPSA) - which now incorporates the former SCRO "should develop a process to ensure that complex marks, such as those in the McKie case, are treated differently".

Following publication of the inquiry report, Tom Nelson, director of forensic services at the SPSA, said the organisation had apologised directly to Shirley McKie and her family.

Mr Nelson said: "As an organisation, we accept the findings of the inquiry and we expect all of our staff members to do the same. We accept that Shirley McKie did not make the mark known as Y7. We have today apologised directly to the McKie family for the errors that took place in the late 1990s and for the subsequent pain that has caused them."

Following Mr Nelson's apology, Iain McKie, Ms McKie's father, said: "He just apologised on behalf of the SPSA. He accepted the recommendations of the report in full. He apologised to Shirley and myself and our family for the mistakes that were made in the past. Its an extremely important apology because it's the first time I have ever heard anyone say sorry. This is the first real apology that has been made in 14 years. I feel I can move forward myself now."

The cost of the Fingerprint inquiry was revealed in response to a Parliamentary question lodged by Scottish Labour leadership contender MSP Ken Macintosh who is known to have represented some of the former SCRO officers caught up in the McKie scandal. Mr Macintosh previously commented on the inquiry’s use of public funds saying “This is really not the best use of that amount of money.” Justice Secretary Kenny MacAskill, responding to questions lodged in the Scottish Parliament from the Labour msp confirmed that the estimated spend on the Fingerprint Inquiry to March 31, 2010 was £3,399,400. But he added: “Projected total cost is £4,014,126, based on the total to date and projected future expenditure estimated by the Inquiry.”

The spend on the inquiry was also criticised by the then Tory Justice spokesman Bill Aitken who said “This is a serious amount of money and it could have been better spent. It is high time that we moved on from this issue.” Mr Aitken however was forced to resign his position on the Justice Committee and left the Scottish Parliament in disgrace after attempting to blame the Herald newspaper for comments he made in relation to a rape crime in the centre of Glasgow.

One of those weirdly anonymous Scottish Government spokesman commenting on criticisms of the inquiry’s expenditure said at the time : “It is important to establish the full facts and, where necessary, learn lessons to prevent anything similar happening again. The priority is the integrity of Scotland’s justice system.”

The Scottish Government’s Press Release : Fingerprint Inquiry 14/12/2011

Justice Secretary Kenny MacAskill said today he believed the detailed findings of the three year public judicial inquiry into the Shirley McKie fingerprint case would further enhance the delivery of Scotland's forensic services.

Sir Anthony Campbell published the detailed report of his Inquiry into Fingerprints in Scotland today.

The public judicial inquiry was established in March 2008 by the Scottish Government, with a remit to:

Inquire into the steps that were taken to identify and verify the fingerprints associated with, and leading up to, the case of HM Advocate v. McKie in 1999

Determine, in relation to the fingerprint designated Y7, the consequences of the steps taken, or not taken

Report findings of fact and make recommendations as to what measures might now be introduced, beyond those that have already been introduced since 1999, to ensure that any shortcomings are avoided in the future

Mr MacAskill said: “This is a comprehensive and detailed report and I would like to thank Sir Anthony Campbell and his team for their dedicated work on the Fingerprint Inquiry. For well over a decade, the Shirley McKie case has cast a shadow of uncertainty and suspicion over the individuals involved and the wider Scottish criminal justice system. Though previous reviews had helped address some key issues, they had not resolved them all. This government was firmly of the view that as long as some matters remained unresolved, and public concern remained, that the right and proper action was to establish an independent public judicial inquiry into the case.”

The Justice Secretary continued : "Scotland's Criminal Justice system is a cornerstone of our society, and it is paramount that there is total public confidence in it. Though there is a lot to digest in Sir Anthony's report, I believe that the Fingerprint Inquiry has brought to an end the many years of uncertainty surrounding the Shirley McKie case and has, I sincerely hope, brought welcome closure to those involved. We should all recognise that there have been significant advances in the delivery of Scotland's forensic services since the McKie case, and I am confident that the recommendations from this Inquiry will further enhance these services. We said when we set up this inquiry that it was not intended to try or retry any individual for events of the past, nor to challenge the decisions of the prosecution, the defence or the courts in relation to any of those events. It was to open up and understand those events and to learn from them to ensure that Scotland has a fully efficient, effective and robust approach to the identification, verification and presentation of fingerprint material. Sir Anthony's report delivers on this and gives all those involved the clear basis for moving forward with a system that commands full public confidence."

The Rt Hon Sir Anthony Campbell was one of the most senior judges in Northern Ireland at the time he was appointed to chair the Inquiry. He was educated at Campbell College, Belfast and Queens' College, Cambridge, called to the Bar of Northern Ireland (NI) in 1960 and to the Bar of England and Wales by Gray's Inn in the same year. From 1971 he was Junior Counsel to the Attorney General for NI until 1974 when he took Silk and Senior Crown Counsel from 1984-1988. He was a judge of the High Court from 1988-1998 and then a Lord Justice of Appeal before retiring in August 2008.

Wednesday 14 December 2011 : The day Scotland’s Government gives Police powers to ‘even-up’ Sectarian Crime Statistics by arresting more Catholics

2011-12-14T12:59:00.004Z

What the Crown Office wants, the Crown Office gets : A chance to arrest more Catholics to even up crime stats. The Scottish Government have earlier this morning issued a Press Release in clear confidence the SNP majority will wave through the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which aims to deal with Scotland’s secret sectarian menace by allowing Scottish Police Forces to arrest & prosecute more Roman Catholics to even up the sectarian statistics after an earlier set of figures revealed most sectarian crimes in Scotland targeted Catholics. The historical data on sectarian crimes in Scotland which would have revealed even more shocking figures of religious hate crimes against Roman Catholics & other religious minorities was so shocking, political orders were issued to the Crown Office to destroy it before the substance of the figures could be debated by academics & politicians who called for its release.

Sectarianism is the unmentionable problem of Scotland which First Minister Alex Salmond’s SNP Government are afraid of accurately documenting due to their own assessment that revealing the sheer scale of Scotland’s sectarian problem may skew the predominantly Catholic European Union’s view of an independent Scotland asking for EU membership. There is also now no doubt Sectarianism in Scotland has grown because successive Scottish administrations from ALL political parties have systematically failed to deal with sectarianism due to its appearance and possibly participation in by all levels of Scottish society including members of law enforcement & the justice system.

While some many welcome today’s attempt to tackle the problems, many observers feel the issue of tackling sectarianism via the new bill has become one of pure spin rather than tackling actual crime & sectarian sentiment which appears to run rife in Scotland. The passage of the bill has seen the First Minister and the SNP Government genuflecting before Strathclyde Police & Scotland’s Crown Office & Procurators Fiscal Service (COPFS) to give dream powers which criminalise everything short of standing in silence watching a football match.

The Scottish Government’s Press Release, issued prior to the debate & vote in the Scottish Parliament.

Offensive behaviour at football

Scotland must have the courage of its convictions and give the police and prosecutors the additional tools they have asked for to extract 'poisonous songs of hatred' from Scottish football and threats of harm being posted on the internet, Roseanna Cunningham said today.

The Minister for Community Safety was speaking as the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill reaches its final stage in Parliament this week.

The Minister reiterated that the vast majority of football fans at all clubs have nothing to fear from the new laws but said that the 'bigoted minority' who continue to sing offensive sectarian hatred in the name of football and who cause the public disorder which follows it should not be allowed to 'shame Scotland any longer'.

Ms Cunningham said that the experts are firmly behind the Bill and it was now time for 'common sense to prevail'. She said: "Sectarianism shouldn't be part of a modern Scotland and we need to do everything we can to eradicate it once and for all. To put it quite simply, it will not be tolerated. We must remember why we are acting. Songs are being sung at football matches in Scotland which have nothing to do with football and everything to do with hatred, violence and bigotry. Bombs have been sent through the post to individuals because of their links to particular football clubs, and death threats against a football manager posted on the internet. The offensive chanting of a minority of fans has already led to UEFA taking action against two Scottish clubs and the actions of these fans has brought shame on Scotland.

"The police and the Lord Advocate, the most senior law officer in Scotland, have asked for better tools to do their difficult job. The issues we seek to address did not just emerge in the last football season. The status quo which allows poisonous songs of hatred to be sung at Scottish football matches or threats of serious harm to be posted on the internet has gone unchallenged for too long and cannot be allowed to continue. It is time to extract the poisonous hatred from Scottish football. Banter and passionate support for football teams, even passionate opposition to other football teams, is the lifeblood of football - sectarianism and other expressions of hate are not. The experts remain firmly behind this Bill and Scotland must now show the courage of its convictions and take the action needed. Common sense must now prevail. The well-behaved fans of all clubs, who are the vast majority, have nothing to fear from a Bill which will make Scottish football and society better. This comes down to a choice. You can either do nothing and allow the status quo which allows the mindless bigot to thrive or we can take the strong action needed now and send out a message that this behaviour is not going to be tolerated any longer."

Supportive comment for the Scottish Government's proposals:

Assistant Chief Constable Campbell Corrigan, Strathclyde Police: "My view on this is quite clear. I support this legislation because it seeks to deal with a problem that we know that we have. We do have people behaving inappropriately in and around football matches and we do still hear songs being sung that have nothing to do with football and everything to do with hatred, religion and terrorism." (6 October 2011)

Lord Advocate (letter to Justice Committee, 1 November): "I fully endorse the introduction of specific offences relating to offensive behaviour at football matches and threatening communications. The offences will provide an invaluable tool for the police and prosecutors to target and tackle the unacceptable behaviour that has been associated with football." (1 November 2011)

Henry McLeish: "I applaud the legislation because this is besmirching Scotland's reputation. There is no doubt in my mind there are excesses in Scottish Football, a darker side we must get rid of. I make no apologies about that. We have to be tough. If we want this kind of warmer, friendlier game we need to tackle these excesses. And in that that case Alex Salmond is right, this is an embarrassment to Scotland" (8 December 2011)

Ian Galloway, Convener, Church and Society Council, Church of Scotland: "The Bill has been amended and improved; we have been able to engage with it, as have a range of other organisations. The consideration and debate about the issues related to the Bill have been important I think in moving Scotland forward." (December 2011)

Bishop Philip Tartaglia, Catholic Church: "I share the concerns of the Scottish Government that sectarianism should be eradicated from Scottish society. Fears that the wide remit of the 'Offensive Behaviour Bill' might impinge on the freedom to hold and express otherwise inoffensive views appear to have been recognised and are being addressed." (7 October 2011)

Stewart Regan, Chief Executive, SFA: "The Scottish FA welcomes the new Bill as tangible evidence of the success of the Joint Action Group. In particular, we are pleased to see that it covers sectarian and other forms of unacceptable chanting and threatening behaviour." (17 June 2011)

Scottish Premier League: "It is clear that offensive and threatening behaviour has no place in Scottish football and the SPL will continue to work with all members of the Joint Action Group to address this issue. On the day the fixtures for the new Clydesdale Bank Premier League season are announced, we would hope that Scottish football is in the headlines for the right reasons this season." (17 June 2011)

Pat Nevin, football commentator: "I'm personally delighted that the Parliament are going down this direction: it's been a long time overdue for me and the problem has been in Scotland, particularly the West of Scotland for a number of years". (17 June 2011)

Les Gray, Chairman of Scottish Police Federation: "Now, if somebody's going to tell me that the current situation is working fine then these people are living in cloud cuckoo land because it's not working fine."(12 December 2011).

Paul McBride QC: "I think this is the most important legislation to be passed in Scotland in the past 30 years, because it deals with a problem we absolutely have to solve". (18 June 2011)

Craig Brown, Manger of Aberdeen FC and Former Scotland Boss: "I don't think there is anyone who could dispute the benefit of this. This is something that has to be commended." (18 June 2011).

Justice Committee - September 13

SFA: "We have found the joint action group process to be helpful in examining the governance structure of football in the context in which we are meeting. We all want to improve matters and to see a redefining of the acceptable parameters of behaviour within stadia and Scottish football. We are here to give full support to the bill."

Chief Superintendent David O'Connor (Association of Scottish Police Superintendents): "The legislation could be applied to football or beyond football. We have to deal with a variety of legislation - the whole legislative framework must be taken into consideration. However, we are looking for something that will help us and that will be another string to the bow in dealing with the challenges of football."

Written Submissions to Justice Committee by August 26

Association of Chief Police Officers in Scotland Football Sub Group: "ACPOS Football Sub Group fully support the introduction of legislation which is specifically enacted with the intention of tackling offensive behaviour at football. There is clearly a variety of statutory legislation already in existence which can be utilised, however this does not always fit with the variety of different incidents now witnessed throughout the football environment."

Equality and Human Rights Commission Scotland: "We welcome the Scottish Government's commitment to challenging sectarianism in Scotland."

Equality Network: "We welcome the policy intention of the Scottish Government to address the problem of the expression and stirring up of sectarian and other hatred, in relation to football, and to address incitement to violence and hatred through online and other communication".

Detail on Bill:

The Bill provides for two new offences: Offensive Behaviour related to football and Threatening Communications.

OFFENCE A - "OFFENSIVE BEHAVIOUR"

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder. The offence covers behaviour likely to lead to public disorder:

Expressing or inciting religious, racial or other forms of hatred. Threatening behaviour or behaviour which would be Offensive to any reasonable person. Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches. Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case. Also covers anywhere a match is being broadcast in a public place, and travel to and from such places. Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of 5 years in prison and an unlimited fine.

OFFENCE B - "THREATENING COMMUNICATIONS"

Intended to deal with threats of serious harm and threats which incite religious hatred.
The offence covers:

Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm). Threats intended to incite religious hatred. It is a defence that the behaviour was in the situation "reasonable". This is intended to exclude artistic performance etc. Maximum penalty of 5 years in prison and an unlimited fine.

The offence will NOT:

Stop peaceful preaching or proselytising. Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even in harsh terms. Criminalise jokes and satire about religion or non-religious belief.

Homicide in Scotland soars 19% yet Justice Secretary MacAskill’s statement omits any mention of sectarian or racially motivated murders

2011-12-14T12:05:00.005Z

No problems here ? MacAskill’s statement contains no references to sectarian or racially motivated homicides yet at least SEVEN cases are suspected of having some level of sectarian motivation. With today given over to the Scottish Parliament’s wave through via the SNP majority of the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, the Scottish Government obviously felt it a suitable day to bury other bad news, namely the soaring murder statistics in Scotland which, strangely enough in a country where Roman Catholic churches have been desecrated & burned, letter bombs have been sent to high profile Catholic public figures & football supporters, and Catholics appear to be treated with a clear level of bias to the point of facing the statistical likelihood of being imprisoned more than other religious denominations, the desperate need to pass today’s much mocked & badly worded anti-bigot bill to tackle such sectarian crimes does not apparently extend to tackling sectarian murders in Scotland where there is NOT ONE single mention or admission of any sectarian or racially related murders in the Justice Secretary’s considerably long, defensive statement on the Homicide statistics.

The full report on Homicide statistics for the past year can be read online here : Statistical Release Crime and Justice Series: Homicide in Scotland, 2010-11. SLR’s report on Scotland’s sectarian crime statistics is HERE which were published in a vague format, after the historical figures showing much more detail including it is thought sectarian related murder cases, were deliberately destroyed by Crown Office officials on political orders.

The failure of Mr MacAskill and Scottish Police Forces to admit to any sectarian related homicide in Scotland in the past year is somewhat at odds with the feelings of communities & Police on the ground, where, as Scottish Law Reporter revealed earlier this week, at least SEVEN murders in the West of Scotland this year which have been well reported in the media and are generally accepted by many to be ‘religion related’. Yet there is no mention of any of this in the official statistics, on a day when the SNP controlled Scottish Government claims they are tackling sectarianism head on.

The Scottish Government’s Press Releases & Mr MacAskill’s statement :

Homicide in Scotland 2010-11

14/12/2011

Scotland's Chief Statistician today published Homicide in Scotland, 2010-11. The publication provides information on crimes of homicide as recorded by the police in Scotland in 2010-11.

The main findings are: In 2010-11, there were 95 homicide cases recorded by the police in Scotland, an increase of 19 per cent compared to 2009-10.

The 95 homicide cases recorded in 2010-11 resulted in the death of 97 victims, an increase of 18 per cent compared to the 82 victims that were recorded in 2009-10. This represented a rate of 19 victims per million population in Scotland, compared with 16 in 2009-10.

There were 77 male homicide victims in 2010-11, 79 per cent of the total number of victims recorded. The rate of male homicide victims (30 per million population) was more than 4 times the rate for female homicide victims (7 per million population).

Of the 95 homicide cases recorded in 2010-11, a total of 138 accused persons were identified. The majority (80 per cent ) of accused persons were male, with nearly half (45 per cent ) of all accused being males aged between 16 to 30 years.

The most common method of killing in the 10 year period covered by this statistical release was with a sharp instrument. In 2010-11, 61 homicide victims were killed by a sharp instrument, accounting for 63 per cent of all homicide victims recorded.

For 96 of the 97 homicide victims recorded in 2010-11, 1 or more accused persons had been identified. The police were able to establish what the relationship of the main accused was to 93 (97 per cent ) of these 96 victims. The main accused was known to 88 per cent of these 93 victims: 15 per cent of victims were presumed to have been killed by a partner or ex-partner, 16 per cent by a relative and 57 per cent by an acquaintance.

The alcohol and drug status was known for 97 (70 per cent ) of the 138 persons accused of homicide in 2010-11. Of these 97 accused, 79 per cent were reported to have been drunk and/or on drugs at the time the homicide was committed (53 per cent were drunk, 7 per cent were on drugs and 20 per cent were both drunk and on drugs). 21 per cent of accused persons were reported not to have been under the influence of either alcohol or drugs.

Strathclyde police force area, which contained 43 per cent of the estimated population of Scotland in 2010, accounted for 64 per cent (61) of all homicide cases recorded in 2010-11, increasing from 55 per cent (44) of all cases in 2009-10.

Official statistics are produced by professionally independent statistical staff. (with no political orientation, slant or bias whatsoever ! – Ed)

Booze & drugs appear to cause most homicides, and there are no religious or racially motivated murders according to ‘Higher Power’ MacAskill :

Homicide statistics 2010-11

14/12/2011

Alcohol-fuelled violence is costing lives, Justice Secretary Kenny MacAskill said today as statistics showed 97 people were victims of murder last year, with the vast majority of those accused under the influence of alcohol or drugs.

Mr MacAskill said: "Every single life lost is one too many and every murder is a horrific tragedy for families, loved ones and for communities. I take today's figures very seriously and can assure every man woman and child that this Government will continue to work tirelessly to make Scotland a safer place.

"Although the murder rate is down by 30 percent since 2004/05, last year saw a rise from 2009/10. The statistics speak for themselves - most murders are carried out indoors, under the influence of alcohol or drugs, by someone known to the victim. These senseless acts are usually carried out by men, under the influence of cheap booze and drugs.

"Police cannot patrol every home and every doorstep, but we can take steps to stop these dreadful crimes taking place. We have put 1,000 extra police in communities across Scotland and our streets are still safer, with overall crime at its lowest rate for 35 years.

"But these figures confirm what we already know - bargain basement booze can have a fatal price. We will not shirk from taking tough action on alcohol abuse and we cannot allow this mindless violence, which has devastating consequences for families and communities across Scotland, to continue.

"Scots drink more than any other part of the UK. In a society where a man's weekly alcohol limit can be bought for about £4, tackling price is nothing short of essential. Our alcohol minimum pricing Bill, which has the support of police, doctors and nurses, will end pocket money prices on cheap supermarket white ciders, lager and value spirits and save lives.

"We have invested a record £155 million in tackling alcohol misuse since 2008, introduced a ban on quantity discounts and promotions in off-sales have been restricted. Meanwhile our Alcohol Framework outlines more than 40 measures to help prevent problems in the first place and improve support and treatment for those already experiencing them.

"Today's figures also show that the vast majority of killings involving knives are carried out indoors by perpetrators under the influence of alcohol or drugs, and not on our streets.

"Let me be crystal clear - tackling knife crime is an absolute priority for this Government and Scotland's prosecutors and courts have my backing in using the full force of the law to punish anyone who carries or uses a knife.

"Tough enforcement backed by education is key to tackling knife crime. That is why just this week the Lord Advocate announced a zero tolerance crackdown on knife carrying in a pilot project targeting Scotland's town and city centres. It follows on from this summer's strengthened prosecution policy which will see even more of these offenders facing the toughest of sentences of up to four years in prison.

"Ending Scotland's knife culture is not going to be an easy task - every incident or life lost, as these tragic cases show, is one too many. However, we are working hard to tackle the problem across the country and there will be absolutely no let up in our efforts."

‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

2011-12-12T14:02:00.003Z

However, it appears the motives for the bill’s violently quick passage are anything but clear, and nothing much to do with tackling crime with some now claiming the badly planned anti-bigot legislation, brought about at the instigation of Police Forces & Prosecutors (who themselves appear to be institutionally sectarian as well as corrupt), and seized on by the SNP as an appropriate pro-independence headliner targeting Unionism is more to do with cleaning up the historically high anti-catholic & anti-religious minority crime statistics to allow First Minister Alex Salmond to advance a particular part of his independence policy, that of joining the predominantly catholic European Union.

Speaking to Scottish Law Reporter over the weekend, a Crown Office insider claimed the real reason the ‘potentially dangerous’ historical statistics on anti-catholic crimes were shredded by Crown Office officials before they could be produced at the Scottish Parliament’s Justice Committee is more to do with the fact the current SNP Scottish Government feared any revelations of the now destroyed statistics could damage Scotland’s chances of being accepted by the EU as a stand alone member if it breaks away from the United Kingdom.

Within the now destroyed data, such was the level of reported anti-catholic crimes, the severity of the crimes, the lack of prosecutions, especially in sectarian complaints made against in some cases, still serving Police Officers & even COPFS staff, and the many questions the historical statistics on sectarian offences may have raised in debates at Holyrood, Scottish Ministers felt revealing the truth could lead to questions being raised in the EU over whether Scots authorities could handle sectarianism and prevent Scots based individuals & groups from spreading their hate message & criminal activity against Catholics & other religious minorities throughout the European Union.

The insider, who claims to have seen the now destroyed data which SLR reported on in an earlier article HERE, commented “If the information on sectarian crimes had been published rather than being destroyed on political orders, there would be no doubt in anyone’s mind the statistics would show Scotland is a dangerous place for Roman Catholics. The fear was if the figures got out, this would affect the SNP’s independence agenda and how the predominantly Catholic EU might view an independent Scotland asking for EU membership.”

The credible claims by insiders come on top of ample evidence to suggest that Police & Prosecutors have their own agenda to bring in the new anti-bigot legislation which will allow them to even-up the sectarian crime statistics by arresting more Catholics to blur the statistics, rather than tackling the root of the historically huge ant-catholic bigotry problem which has been endemic in Scotland for years. Scottish Law Reporter has covered the new bill in previous articles HERE, noting there are even allegations of sectarian jibes among the SNP’s own ranks, some of whom have proclaimed their own support for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and for the idea that more Catholics should be arrested to ‘even-up’ the figures.

While debate continues to rage on the anti-bigot legislation and the SNP’s true motives for waving it through the Parliament, some media organisations have privately acknowledged they are being pressurised more than ever NOT TO MENTION or report on crimes where sectarianism is thought to have played a role in what took place.

At least seven murders in the West of Scotland this year, some of young men, others involving family members, all widely reported in the press and on television are thought to have been motivated in some way by anti-catholic hate however as yet not one news report or newspaper article has mentioned the fact Police officers investigating the crimes viewed the possibility each incident had an element of sectarianism to it.

In other shocking incidents, the desecration of Roman Catholic churches in Scotland has continued to rise, with a recent report on STV news regarding an incident of vandalism of St Leonard's RC Church in East Kilbride which was so heavily sanitised, the incident as reported by the media took on a completely different view to the actual details of what is very much a sectarian crime, more accurately reported by Scots composer James MacMillan in the Telegraph, HERE.

Commenting on the sanitised STV report, Mr MacMillan said : In this report on the vandalisation of St Leonard's RC Church in East Kilbride certain details have been withheld. According to parish sources the vandals removed the statue of Our Lady and placed it on the altar where they covered it in paper and cloth and set it alight. Also, the Tabernacle – one of the most sacred objects in any Catholic Church was covered in graffiti. This was clearly a sectarian attack, motivated by the intense anti-Catholic attitudes which have so disfigured Scotland and continues to do so. The fact that a police spokesman, in full knowledge of the specific details of this assault, then claimed it bore no hallmarks of a sectarian incident, speaks volumes.

The details of the burning of the statue of Mary have since been confirmed through local sources.

Mr MacMillan went onto point out while Catholic Churches are being burned in Scotland and in Northern Ireland, none have been targeted in England, even during the Pope’s visit last year.

Other incidents such as the burning down of an empty priest’s house in High Valleyfield, Fife appear to have suffered from misinformation put out by the Police, who claimed at the time the fire was caused by an electrical fault. Yet the fire which burned down the parish house of St Serf’s Church in High Valleyfield near Dunfermline came immediately after death threats had been sent to priests in the archdiocese of St Andrews and Edinburgh.

Another incident where the Police appear to have misled the public occurred in Leslie Fife, where the local Roman Catholic Church St Mary Mother of God was burned to the ground. The Police immediately briefed the press about ‘music’ lyrics spray-painted on a wall nearby yet suspicions over the true nature of the crime pointed to connections to a major Orange walk taking place that same day in the area.

And in a twist to electronic data gathered by Police Forces across Scotland on many forums & websites which appear to spread online sectarian hate messages & racist abuse, it appears there will now be few if any prosecutions of “threatening communications”, due to the fact IP addresses, emails and other identifying traces left by those spreading sectarian abuse online have been traced back to computer networks used by Police, Prosecutors and even offices of the Scottish Government.

The electronic data gathered from internet providers by the authorities is also rumoured to implicate local Government offices across Scotland, several high profile public bodies, surprisingly, several well known law firms and even some Hospital computer networks.

Ex Lord Advocate Elish Angiolini to be called as witness in TWO YEAR, £1/2 MILLION Crown Office ‘Vendetta’ case against anti-abuse campaigner

2011-12-09T12:23:00.001Z

Ex-Lord Advocate Elish Angiolini is to be called as witness in breach of the peace trial of anti-abuse campaigner Robert Green. Dame Elish Angiolini DBE QC, the former Lord Advocate and now Ministerial complaints adviser to Scotland's First Minister Alex Salmond is to be asked to appear as a witness in what is Scotland’s longest running & most expensive Breach of the Peace trial against anti-abuse campaigner Robert Green which is now set to begin on 16 January 2012 at Stonehaven Sheriff Court, Aberdeen. The trial of Mr Green, an anti-abuse campaigner representing downs syndrome victim Hollie Greig, who is alleged to have been abused by an Aberdeen based paedophile gang has so far cost the taxpayer HALF A MILLION POUNDS. However it is thought the final cost of the case will rise to around £1 Million after factoring in the SIXTY ONE person witness list, further hearings, legal fees & other costs.

Since Robert Green was arrested & charged with committing a Breach of the Peace in February 2010 in relation to his attempt to hand out leaflets detailing the allegations in the Hollie Greig case, Scotland’s Crown Office have waged a bitter & expensive VENDETTA funded by taxpayers against Mr Green, resulting in FOURTEEN HEARINGS at Stonehaven Sheriff Court, nearly 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons. Dame Elish Angiolini’s name is now to be added to that witness list.

In the unprecedented move to call as a witness a former Lord Advocate whose actions are central to the case against Mr Green, Dame Angiolini is likely to be asked questions in court about her involvement in the Hollie Greig case, why Mr Green was charged with breach of the peace over leaflets, and also why in her position as the then Lord Advocate she used a private law firm whose partners have dealings in the well known offshore tax dodging haven of the Cayman Islands, LEVY MCRAE, to serve interdicts against Mr Green while also threatening media outlets including Scots law publication “The Firm” and several newspapers over their coverage of the abuse story.

However, there may be more questions for the former Lord Advocate Angiolini and the now current Lord Advocate Frank Mulholland after details of what appear to be a dirty tricks campaign against Mr Green emerged today when a tabloid journalist admitted he was given an off the record briefing by Crown Office insiders claiming Mr Green had agreed to plead guilty at an earlier hearing in November.

The tabloid journalist has confirmed to colleagues he spoke to individuals who attended the November hearing before it began. However after it became clear there was to be no guilty plea the journalist left the court as soon as possible without speaking to anyone else. A legal insider today verified the journalists account of matters. Alarmingly, the insider also claimed a transcript of a draft Press Release to be issued if Mr Green had entered a guilty plea has now been destroyed.

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 has personal ties 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.

With a new legal team now in place for Robert Green, the case is be heard for a FIFTEENTH time at Stonehaven in an interim hearing on 21st December to resolve the issue of Procurator Fiscal Steven McGowan`s refusal to recuse himself from the prosecution of Mr Green after it became clear McGowan is going to be called as a witness for the defence. Barring further delays, the trial of Robert Green for Breach of the Peace will finally commence on 16th January 2012 and with a sizeable witness list, may well enter a third year of court hearings. Sheriff Principal Bowen has voiced his concerns about the rising costs of pursuing the case.

SNP’s Libya Connection : Scottish Govt covered up MacAskill’s Oil & Energy lobbyist brother on First Minister’s ‘deal in desert’ tour of Middle East

2011-12-07T13:03:00.003Z

First Minister Alex Salmond ‘angry’ over revelations of Justice Minister’s brother & energy lobbyists links to Scottish Government. THE Scottish Government have gone on the attack over questions raised by opposition msps regarding the presence of ALLAN MACASKILL, a representative of Oil & Energy companies on a DEAL IN THE DESERT ‘trade mission’ to the middle east by First Minister Alex Salmond after it became clear the Scottish Government covered up the fact Allan MacAskill is the brother of Kenny MacAskill, Scotland’s Justice Secretary. Mr MacAskill in his industry capacity represents the Spanish energy firm of REPSOL which has substantial oil operations in Libya, & Portugal’s energy giant EDPR. Kenny MacAskill, who is jokingly nicknamed by civil servants in his own department as “Justice Secretary for Life” released the man convicted of the terrorist bombing of Pan Am Flight 103 over Lockerbie Scotland in 1988, Abdel Baset Al Megrahi, on ‘compassionate grounds’ in 2009, claiming Mr Megrahi had three months to live, and that his release was in no way linked to any oil or energy deals with Scotland & the Scottish Government, a claim now thought to be in doubt.

REPSOL have a long standing operation in Libya where its local unit is beefing up production of oil to around 200,000 barrels a day a sharp rise from 34,777 oil barrels per day in 2009. The company also operates in Scotland alongside EDPR who also appear to enjoy a relationship with the Scottish Government via press releases reprinted below.

Commercially sensitive documents handed to one of our reporters which current cannot be published for legal reasons appear to show Scottish Government officials have been told to assist companies who are poised to make even more purchases & takeovers in connection with Scotland’s energy market on top of purchases such as Repsol’s purchase of SeaEnergy Renewables Limited (Serl) which the Spanish oil giant Repsol bought just after the May 2011 election for around £40m in a deal which the First Minister couldn’t resist issuing a statement about which mentions both EDPR & REPSOL. Curiously the First Minister’s statement does not include any mention his Justice Secretary’s brother represented the firms.

An as yet unpublished minute of an internal discussion between civil servants at the Scottish Government reveals officials have complained they are “being turned into lobbyists for the energy sector”.

It has also come to light an oil services company based in Aberdeen which is thought to be on an energy firm’s shopping list has been warned it may lose contracts and business backing from the Scottish Government if it resists an approach for a buyout which appears to be coming from one of the foreign based energy companies now lobbying the Scottish Government.

This is not the first time the Scottish Government have been forced to defend its links to MacAskill’s energy industry connected brother, who in 2009 was identified in an investigation by the Wall Street Journal newspaper to have been working for oil companies based in Libya.

At the time the First Minister completely denied Mr MacAskill’s brother worked with companies in Libya. Mr Salmond said “It's total rubbish. Kenny MacAskill's brother is the director of an offshore wind company in Scotland, it is ridiculous, absolute nonsense.”

Mr Salmond angrily denied claims there was a Scottish deal in the desert to free Megrahi, saying : “We made a decision in Scotland, Kenny MacAskill made a decision on judicial grounds alone. Whatever was happening elsewhere with Prisoner Transfer Agreements talks, we mad a decision based on judicial grounds to release Mr Megrahi on compassionate grounds because he was a dying man.That's why we made our decision."

However the Wall Street Journal investigation revealed that Allan MacAskill, a business development director, had worked with a number of energy firms with links to the African country. He told the publication he did not play a role in bids for Libyan business - and insisted he never discussed the Lockerbie bomber case with his brother.

The report by the Wall Street Journal revealed : Mr. MacAskill's Scottish National Party has also been a major flag-waver for wind power, and earlier this year the party's leader Alex Salmond opened new offices for SeaEnergy in Aberdeen where the Justice Secretary’s brother was employed, the company now bought up by Repsol. Among Allan MacAskill's biggest projects at SeaEnergy was the Beatrice Wind Farm off the Scottish coast for his former company, oil firm Talisman Energy. Canada-based Talisman Energy has been looking the past few years to get a foothold in Libya, but has yet to establish a position. The company took part in a recent Libyan oil-licensing round but didn't walk away with a contract to explore for hydrocarbons. Mr. MacAskill joined oil giant BP PLC in 1977. BP has admitted that it lobbied the U.K. over a controversial prisoner-transfer agreement between the U.K. and Libya. In 1998, after 20 years at BP, Mr. MacAskill joined Talisman Energy and last year moved on to SeaEnergy Renewables.

Mr. MacAskill is also thought to have used his brother's energy expertise in 2005 for a book of essays the Scots politician edited called "Agenda for a New Scotland." Allan MacAskill co-wrote one piece which called for government and commercial intervention to ensure the estimated 30 billion barrels of unproduced hydrocarbon is extracted from the North Sea and so secure thousands of jobs in the industry.

The Herald newspaper reports on Mr MacAskill’s trip with the First Minister:

Clarity call over MacAskill brother

The First Minister has been urged to "clear up any perception of favouritism" in light of a senior minister's brother accompanying him on a trade mission to the Middle East.

Energy industry representative Allan MacAskill, brother of Justice Secretary Kenny MacAskill, was with Alex Salmond on a recent trip to Qatar and Abu Dhabi. Mr MacAskill attended the meetings on behalf of energy firms Repsol and EDPR.

Labour has sent Mr Salmond a list of questions about Mr MacAskill's attendance "to ensure there can be no accusation of favouritism or preferential treatment".

However, a spokesman for the First Minister called Labour's letter "an outrageous slur". The Scottish Government publicised Mr MacAskill's attendance in a press release on October 31 but did not draw attention to his relationship with the Justice Secretary.

In a letter to the First Minister, Labour business manager Paul Martin wrote: "Scottish ministers should champion exports and promote our economic interests abroad. But ministers must also exercise caution in this area, to ensure there can be no accusation of favouritism or preferential treatment.

"Any consultant or lobbyist accompanying ministers on a trade mission who is involved in meetings with potential investors gains significant commercial advantage. In the unusual event that those consultants are family members of serving ministers, it is even more important to consider the wisdom of involving them in the trip. Allan MacAskill attended a number of meetings you held with potential investment partners in Abu Dhabi and Qatar. It is unclear whether Mr MacAskill would have been able to secure such access without the decision for him to accompany you.

"You will be familiar with the recent case of Mr Adam Werritty, a friend of the Defence Secretary who attended meetings with Mr (Liam) Fox and other government ministers, which assisted his consultancy and lobbying interests. Given the close family relationship between Kenny and Allan MacAskill, I believe full disclosure is required in explaining exactly why Allan MacAskill was at these meetings, in order to clear up any perception of favouritism."

A spokesman for the First Minister said Mr MacAskill's attendance was publicised by the Scottish Government, and added that all business participants met their own flight, hotel and other expenses.

Mr Salmond’s Press Release issued soon after the May election linking MacAskill’s brother’s energy firms to a deal congratulated (and helped along) by the Scottish Government is published below (note no mention of MacAskill’s brother being involved, or of just what kind of prodding from the Scottish Government greased the deal through – Ed) :

Renewable energy partnership

06/06/2011

Plans for a new partnership between two of Europe's leading energy companies to develop up to 2.4 Gigawatts (GW) of offshore wind projects in Scottish waters was welcomed by First Minister Alex Salmond today.

Spain's largest oil company, Repsol, and Portugal's EDP Renováveis (EDPR) confirmed plans for a joint venture following the Spanish company's purchase of SeaEnergy Renewables Ltd (SERL) - the offshore wind unit of Aberdeen-based SeaEnergy Plc - which was announced to the stock exchange this morning.

Repsol's acquisition of SERL, which is subject to approval by SeaEnergy PLC shareholders, will represent the entry of another major European energy company into Scotland's burgeoning offshore renewables sector. Under its agreement with EDPR, Repsol will hold a 33 per cent stake in Moray Offshore Wind Ltd and 51 per cent of Inch Cape Offshore Wind Ltd. Repsol will also now own a 25 per cent stake in the Beatrice offshore wind development, in which Scottish and Southern Energy Renewables holds the remainder.

The First Minister said: "Today's announcement of a joint venture involving two of Europe's major energy companies is a massive vote of confidence in Scotland's offshore wind sector and in the significant opportunities that are available for leading utilities and developers.

"Repsol's purchase of SeaEnergy Renewables is also testament to the strength of Scottish companies who have helped position us as a global leader in offshore wind. SeaEnergy, which is now focusing on its existing assets, including its marine renewables services business and oil & gas interests, is an example of a company now reaping the rewards of decisive and early leadership in a developing industry sector.

"With around a quarter of Europe's offshore wind energy potential, Scotland is uniquely positioned to develop this exciting industry and major companies like Doosan, Gamesa and Mitsubishi have already announced plans to develop their offshore wind interests here. Working with our public sector partners and with industry, the Scottish Government remains determined to ensure the industry continues its rapid growth as we work towards our target of generating the equivalent of 100 per cent of electricity demand from renewables by 2020."

News of the World papers reveal Jedburgh lawyer David Sturrock threatened journalists over coverage of crooked partner lawyer’s £300K estate scandal

2011-12-01T13:49:00.007Z

Jedburgh lawyer ‘Major’ David Sturrock threatened News International with legal action if they featured a crooked lawyer colleague. PAPERS RELEASED by journalists who worked for the former NEWS OF THE WORLD newspaper for an ongoing investigation into how the Scottish legal profession muscle newspapers away from reporting on scandals involving “crooked lawyers” have uncovered surprising results, where in one example released to Scottish Law Reporter, a JEDBURGH solicitor identified as ‘MAJOR’ DAVID PERCIVAL STURROCK (68) who holds SEVENTEEN DIRECTORSHIPS including one on a PRIVATE SCHOOL, threatened NEWS INTERNATIONAL & the NEWS OF THE WORLD newspaper with legal action if its journalists followed the Scotsman newspaper & reported on a well known scandal involving a £300K SWINDLE of a will involving Kelso solicitor Andrew Penman of Stormonth Darling Solicitors and an accountant who was the will’s Executor, Norman Howitt currently of JRW Group also based in the Scottish Borders.

The newly released letter to the then Editor of the News of the World in 1995 was sent from Andrew Penman’s own firm then called P&J Stormonth Darling, later renamed to Stormonth Darling Solicitors after the scandal involving the will and the Law Society’s cover up of a subsequent recommendation to PROSECUTE Mr Penman for his role in the affair was widely reported in the Scottish media. The letter containing the legal threat against the Editor of the now defunct News International paper is signed by David Sturrock, a partner at Stormonth Darling’s Jedburgh partner office of Turnbull Simpson & Sturrock which was bought out in 2007 by the Edinburgh based law firm Lindsays.

In the letter, featured below, Mr Sturrock, writing on behalf of solicitor Andrew Penman who had been reported to the Law Society of Scotland over the estate fiddle, threatened the News of the World’s Editor with legal action for defamation if he went ahead and published details of the notorious scandal, information on which had been provided to it by the late Mr Cherbi’s son, Peter Cherbi, now a law journalist himself.

Mr Sturrock, writing on behalf of Mr Penman forcefully told the NOTW Editor : “However we caution you that while Mr Peter Cherbi in his complaint to the Law Society has made detailed allegations against us, we are lodging with them a response to each allegation: and if you publish only the information given to you by Mr Peter Cherbi, it may constitute defamation of us.”

Prior to threatening the News of the World Editor with a defamation action, Mr Sturrock claimed in the same letter he could not discuss any of the details surrounding the estate of Mr Cherbi’s late father, however he did the exact opposite as the letter to the NOTW shows.

Mr Sturrock wrote : “We confirmed to you that Mr Peter Cherbi had lodged with the Law Society of Scotland a complaint against this firm re the administration of his late Father's Estate. We were notified of that complaint by letter from the Law Society of Scotland received 3rd January 1995. We further advised you that we could not discuss with you, nor indeed any other third party, individual client's affairs. In view of the above, we are obviously unable to give any detailed information. We further advise you that we were acting as Solicitors to the Executor of the late Mr Cherbi and that Mr Peter Cherbi has his own Solicitor.”

“We met with Mr Peter Cherbi, his solicitor and his late Father's Executor on 20 December 1994 following upon which an undertaking was given by Mr Peter Cherbi's Solicitor that by 6 January Mr Peter Cherbi would make constructive suggestions for the progression of his late Father's Estate. He duly made those suggestions, and they are presently with the Executor for instructions. The Estate of the late Mr Cherbi has already been the subject of a previous press report at the instigation of Mr Pete Cherbi in the Scotsman on 18 October 1994. We do not know what information Mr Peter Cherbi has given you, and even if we did, we could not respond to it, for the reasons stated.”

A journalist working on the story at the time today queried why Mr Sturrock threatened the paper with a defamation action when it had by that time become clear that Mr Penman had acted in a deplorable manner which the Law Society of Scotland’s own investigating lawyers thought so severe they demanded Penman be prosecuted before the Scottish Solicitors Discipline Tribunal with a view to striking him off as a solicitor.

The journalist said : “We had already heard from insiders at the Law Society that Penman was facing a prosecution for what he did so his partner’s claims of defamation were obviously a bit wide of the mark. This is a prime example of a cover up and an attempt by a lawyer with a vested interest in protecting his partner trying to censor the media”.

The journalist also queried why the letter from Mr Sturrock appeared to go out of its way not to name the Executor of the Estate as Norman Howitt, a Borders Accountant who it was revealed in an investigation had apparently taken ownership of the deceased’s widow’s Pension Book, had attempted to assume full control of the deceased’s widow’s estate through a controlling secret Trust, and had submitted a false report to Lothian & Borders Police to thwart any investigation into funds Howitt had transferred from Estate assets into his own company’s accounts.

The Scotsman newspaper widely reported on the scandal involving the will of the late Mr Cherbi who served in the KOSBs during WW2. Reports continued in the Scotsman and other newspapers through the 1990’s and into the 2000’s, after the results of a Law Society investigation released to the paper revealed investigators DEMANDED Andrew Penman BE PROSECUTED for his failures on the ruined Cherbi estate. Scottish Law Reporter featured some of the coverage in an article in September 2010, HERE

The Law Society of Scotland’s own investigators found Penman had attempted to REARRANGE and DOCTOR files in an attempt to thwart a Law Society investigation into his conduct on the estate. Investigators also found Penman had attempted to DECEIVE High Street Banks such as the Royal Bank of Scotland and also the Capital Taxes Office of the Inland Revenue, now Her Majesty’s Revenue & Customs (HMRC). Scottish Law Reporter recently linked Andrew Penman to a directorship of the ‘negative equity’ Ladykirk Estates Ltd, who lost a battle to prevent an elderly farm tenant from passing on his lease to his younger nephew. Excerpts of the Law Society’s report into Mr Penman which demanded he be prosecuted are reprinted in the article.

A legal source today confirmed Mr Sturrock had also been the subject of complaints to the Law Society of Scotland regarding the actions he took on the Cherbi estate after he had taken over the case from his partner, Andrew Penman. The source also sensationally revealed Mr Sturrock and the Cherbi estate Executor, Norman Howitt, took for themselves and used the £1,000 of compensation provided to Mr Cherbi for the apparent £300K losses, TO PAY OFF ‘estate debts’ to a real estate agency business known as “John Sale” which was regularly used by both Sturrock’s law firm in Jedburgh and Penman’s law firm in Kelso.

Accounts show Mr Cherbi himself received NOTHING of the compensation paid by the Law Society of Scotland and rather it was used by the lawyers & Executor to pay off debts accrued on it by the actions of Penman and the Executor, Mr Howitt.

A legal insider said the Law Society’s decision to pay the compensation direct to the same Executors & lawyers who had threatened the News of the World newspaper with defamation and had disowned any involvement in Peter Cherbi’s complaint due to the fact the law firm itself was implicated, “…was corrupt, and was taken in the knowledge the money would be handed back to the lawyers who were doing all the damage.”

No one at the Law Society of Scotland was prepared to give official comment on the allegations it had paid the compensation for Mr Penman’s actions direct to the same firm of lawyers who threatened the News of the World for defamation however an insider confirmed the version of events reported here today.

A retired Police Officer based at Jedburgh has since come forward to Scottish Law Reporter, alleging a series of incidents arising from false reports provided by lawyers & an accountant to Lothian & Borders Police “were directly linked to Peter Cherbi’s complaint against Penman & Howitt”.

The now retired officer alleged he and certain colleagues at the time “were under pressure” after attempts were made to use the Police to stop Mr Cherbi’s demands the Law Society investigation into Penman and the Institute of Chartered Accountants of Scotland (ICAS) investigation of Howitt go ahead. No one from Lothian & Borders Police was prepared to comment on the serious allegations made against them.

Speaking to Scottish Law Reporter today, Peter Cherbi branded the Law Society of Scotland as “a hateful institution used to target members of the public who dare complain about their lawyers” He also called for an independent investigation into information provided by the retired Police Officer on why Lothian & Borders Police “were apparently used as a battering ram" against his family in attempts to persuade them to drop the complaints & investigations against Penman & Howitt and silence any further media coverage (which obviously did not work – Ed).

A Companies Check on Major David Percival Sturrock of Easter Ulston, Jedburgh, Roxburghshire, reveals he has SEVENTEEN Company Director or sectretary appointments including the THE K.O.S.B. ASSOCIATION FUNDS, THE K.O.S.B. MUSEUM FUND and a Private fee-paying School in the Scottish Borders, ST. MARY'S SCHOOL, MELROSE

Major David Percival Sturrock has 17 company director or secretary appointments :

THE K.O.S.B. ASSOCIATION FUNDS Active, THE K.O.S.B. MUSEUM FUND Active, BORDERSWORKS LIMITED, Active, THE K.O.S.B. ASSOCIATION FUNDS Active, THE K.O.S.B. MUSEUM FUND Active, LUSTRUTHER FARMING LIMITED Active, ST. MARY'S SCHOOL, MELROSE Active, A. & R. BROWNLIE LIMITED Active, STREETS AHEAD (BORDERS) Active, (Director Resigned) SCOTTISH BORDERS CHAMBER OF COMMERCE Active, (Director Resigned), THE JEDFOREST HUNT PROPERTY COMPANY Dissolved, LOWLAND INSURANCE SERVICES (2001) LIMITED Dissolved, LOBRO TOOLS LIMITED Dissolved, FALDONSIDE FORESTRY LIMITED Dissolved, LANGTON FARMING LIMITED Dissolved, MOUNT VIEW (DUNS) LIMITED Dissolved, MARLSLANDS LIMITED Dissolved,

Mr David Sturrock’s late grandfather, of the same name was also a solicitor based in Jedburgh in the early part of the 20th Century. Papers show the late Mr Sturrock died at at the small Northumbrian village of Otterburn in the late 1930s after a scandal broke where it was alleged he had used the proceeds of a deceased client’s estate in Jedburgh along with a property to repay debts. Mr Sturrock was reported to the authorities at the time after papers were discovered in waste bins, and it was reported he was to have been charged in connection with the affair. Papers show the late Mr Sturrock’s cause of death as natural causes however it is widely thought the solicitor committed suicide to avoid prosecution for the scandal.

Crown Office investigates Holyrood Justice Boss Christine Grahame over election expenses, while allegations of sectarian remarks remain unanswered

2011-11-29T18:50:00.003Z

Justice Committee Convener Christine Grahame is being investigated by Police over election expenses claims CHRISTINE GRAHAME, the Convener of the Scottish Parliament’s Justice Committee is being investigated by the Serious and Organised Crime Division of the Crown Office over allegations made by a former member of Ms Graham’s staff, Mr Mark Hirst, who claims (and has allegedly provided video footage to back up his allegations) that Ms Grahame (67), misused ‘thousands of pounds of Parliamentary funds’ in her subsequently successful election campaign to win the Midlothian South, Tweeddale and Lauderdale seat in the Scottish elections during May 2011.

However, while the Crown Office have confirmed they have received information from the Electoral Commission in relation to a 67-year-old woman and that the information remains under consideration, there is no mention of whether the Lord Advocate is also considering or investigation allegations made by the former member of Ms Grahame’s staff of sectarian remarks allegedly made against Catholic MSPs in the Scottish Parliament.

If the Crown Office do proceed to investigate Ms Grahame over the claims of sectarian abuse against opposition politicians, it may be Ms Grahame may be one of the first to be investigated under the new anti-sectarian legislation backed by the SNP contingent on the Scottish Parliament’s Justice Committee, chaired by Grahame herself.

The allegations of sectarian remarks have raised serious concerns of Ms Grahame’s conduct after the Justice Committee’s SNP members forced through the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill after messy debates in the Scottish Parliament which features in earlier coverage by Scottish Law Reporter HERE

Scottish Law Reporter recently featured an article HERE on the allegations of ‘anti-catholic’ remarks by Ms Grahame, which were published by Mr Hirst. The accusations, which identify alleged comments made by Ms Graham against now former LibDem msp Mike Rumbles, were published on Mr Hirst’s online blog HOLYROOD CONFESSIONS and remained online for several weeks.

In an article titled “SCOTLANDS SHAME” posted on Mr Hirst’s blog earlier in November, the former employee accuses Christine Grahame of making the remarks during discussions on Margo MacDonald’s End of Life Choices Bill, which Ms Grahame was said to have initially opposed, then changed her mind & supported after the Catholic Church came out strongly against the proposed legislation. As msps including Mr Rumbles on Holyrood’s Health Committee which Grahame chaired at the time raised questions of her position as its Convener & supporter of the proposals, Mr Hirst’s blog, now widely quoted online alleges Grahame’s anger spilled over in the office and into a long diatribe aimed at Rumbles, where she is alleged to have said in reference to Mr Rumbles : “It’s because he’s a f*cking Catholic”.

Mr Hirst also alleged other msps who also happen to be Catholics are reported to have faced more name calling from Grahame, including Tricia Marwick, who defeated Christine Grahame in the contest to be the new Presiding Officer of the Scottish Parliament.

Today the blog has had all its postings removed and can only be viewed via the Google Cache HERE, however a full copy of the content has been obtained by Scottish Law Reporter.

A spokesperson for the Crown Office confirmed to one of Scottish Law Reporter’s journalists earlier today : "The Serious and Organised Crime Division of the Crown Office has received information from the Electoral Commission in relation to a 67-year-old woman. The information remains under consideration."

Today, the Celtic Trust website reported on the story, stating :

Grahame who has the task of seeing the Offensive Behaviour at Football Bill through Parliament in the teeth of a totally united opposition from all opposition parties (as well as the Churches, the Football Clubs and legal and academic experts), was accused recently of having anti-Catholic views (see Hirst Allegations) She has, so far, failed to deny these accusations or to take legal action against her accuser. The Justice Secretary has stated that she has ‘robustly defended’ herself but he himself has not provided any details of where and how she has defended herself. Celtic Trust members have asked their MSPs to ask Kenny MacAskill for more details of this robust defence and we will make them public if and when we receive them.

These latest revelations which suggest that the police are taking seriously the allegations of a ‘disgruntled employee’ cast further doubts on the credibility of Christine Grahame and, by inference, on this thoroughly detested and unwanted piece of proposed legislation.

The Scottish Government must take a step back from the precipice at least until Ms Grahame has answered these charges to the satisfaction of the police and the Crown Office. To proceed to force this Bill through against all reason and logic and in the light of these allegations which further taint the whole process of the passage of this Bill might be the most costly piece of bravado which this Government have ever engaged in.

The report from the Daily Mail newspaper :

MSP in probe over her election expenses

Daily Mail, Saturday 26 November 2011 By Andrew Picken, Scottish Political Correspondent

A SENIOR Nationalist MSP is under investigation over allegations she used publicly funded workers and equipment on her election campaign. Christine Grahame, convener of the Justice Committee, is being investigated by the Serious and Organised Crime Division of the Crown Office over the claims. It has been alleged that she ordered three of her parliamentary staff to work on the SNP campaign ahead of May's election.

The veteran MSP is also facing allegations she used parliament computers, stationery, stamps and travel expenses worth thousands of pounds in her successful bid to win the Midlothian South, Tweeddale and Lauderdale seat.

The investigation was sparked by a former researcher who was sacked by Miss Grahame. Mark Hirst, who worked for the MSP for seven years before being axed in September, complained to the Electoral Commission about the alleged malpractice. Officials at the elections watch-dog last week passed the complaint to the Crown Office. It is understood the country's prosecution service has now asked the police to interview Mr Hirst about the claims. Secretly recorded video footage and emails, handed to the Crown Office but seen by the Scottish Daily Mail, allegedly show Miss Grahame directing parliament staff to carry out campaign work.

Speaking yesterday, Mr Hirst said: “She said at the declaration that winning this seat was like winning gold at the Olympics; well the evidence I have shows this was the political equivalent of doing that with performance enhancing drugs. 'It was unfair on the other candidates, she cheated - that is the bottom line. “We were all instructed to carry out work for the SNP using parliamentary resources. It might be more widespread I don't know but I know it is wrong. She was taking no chances, she was prepared to do anything to win.”

He continued: “I worked full-time for her and this was not just going on in the short campaign before the election, we are talking back to January. I was instructed to make the 200-mile trip from my home in Dundee to go to the Borders and help with the canvassing and keying in with the SNP database because they could not get the activists to do that. I know the two other staff were doing the same - it was overt political work. And we are not talking about a couple of stamps here and there, it was hundreds of stamps as well as use of thousands of pounds worth of IT equipment.”

A Grown Office spokesman said: “The Serious and Organised Crime Division of the Crown Office has received information from the Electoral Commission in relation to a 67-year-old woman. The information remains under consideration.”

Mr Hirst was suspended on full pay on May 16 when two of Miss Grahame's constituency workers claimed that he was secretly spying on her. He was dismissed for gross misconduct on September 13 but is taking the matter to an employment tribunal.

A spokesman for Miss Grahame said: “This is yet another complaint from a former employee who admits himself that he is disgruntled. The Electoral Commission has said that it does not intend to take any further action in relation to his complaint. "Miss Grahame has provided all organisations with all the information they have required and will continue to do so.”

‘Alleged’ Air Rage incident ex Lord Advocate Lord Fraser of Carmyllie exonerates Alex Salmond over Brian Souter honour nomination complaint

2011-11-29T12:04:00.002Z

Lord Fraser of Carmyllie, the former Conservative Scottish Lord Advocate who was arrested at Dundee Airport in 2006 for a breach of Article 78 of the Air Navigation Order 2005, which related to "acting in a disruptive manner" and was personally appointed by the First Minister Alex Salmond to investigate complaints against Scottish Ministers along with former Lord Advocate now Dame Elish Angiolini DBE QC, has expectedly cleared First Minister Alex Salmond of any ‘involvement' in the nomination of Brian Souter for a knighthood. Lord Fraser’s report claims the allegations made against Scottish Ministers by Jim Sheridan MP were wrong and ‘ill-founded’

Lord Fraser’s report containing his findings & correspondence with the Cabinet Office & Jim Sheridan MP. The report can also be downloaded it from the Scottish Government’s website HERE (pdf)

The report states : Mr Jim Sheridan MP for Paisley and Renfrewshire North complained to the First Minister concerning the award of an Honour to Brian Souter. As I understood it, his complaint was that directly or indirectly Alex Salmond had intervened to secure a knighthood for Brian Souter not on the basis that he had been a distinguished entrepreneur in Scotland but he had made a substantial contribution to the SNP. Mr Sheridan seized upon the apparent inconsistency that the recommendation of a knighthood came from the Scottish Government whilst Alex Salmond and' ministerial colleagues denied any involvement. That complaint was simple enough but after I wrote to Mr Sheridan I received this reply, which to avoid any ambiguity, I set out in full:

To Alex Salmond I wrote that, as I have done in past inquiries, I would leave "no stone unturned". To his credit he replied that was exactly what he had anticipated. As part of that investigation I wrote to the Cabinet Office who responded "In confidence". I take no exception to that qualification but quote the salient section from [Redacted in the report, was from Cabinet Office] reply: "In this particular instance, I have not been able to fmd any evidence that Mr Salmond approached my office either directly or indirectly with regard to an honour for Sir Brian Souter. There is certainly no written communication from him on our files."

In my time, and as I understand it, as was the practice of the subsequent Labour administration, ministers offered comment to the Committee headed by the Permanent Secretary but never sought to direct it other than in the notorious but unproven allegation that the late Donald Dewar sought to veto any award of an honour to Sean Connery on the basis that he supported the SNP. Whilst aware of that as anyone involved in politics in Scotland would be, it is beyond my remit to determine the truth or falsity of that widespread allegation.

What is clear to me and within my remit is that:

I) On taking up office as First Minister Alex Salmond required that neither he nor any of his ministerial colleagues should have any involvement in the grant of a UK Honour beyond a possible letter of congratulations once an honour had been offered and accepted.

2) That stern stance was never modified and Alex Salmond did not seek as First Minister nor as leader of the SNP to bypass the Scottish Government by going directly or indirectly to the Honours Unit.

Given those facts checked out with the Pennanent Secretary and the Honours Unit there appears to me to have been no breach of the Ministerial Code by Alex Salmond as First Minister and he should be wholly exonerated of any breach.

Mr Sheridan is a respected MP and not a careless populist. He was entitled to assume that when it was asserted that a nomination came from the Scottish government that Scottish Ministers either approved the nomination or at least had some involvement in its submission. In fact he was wrong in that assumption. Scottish ministers, most particularly Alex Salmond, had no involvement.

I have some sympathy with Mr Sheridan in that ministers might have been expected to have had a measure of involvement in the process without directing it. Sir Peter Housden has an unenviable task but I conclude he undertakes that, as he should, without fear or favour. That is, however, beyond my remit as would be the comment that Brian Souter as one of Scotland's leading entrepreneurs is very worthy of any honour.

I would only suggest that to avoid any repetition of this ill-founded complaint that the First Minister take the opportunity before the Scottish Parliament to set out his position and that of his colleagues on Honours. He may feel that his stance is already sufficiently clear although this complaint would demonstrate that it is not unequivocally so.

The Scottish Government issued the following Press Release : FM 'wholly exonerated' in honours claim

Scottish ministers had no involvement in the nomination of Brian Souter for a knighthood and the First Minister should be 'wholly exonerated' of any breach of the Ministerial Code, an independent report into complaints made by Jim Sheridan MP has concluded. Lord Fraser of Carmyllie - an independent adviser to the Scottish Government on the Ministerial Code - has found that allegations Scottish ministers had directed the nomination of Mr Souter were wrong and 'ill-founded'. Lord Fraser concluded that the Scottish Government had not deviated from the FM's policy announcement, made when he took office in 2007, that the FM and all other Scottish Government ministers have chosen to have no role in any part of the Honours process.

Lord Fraser's report says: "Given those facts checked out with the Permanent Secretary and the Honours Unit there appears to me to have been no breach of the Ministerial Code by Alex Salmond as First Minister and he should be wholly exonerated of any breach."

Lord Fraser said that, while Mr Sheridan had been entitled to assume a Scottish Government nomination had been approved by ministers, that assumption was wrong. "Scottish ministers, most particularly Alex Salmond, had no involvement," the report adds. This is the fourth complaint referred to the independent panel of advisers on the Ministerial Code since the system was introduced in June 2008. In each case, the complaint against the FM has been dismissed.

Alex Salmond cleared of any involvement in Souter honour. Mr Salmond today welcomed Lord Fraser's report: "I would like to thank Lord Fraser for his thorough examination of this issue and I welcome the findings that have entirely exonerated Scottish Government ministers. I trust that Mr Sheridan will also welcome this conclusion. This is the fourth complaint to be referred to the independent panel of advisers I set up in 2008 to rule on matters relating to the Ministerial Code, and I am pleased that, in each case, the complaint has been dismissed.” Mr Salmond continued : "Lord Fraser indicated that I should restate the Scottish Government's position on awarding Honours and I am happy to do so, in the form of a parliamentary answer. I am grateful to Lord Fraser of Carmyllie and the other adviser on the panel - Dame Elish Angiolini - for their commitment and diligence in carrying out this important role."

Read Lord Fraser's report online HERE or download it from the Scottish Government’s website HERE (pdf)

The report will also be placed the Scottish Parliament Information Centre (SPICe). The Scottish Government established a system of independent advisers in 2008 to enable the First Minister to refer complaints made under the Ministerial Code. In August of this year, Lord Fraser and former Lord Advocate, Dame Elish Angiolini, were appointed as the latest advisers to take up the role, covered by Scottish Law Reporter HERE

Dame Elish Angiolini is not listed in Lord Fraser’s report to have played a part in the investigation into the Souter honour affair.

Profile : Former Lord Advocate Elish Angiolini :

Former Lord Advocate Elish Angiolini, now independent adviser to First Minister Alex Salmond is caught up in Scotland’s longest running most expensive Breach of the Peace charge against anti-abuse campaigner Robert Green. The RECORD TWO YEAR CASE against anti-abuse campaigner Robert Green, revolving around a public campaign for justice for Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang, is about to hit it’s THIRD YEAR under Sheriff Principal Bowen and a collection of Crown Office prosecutors, is reported to have already cost taxpayers over HALF A MILLION POUNDS and with a witness list of 61 individuals, is set to hit £1 MILLION in 2012. 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

Profile : Lord Fraser of Carmyllie :

Lord Fraser led the inquiry in to the building of the Scottish Parliament, which saw no one held to account for the massive overspend to £500 MILLION on the hapless Holyrood building now in a constant state of disrepair and leaking more water than the Firth of Forth during rainstorms. Earlier in June after an Al Jazera documentary exposed major flaws some may say amount to corruption within the investigation into the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988, Lord Fraser was featured in the documentary telling a film crew he accepted a key witness in the Pan Am 103 trial had been bribed by Scottish Police, yet nothing has been done about it. Lord Fraser also went onto attack the father of one of the victims of the Lockerbie bombing, Dr Jim Swire, accusing him of suffering from ‘Stockholm Syndrome’ with regard to Dr Swire’s campaign to find out the truth behind the Lockerbie bombing.

With regard to the in-flight incident, the Daily Record newspaper reported the arrest of Lord Fraser of Carmyle, saying : A LORD who was Scotland's top lawman has been arrested over an alleged air rage incident. Lord Fraser of Carmyllie was escorted off a flight by police at Dundee Airport. The Tory peer was Lord Advocate from 1989 to 1992.

Witnesses claimed he smelled of drink and argued with a female steward on Tuesday night's delayed ScotAirways flight from London City Airport. A passenger said: "When he got on the later one, he had been hanging around for quite a few hours. He berated a female member of the cabin crew about the delay. He was smelling strongly of drink and requested more drink but was refused. When that happened he became disruptive again and the female crew member became alarmed as did some of the other passengers."

Last night, Tayside Police confirmed that a 61-year-old man had been charged and a report sent to the procurator fiscal. It is believed to be the first time that a former Lord Advocate has been charged with a criminal offence.

Lord Fraser, born Peter Fraser, was among passengers whose ScotAirways flight was delayed for more than three hours. Fog in London led to it being cancelled and travellers were put on to a later flight. The plane's pilot called ahead for police assistance after a stewardess complained Fraser was being disruptive. Officers were waiting for the flight when it touched down in Dundee at around 9.20pm. Fraser - a former Tory minister - was asked to stay in his seat until other passengers had cleared arrivals. He was arrested and taken to police HQ at Bell Street. The QC was not held overnight. Police refused to give details of the charges against the politician, who was MP for Angus South then Angus East. He was appointed Solicitor General, the No2 job in the prosecution service, under the Thatcher government in 1982.

The case was later dropped when the Crown Office said there was “insufficient evidence” to proceed, a now familiar claim from the Crown Office on just about every controversial case it receives.

‘VENDETTA’ drives Crown Office ‘no matter the cost’ prosecution of THREE YEAR, £1 MILLION Breach of the peace charge against anti-abuse campaigner

2011-11-25T12:42:00.004Z

Breach of the peace trial of Anti-abuse campaigner Robert Green will ultimately cost taxpayers up to £1 million say sources. A RECORD TWO YEAR BREACH OF THE PEACE prosecution against anti-abuse campaigner Robert Green which is apparently being waged at the insistence of key figures in Scotland’s legal world including private law firms with direct & personal links to Scottish Ministers, serving members of the judiciary and Crown Office officials both current & former is likely to result in a final staggering bill of up to ONE MILLION POUNDS to taxpayers after the eventual conclusion of any trial which will probably take the case into a THIRD YEAR after the initial arrest, according to newly released estimates by legal insiders of the costs of the long running case which began when Robert Green was charged in February 2010 after attempting to hand out leaflets which publicised the case of Downs Syndrome victim Hollie Greig who is alleged to have been repeatedly abused by an Aberdeen based paedophile ring.

The now record costs of the Crown Office’ prosecution for a single Breach of the Peace, dubbed by legal insiders a “Three year private vendetta bankrolled by taxpayers against Robert Green & abuse victims” were revealed when Scottish Law Reporter earlier reported pre-trial costs had already risen to around HALF A MILLION POUNDS, after factoring in the expenses of THIRTEEN earlier hearings at Stonehaven Sheriff Court, 15,000 travel miles for the accused, hugely expensive legal bills generated by private law firms hired by officials which appear to have been paid for out of public funds, rising legal aid fees, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and the costs to the Crown of ‘consulting & maintain’ a witness list which has varied in numbers and currently totals SIXTY ONE persons.

Former Lord Advocate now Dame Elish Angiolini employed law firm linked to Cayman Islands & Cocaine addict who ran Glasgow City Council, Levy Mcrae from Glasgow. The controversial case, which earlier this week had an unprecedented FOURTEENTH HEARING at Stonehaven Sheriff Court and now has a preliminary date of 16 January 2012 set for the actual trial to finally take place, may see former Lord Advocate now Dame Elish Angiolini DBE QC take the witness stand to answer questions over why Mr Green was charged with breach of the peace with regard to his anti-abuse campaigning. Dame Angiolini is also likely to be asked why in her position of Lord Advocate she used a private law firm whose partners have dealings in the well known offshore tax dodging haven of the Cayman Islands, LEVY MCRAE, to serve interdicts against Mr Green while also threatening media outlets including Scots law publication “The Firm” and several newspapers over their coverage of the abuse story.

Late last night, sources close to COPFS let it be known officials were being badgered to maintain the prosecution of Green “on a no matter the cost basis". Reports of telephone calls to & off-the-record meetings between those with an interest in maintaining the prosecution of Green and COPFS officials have been likened akin to “a lobbying effort" to punish the anti-abuse campaigner for raising issues over the failings of an abuse investigation carried out years ago by Grampian Police & Scotland’s prosecuting authorities around the time Dame Angiolini served as Procurator Fiscal for the Aberdeen area.

The fruitless & costly investigation by Grampian Police into the abuse claims has been criticised over the years by campaigners & politicians, and yet with no clear end result after Police involvement in the case, Hollie Greig, who was a child at the time of the abuse, was paid a significant sum of money from the Criminal Injuries Compensation Authority totalling £13,500, a move which prosecutors are reluctant to explain.

At the latest hearing of the case this week, which was solely to determine the status of Procurator Fiscal Stephen McGowan who has also been called as a witness for the defence, Mr Green’s defence solicitor, Mr Alan MacLeod informed the court that as he had just been appointed as part of the new legal team for the defence given the withdrawal of Mr Green’s previous legal advisers who included Frances McMenamin QC, he required time to look through the complex evidence of the case. Mr MacLeod requested the trial date be delayed until 16th January 2012.

However, Grampian Area Procurator Fiscal Anne Currie opposed the defence’s request, stating the Crown wanted the trial to go ahead as quickly as possible in the interests of Crown witnesses, whose names have not yet been made public.

Responding to the Crowns objections, Mr MacLeod for the defence told Sheriff Principal Bowen that if the Crown’s demands were accepted, the whole defence team would have to immediately withdraw from representing the accused as it would be impossible and unreasonable for them to prepare its case in a short amount of time, given its undoubted complexity.

Sheriff Principal Bowen accepted the defence plea, ruling that the trial should commence on 16th January 2012 and that yet another interim hearing to resolve the issue of Mr McGowan`s refusal to recuse himself from the prosecution of Mr Green should be heard on 21st December. Sheriff Principal Bowen also voiced his concerns about the rising costs of pursuing the case.

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

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 insiders have also pointed out the record amount of time it has taken to bring the case to trial, raises doubts over whether a three year wait for a trial to begin during which sixteen hearings on a single breach of the peace charge have been heard, complies with Article 6 (1) of ECHR where the issue of an accused’ being “entitled to a fair and public hearing within a reasonable time” may have been breached.

Scottish Government’s lawyer Ruth Crawford QC breached Data Protection Act over theft of her unsecured laptop full of patient’s personal details

2011-11-24T12:27:00.003Z

RUTH CRAWFORD QC, an Advocate from the Axiom Advocates stable who works for the Scottish Government has been slapped on the wrist by the Information Commissioner’s office after her unencrypted laptop was stolen while she was away on holiday. Ms Crawford regularly advises & represents the the Scottish Government in litigation and also works for local authorities and other public bodies.

The incident of the stolen laptop which was full of the details of patients involved in medical cases was DELIBERATELY NOT reported to the ICO's office until all the cases had finished, causing the ICO to issue an assurance to the legal profession that all data breaches reported to its office would not be disclosed and that all such breaches should be reported immediately (According to some, delays in reporting potential crimes sound fishy - Ed).

The laptop was never recovered however it has been claimed “most of the information compromised would already have been released as evidence in court papers” which would probably rank as a world first for a case where counsel for either side spilled the lot in court! (Do people still fall for these kinds of explanations ? – Ed)

The ICO reports :

Advocate’s legal files lost after unencrypted laptop theft

A Scottish advocate breached the Data Protection Act after failing to encrypt a laptop containing sensitive personal data which was later stolen, the Information Commissioner’s Office (ICO) said today.

The laptop was stolen from the home of Ruth Crawford QC whose clients include the Scottish Government and NHS Scotland in 2009 when she was away on holiday. It contained personal data relating to a number of individuals involved in eight court cases the advocate had been working on. This included some details relating to the physical and mental health of individuals involved in two of the cases. The device has not been recovered; however, most of the information compromised would already have been released as evidence in court papers.

The breach was only reported to the ICO on 30 August 2011 when the last case relating to information held on the laptop was concluded. The ICO’s enquiries found that, whilst Ms Crawford had some physical security measures in place at the time of the theft, she failed to ensure that either the device or the sensitive information stored on it was appropriately encrypted.

The QC has now agreed to put the necessary changes in place to ensure this type of incident does not happen again. This includes locking away any personal information stored at her home and following any future data protection guidance issued by the Faculty of Advocates or her stable.

Ken Macdonald, Assistant Commissioner for Scotland said: “The legal profession holds some of the most sensitive information available. It is therefore vital that adequate security measures are in place to keep information secure.”

“As this incident took place before the 6 April 2010 the ICO is unable to serve a financial penalty in this instance. But this case should act as a warning to other legal professionals that their failure to protect personal information is not just about potentially being served with a penalty of up to £500,000 – it could affect their careers too. If confidential information is made public, it could also jeopardise the important work they do in court.

“The ICO would also like to assure the legal profession that any information reported to this office will not be disclosed unless there is specific legal authority for us to do so. Therefore all breaches should be reported to our office as soon as practically possible.”

The undertaking by Ms Crawford QC, issued after a deal was apparently struck for the ICO not to issue a fine or use its powers, states :

The Information Commissioner (the ‘Commissioner’) was informed on 30 August 2011 of the theft, in summer 2009, of an unencrypted laptop from the study of the data controller’s home. The laptop, which was not encrypted, contained sensitive personal data relating to a number of individuals who were involved in cases on which the data controller was instructed to act. It is likely that much of the data compromised by this incident would have already been in the public domain.

The theft occurred while the data controller was on holiday, having left plumbers to fit a new boiler at her home. The data controller provided the plumbers with keys and the code to her alarm. She highlighted the importance of keeping her front door locked and of activating the alarm when leaving the house. Upon returning from holiday on 3 September 2009, the data controller discovered that the laptop and a purse were missing from her study. She subsequently reported the matter to the police.

The Commissioner has noted that physical security measures were in place at the time of the incident, but that there was insufficient technical security employed on the laptop to protect the data.

The Commissioner has considered the data controller’s compliance with the provisions of the Act in the light of this matter. The relevant provision of the Act is the Seventh Data Protection Principle. This Principle is set out in Schedule 1 Part I to the Act. The Commissioner has also considered the fact that some of the data stolen in this incident consisted of information as to the physical or mental health or condition of the data subjects. Personal data containing such information is defined as ‘sensitive personal data’ under section 2(e) of the Act.

Following consideration of the remedial action that has been taken by the data controller, it is agreed that in consideration of the Commissioner not exercising his powers to serve an Enforcement Notice under section 40 of the Act, the data controller undertakes as follows:

The data controller shall, as from the date of this Undertaking and for so long as similar standards are required by the Act or other successor legislation, ensure that personal data are processed in accordance with the Seventh Data Protection Principle in Part I of Schedule 1 to the Act, and in particular that:

(1) Portable and mobile devices including laptops and other portable media used to store and transmit personal data, the loss of which could cause damage or distress to individuals, are encrypted by 31 December 2011;

(2) If personal data is to be stored overnight, other than securely within the data controller’s place of work, it shall be kept in a secure, locked storage place;

(3) The data controller shall subscribe to any information security policies and procedures as and when they are implemented by the Faculty of Advocates or her stable, and take all appropriate steps to comply with these at all times;

(4) The data controller shall implement such other security measures as she deems appropriate to ensure that personal data is protected against unauthorised and unlawful processing, accidental loss, destruction, and/or damage.

Scots Judges, Police & Prosecutors jittery over arrest of ‘Fettesgate’ lawyer David Blair Wilson amid fears of new rent-boy for crooked judges scandal

2011-11-23T14:50:00.003Z

A repeat of the 1990’s FETTESGATE MAGIC CIRCLE boys-for-sex-with-judges scandal is on the cards, according to Scots legal insiders after it became known senior members of Scotland’s legal establishment including some of the country’s most senior judges, Police, prosecutors and Holryood politicians have been shaken by the arrest of crooked lawyer David Blair Wilson for the attempted smuggling of drugs into Saughton Prison in Edinburgh. Judges and their colleagues in the legal world are rumoured to be worried that enquiries into the life of the lawyer who once claimed to have compromising pictures of top law officers & prosecutors from the Crown Office caught up in gay sex orgies with young men & juveniles may reveal the Magic Circle of boy swapping Scots justice figures has existed all along, despite a report in the 1990s by the then WA Nimmo Smith QC & JD Friel, Procurator Fiscal for North Strathclyde which attempted to put a lid on the dealings of judges whose decisions were rumoured to be influenced by blackmail using compromising information & pictures relating to rent-boys.

A legal insider speaking to Scottish Law Reporter has claimed there are moves to persuade Blair Wilson to take a guilty plea rather than allow him to plead not guilty because many senior figures in the legal community fear press enquiries into what Blair Wilson has been up to and who he was allegedly supplying drugs to, may lead to a 2011 version of the Magic Circle justice scandal landing on the front pages.

The Report on an Inquiry into an Allegation of a Conspiracy to Pervert the Course of Justice in Scotland which can be viewed online here : REPORT ON MAGIC CIRCLE GAY JUSTICE SCANDAL (pdf) was widely rubbished as little more than an attempt to cover up well known habits of certain judges & prosecutors in Scotland who sought & gained sexual contact with males under the ages of 18 and less than 16. With the arrest of Blair Wilson, the judiciary & Crown Office staff who appear to have continued the habits of the Magic Circle are now worried for their own positions.

Blair Wilson is mentioned in the following paragraphs of the report : “At the initial meeting with the reporting officer Crawford was asked to elaborate on the matter concerning Mr Douglas Allan and confirmed that he had informed DC Few that these photographs existed. He claimed that during the summer of 1988 he had been in the "Laughing Duck" public house 24 Howe Street, Edinburgh, along with Conroy and another male homosexual associate of Conroys, David Blair Wilson, then of Wilson Terris & Co., 22 Hill Street, Edinburgh, when he noticed another male customer continually looking at Conroy and smiling to him. As he was having a relationship with Conroy he asked who the apparent admirer was and was informed by Conroy in the hearing of David Blair Wilson that it was "Douglas Allan" the Procurator Fiscal, the "Top Law man in Edinburgh".

Conroy and Wilson informed Crawford that David Blair Wilson had compromising photographs of Douglas Allan along with a "young guy", Crawfords understanding was that although Conroy was present he was not the young man involved in the photo session."

Although the meeting on 3January 1991 was between Souter and Crawford alone, thereafter the investigation was carried out by Souter and Detective Sergeant Peter Brown together. There was a further meeting between them and Crawford on 14 January 1991, when Crawford repeated much of what he had said on 3 January. On 25 January 1991 Souter and Brown met Conroy in Parsons Green Terrace, Edinburgh.

According to the memorandum he "agreed to speak off the record regarding his involvement as a juvenile with homosexuals in the legal profession and although he denied that he had personally had sexual relationships with anyone he claimed that he was aware of the homosexuality of" a number of persons whom he named, one of whom was Douglas Allan.

The memorandum proceeds: "He claimed that his only knowledge of these men was hearsay but that Douglas Allan is a friend as is his own solicitor David Blair Wilson. He claimed that these people had all at some time attended parties ... in Palmerston Place, Edinburgh, at which young men attended and where alleged sexual activities occurred." He agreed to provide a written account of these matters, but in the event he did not do so.

SHAMED JUDGE TAKEN ON BY SNP LEGAL PROJECT : Earlier this year, Scottish Law Reporter covered the SNP’s recruitment of former High Court judge Lord Dervaird to their Scottish Arbitration Centre pet project run by lawyers close to the SNP. Dervaird himself was forced to resign from the bench in the earlier Magic Circle gay justice scandal, more of which is reported here : Ex-Court of Session Fettesgate Judge Lord Dervaird made Hon Vice President of SNP/Law Society backed Scottish Arbitration Centre

A BOY IN THE BOOT : In one rumour circulating the Scots legal world relating to one of the most prominent figures in Scotland’s legal establishment who regularly appears in newspaper articles promoting the interests of the profession and has even appeared in front of msps at the Scottish Parliament, it is claimed that after playing a round of golf with colleagues, the ‘senior legal figure’ opened the boot of his car to show off a young boy under the age of sixteen who was hiding under a cover which he was transporting to his “country home” for sexual purposes. (Sorry, need some air after reading this one – Ed)

POPPERS : A source has also claimed an individual from the gay scene in Edinburgh has allegedly come forward, volunteering information he has directly supplied senior legal figures with illegal drugs and also “poppers”, a kind of narcotic stimulant used in gay sex.

There is little doubt in the Scottish legal community that several judges, prosecutors & senior lawyers “have the potential to be implicated in a new gay justice scandal due to their sexual preferences for young men and other habits” and it has been confirmed to journalists already looking into the affair there is significant anger from legal circles directed at Lothian & Borders Police for making the arrest in the first place. However Police source say they are determined to act against any criminals (Oh really ? Another break in of Fettes on the cards is it ? – Ed)

The Sunday Mail newspaper reported on the Blair Wilson arrest :

LAWYER HELD BY JAIL DRUG COPS

Police swoop in prison car park to arrest lawyer accused of smuggling attempt

Oct 9 2011 Exclusive by Stephen Stewart, Sunday Mail

A LAWYER has been accused of trying to smuggle cannabis into one of Scotland's toughest jails. Police swooped on solicitor David Blair-Wilson after guards at Saughton prison, Edinburgh, raised the alarm.

Blair-Wilson was arrested and charged under the Misuse of Drugs Act after police searched a car in the prison car park on Thursday. He was quizzed at St Leonard's police office in the capital where he complained of chest pains. He was then transferred to the city's Royal Infirmary where he was held under police guard, though he has since left hospital.

A police spokesman said: "A search was carried out of a vehicle within the prison car park and drugs and other items associated with organised crime were seized."We continue to gather intelligence on organised criminals - including those serving time in prison - and will act on any information relating to illegal activities."

Blair-Wilson was found guilty of professional misconduct by Law Society chiefs eight years ago after numerous complaints. He was given a 10-year ban, preventing him working with legal transactions of a financial nature.

He avoided being struck off but was ordered to work under supervision for 10 years. One client accused Blair-Wilson of giving false information on his behalf to a court while another said he misled him. A clinical psychologist and legal assistant accused him of failing to pay fees they were owed. Blair-Wilson failed to respond to the Law Society's concerns and ignored repeated demands to hand over his accounts.

He was previously a criminal law specialist and worked for Nigel Beaumont & Co in Edinburgh. Since qualifying as a lawyer in 1982, he has worked for nine different law firms. He now works for Edinburgh solicitor Massimo D'Alvito. Mr D'Alvito said: "I didn't know anything about this. It came as a shock to me."

In 2007, lawyer Angela Baillie - dubbed Ally McDeal - was sentenced to 32 months in jail for handing over heroin to client Peter McConville in Glasgow's Barlinnie prison.

Crooked lawyer Andrew Penman linked to ‘Will scandal’, Royal Bank & Tax deception in Law Society report, is director in £–1.6m worth Ladykirk Estates

2011-11-22T21:15:00.002Z

Stormonth Darling Solicitors in Kelso. ANDREW PATERSON PENMAN, a Crooked Lawyer working in the firm of STORMONTH DARLING SOLICITORS based in the Scottish Borders town of Kelso who was investigated by the Law Society of Scotland in the long running case of the Cherbi Executry Estate swindle where over a QUARTER OF A MILLION POUNDS including foreign assets located in Italy were alleged to have been wiped from the value of the estate of the Jedburgh businessman in the early 1990’s has been identified as a Director of LADYKIRK ESTATES LTD, a land agent operating in the South of Scotland and around Berwick Upon Tweed who recently challenged the right of an elderly farming tenant to assign his tenancy to his nephew. Ladykirk Estates lost the case in the Land Court and appealed the decision to allow the tenant farmer to pass on his tenancy to his nephew in the Court of Session.

In an online companies check entry for Ladykirk Estates Ltd Reg No SC015891, information listed reports the company’s registration date of 22/03/1930 as “Private Limited with share capital”. Its last accounts were filed on 26/02/2011 tor period to: 28/05/2010. Ladykirk Estates Ltd is registered at the same address of Penman’s law firm, Stormonth Darling, located at BANK OF SCOTLAND BUILDINGS, KELSO TD5 7HQ.

The report on Ladykirk Estate’s Financial Summary from its last accounts lists the following : Cash at Bank : £288 (Cash at bank and 'in hand' is the bank balance for LADYKIRK ESTATES LIMITED at the end date of the period the accounts were for). LadyKirk Estate’s Net Worth is listed as : £-1,660,755 (Negative) (A company’s Net Worth is calculated as Shareholders Funds minus Intangible Assets. £-1,660,755 is from the accounts filed in 2010) Ladykirk Estate Lrd’s Total Current Liabilities : £1,228,186 (The sum of Trade Creditors, Bank Overdraft and Miscellaneous Current Liabilities in 2010) Total Current Assets : £913,602 (The sum of Stocks, Trade Debtors, Cash and Miscellaneous Current Assets in 2010)

The Land Court decision against Ladykirk Estates Ltd, who challenged the right of one of their elderly bachelor farm tenants to pass on his tenancy to his nephew (also a farmer) and subsequently lost the case, is reported here : FLEMING v LADYKIRK ESTATES LTD. (Application RN SLC/62/08 – Order of 28 April 2009). The decision was widely welcomed as it removed some of the obstacles hindering the succession of young tenants into their family farms, ruling that in this case, the Borders tenant farmer from Coldstream is allowed to assign his tenancy to his nephew despite various objections raised by Ladykirk Estates Ltd, his landlord. The issue was further reported in the Land Gazette HERE

Penman, known to some as ‘Drew Penman’, is still working as a solicitor partner in the firm of STORMONTH DARLING SOLICITORS, KELSO even though several investigations carried out by the Law Society of Scotland issued reports finding Penman had deliberately rearranged evidence before investigating officers took possession of the files in an attempt to prevent the Law Society’s own reporter from investigating the circumstances of the losses. The Law Society investigating reporter found “there was also evidence of what appeared to be a bungled and unsuccessful attempt to put the file into order

Law Society investigating lawyer found Andrew Penman deliberately mislead the Royal Bank of Scotland, amounting to professional misconduct. Page two of the Law Society report said : “The reporter noted there was a complete failure on the part of Messrs. P. & J. Stormonth-Darling to deal with this matter. They completely failed to acknowledge the instructions they had received from the Royal Bank in this connection and failed to take any steps to deal with the matter. The reporter was of the view that the substantial and unnecessary delays which had taken place in the executry might amount not only to an inadequate professional service on the part of Messrs. P.& J. Stormonth Darling but professional misconduct on the part of Mr Penman the solicitor dealing with the matter up until the time the complaint was lodged with the Law Society on 17th October 1994. Further the reporter was of the view that the apparent deliberate attempt to mislead the Royal Bank in regard to the Banco di Roma account may amount to professional misconduct.”

The Law Society investigating lawyer went onto demand a prosecution of Andrew Penman, saying : “In respect of the extraordinary delays and the repeated failures to respond to correspondence and the apparent, deliberate attempt to mislead the Royal Bank the reporter was of the view that the professional misconduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal The reporter was or the view that there had clearly been an inadequate professional service but in the, event of a referral to the Scottish Solicitors Discipline Tribunal this would be incorporated into the complaint.”

In several damning verdicts, the Law Society’s investigating officer found that Penman had DELIBERATELY MISLED the Royal Bank of Scotland, while documents involving correspondence from the then INLAND REVENUE now Her Majesty’s Revenue & Custons (HMRC) showed Penman had also deliberately misled tax inspectors after vast sums of money disappeared from the deceased’s estate in an organised attempt by the Executor, a Borders Accountant identified as Norman Howitt to pay the monies over to the deceased’s wife and then into a SECRET TRUST FUND controlled by Howitt himself and revealed in an article on Scottish Law Reporter in 2007, HERE where evidence revealed Howitt had INCREDIBLY even taken possession of the deceased’s widow’s pension book.

Law Society Complaints Committee said Andrew Penman mislead the Royal Bank, was a failure at handling an executry. The Committee’s consideration of the investigating lawyer’s findings revealed : “The Committee expressed grave concern at the way that this executry had been handled by Mr. Penman and the extraordinary delays and the complete failure to deal with correspondence in an adequate manner, The Committee were of the: view that there: had been very poor attention paid to the administration of this estate and that whilst the complainer's uncertainty in certain matters might have caused some confusion there was a general lack of effort on the part of the solicitors to deal with matters in a reasonable manner.. It was noted in connection with the proposed loan by the Royal Bank. to the complainer there was a complete and utter failure to deal with the matter in any way or even to acknowledge the instructions. In connection with the Banco di Roma account the Committee noted the failure on the part of Mr. Penman to deal with matters in a reasonable way. They were particularly concerned at the terms of the letter written by Mr. Penman to the Royal Bank on 29th September 1992 which appeared to be an attempt to mislead the Royal Bank into believing that matters were being actively dealt with when they were not.”

“The Committee concurred with the views of the reporter in this matter indicating that the apparent attempt to mislead the Royal Bank persuaded them that Mr Penman's acting in the matter were so serious and reprehensible as to amount to professional misconduct. The Committee thereafter considered whether the professional misconduct was such that it would warrant referral to the Scottish Solicitors Discipline Tribunal. The Committee were of the view that the administration of the executry had been so appallingly badly done as to take the issue out of service into that of conduct and coupled with the apparent attempt to mislead the Royal Bank the conduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal. The Committee were of the view that Mr, Penman's acting in respect of the extra-ordinary delays and failure to progress the administration of the executry and in apparently misleading the Royal Bank of Scotland were so serious and reprehensible as to amount to professional misconduct. The Committee determined to recommend to Council that Mr. Penman be prosecuted before the Scottish Solicitors Discipline Tribunal in relation to the professional misconduct and the service provided and any other matter which the Fiscal feels appropriate.”

The actions of Penman were so severe the Law Society’s reporter DEMANDED in his report, sections of which are reprinted above, that Penman BE PROSECUTED before the SCOTTISH SOLICITORS DISCIPLINE TRIBUNAL and STRUCK OFF due to the seriousness of his actions against the Cherbi family, however a secret deal was brokered between a key Law Society official, James Ness and the then Complaints Committee to commute Penman’s punishment and reverse the prosecution, thought to be the first & only case of its kind ever happening at the Law Society. The deal to reverse the prosecution was branded as corrupt by many legal insiders and the wider media.

The Penman scandal was significantly reported in the Scottish media at the time, including the Scotsman newspaper. It was also alleged at the time the law firms involved in the scandal had used their local influence to intimidate the remaining family of the deceased in an attempt to thwart any further investigation of the estate swindle. Lothian & Borders Police had cooperated with Interpol at the time to establish the loss of the foreign assets yet no action was taken by Penman or Howitt to recover them. A legal insider said a claim against the Master Policy for negligence failed after the family of the deceased were further intimidated by the legal profession, including the then Chief Executive of the Law Society of Scotland who demanded legal aid be cut off to the Cherbi family in a further attempt to prevent the secret deal at the Law Society becoming the subject of courtroom debate.

‘English-hating’ Scottish justice system criticised by Scotland’s Supreme Court judge Lord Hope as “corrosive … obstacle to legal progress”

2011-11-21T21:33:00.000Z

The Deputy President of the UK Supreme Court, Scottish judge Lord Hope who was earlier this year attacked by First Minister Alex Salmond and Justice Secretary Kenny MacAskill over Human Rights rulings which forced speedy re-writes of Scottish laws excluding certain rights of representation from accused prior to the HMA v Cadder ruling, has criticised Scotland’s courts as being an obstacle to legal progress and full of “corrosive anti-English sentiment”.

We at Scottish Law Reporter think Lord Hope is spot on.

The Sunday Herald reports :

‘Scottish court system is anti-English’

EXCLUSIVE BY LUCY ADAMS 20 Nov 2011

ONE of Britain’s most senior judges has spoken out against the “corrosive anti-English sentiment” in Scotland’s courts, describing it as an obstacle to legal progress.

Many will see the comments by Lord Hope, a Scottish judge and Deputy President of the UK Supreme Court, as an unprecedented counter-attack on the Scottish Government for its assault on the jurisdiction of the Supreme Court earlier this year.

Lord Hope warned against moves to limit the court’s ability to hear appeals against Scottish convictions.

Moves to make such appeals possible only if cases are sent to the Supreme Court by Scottish judges through a process known as certification have been backed by the Scottish Justice Secretary, Kenny MacAskill. Certification is used by courts in England and Wales, but Lord Hope said: “Much has been made of the unfairness of the lack of certification in Scotland when such a system is in place in the other two jurisdictions [England and Wales, and Northern Ireland] but the comparison is not as sound as has been suggested.

“There is [in England and Wales] none of the feeling of antipathy towards cases being sent to London that lies just below the surface here in Scotland ... This is a phenomenon which occurs whether the case is civil or criminal.”

Speaking at the annual conference of the Scottish Association for the Study of Offending (SASO) in Dunblane, Lord Hope quoted remarks made to him by the late Lord Rodger about “a corrosive anti-English sentiment” in the Scottish system, adding that this “sentiment can be a real obstacle to progress”.

His speech, given in memory of the late Lord Rodger, his Scottish counterpart on the Supreme Court who died earlier this year, made clear that he would at points disagree with calls for certification to be introduced in Scotland. He said that Lord Rodger would also have disapproved.

It is the first time Lord Hope has spoken publicly since the controversial row earlier this year when Scottish ministers accused the London-based court and its judges of eroding Scots law and threatened to withdraw funding.

Retired high court judge Lord McCluskey also criticised the Supreme Court and was asked to carry out a review by MacAskill.

The review followed the Cadder decision – which said the legal process in Scotland would have to be changed to comply with European Human Rights legislation which would allow suspects access to a lawyer when being questioned by the police

Lord Hope said the Cadder case had been a “catalyst” for change but said Lord McCluskey’s approach had not been “tactful”. He said Lord Rodger would not have been in favour of calls for certification by Scottish courts – one of McCluskey’s key recommendations.

Lord Hope referred to a letter he sent to Lord Rodger after the recent controversial Supreme Court judgement to uphold Nat Fraser’s appeal against his conviction for the murder of his wife, which lead to his release. Lord Hope wrote in Latin “Let the skies fall in. Justice must prevail”.

He strongly disagreed with suggestions made by Scottish ministers that the Supreme Court was “routinely interfering in the Scottish system” and said the cases they deal with are just the “tiny tip of the iceberg”. Lord Hope said that it was never and is still not the intention of the Supreme Court to be a “court of last resort in matters of Scots criminal law”.

He produced figures which showed that on average the Supreme Court deals with about two and a half Scottish appeals a year, which he said was “not exactly routine interference”. He said the court has refused leave to appeal to it in 19 cases since 2009.

He said: “You may think too that the suggestion that the Supreme Court is interfering too frequently has been somewhat exaggerated.”

He added he and Lord Rodger did not have decisions “dictated to us by our English colleagues” in the Supreme Court and that on Scottish decisions the Scottish judges would lead.

Kenny MacAskill, the Justice Secretary, spoke at the same conference but Lord Hope had already left so the two men did not meet. MacAskill spoke of the need for certification in order to let Scottish courts choose which cases go to the Supreme Court. He also warned of the erosion of Scottish law by external factors – including the London-based Supreme Court.

MacAskill told delegates: “I have spoken about the need to safeguard the integrity of Scot criminal law in the EU context. I wish to safeguard that integrity against an increasingly intrusive presence by the UK Supreme Court.

“On the matter, our view is clear. The High Court of Justiciary is Scotland’s apex court in criminal law, and should have the same responsibilities as equivalent courts in the rest of the UK”.

He also warned against anything which “undermines the position of the High Court as the apex, and consequentially endangers the integrity and historic independence of Scots criminal law”.

Lord Hope also commented on Lord Carloway’s report last week to abolish “corroboration”, which requires there to be more than one piece of evidence bearing witness to a crime. He said Lord Rodger would have wanted to retain it but that in his view, “we have to do something for the very, very many cases when there is no corroboration”. He referred to sexual assault cases where there is no hope of an additional witness and talked of exemptions made centuries ago during a spate of highway robberies where there were no witnesses.

Happy Days as Scottish Parliament’s ‘flag burning’, ‘porn downloading’, ‘cocaine snorting’ & ‘racist joking’ staff to be offered anti-bigotry lessons

2011-11-21T20:19:00.000Z

Among the many things the staff of the Scottish Parliament based at Holyrood are famous for, such as racist remarks, sexual insults, stalking visitors (including school children) on their facebook & email for dates, rigging briefings, flag burning, cocaine snorting, theft, assault, fiddling expenses, performing sex acts in public on each other & on msps, downloading pornography (that’s why the laptops go missing alleged a Policeman, burying the evidence, right ? – Ed) & of course, anti-catholic and just about anti-every-religion-possible abuse, the same all-hating members of staff are now in with a chance of being offered lessons in how not to be religious bigots, reports the Sunday Herald.

And as if all this isn't enough, IP numbers & key identifiers of computers located at the Scottish Parliament are reported to have shown up in international law enforcement investigations into the online downloading & sharing of c* pornography, however, no one has yet been charged or at least no one is letting on if anyone at Holyrood has been charged. So, next time someone tells you they work at the Scottish Parliament, as well as them being able to tell you (perhaps grudgingly) they are no longer a bigot, there is a little more to talk about than how Scotland’s $1billion edifice benefits the country, rather than just the people within it.

The Sunday Herald reports :

Parliament staff offered lessons in how not to be religious bigots

exclusive by Paul Hutcheon

20 Nov 2011

STAFF at the Scottish Parliament have been offered anti-bigotry lessons in response to fears about sectarianism at work. Specialist charity Nil By Mouth has invited the Scottish Parliament Corporate Body (SPCB) to take part in sessions about combating religious hatred.

MSPs are currently scrutinising Government legislation that would introduce new offences for sectarian behaviour. The bill going through Parliament creates offences relating to threatening communications and offensive behaviour at football games.

Ministers are proposing a penalty of up to five years in jail for offenders. However, many have criticised the SNP Government for focusing primarily on football-related sectarianism. A growing number of people believe religious intolerance is a problem across society and not solely a matter for football clubs.

Nil By Mouth, set up in 1995 by Glasgow teenager Cara Henderson following the sectarian murder of her friend Mark Scott, delivers workshops in schools and workplaces across Scotland. The charity has contacted the corporate body about providing the training to Holyrood staff and MSP employees.

The offer follows well-publicised incidents involving staff working for MSPs. It was revealed earlier this year that Ross McFarlane, an aide to Tory MSP Ruth Davidson, had been captured on video setting fire to a European Union flag.

As the staffer struggled to set the cloth alight, another participant could be heard saying: “There’s more chance of f***ing seeing the Pope confess to paedophilia.” As the group laughed, the same person added: “There’s more chance of Hugh Dallas [ex-football referee] telling us he’s a f***ing tarrier.” “Tarrier” is an offensive term for an Irish Catholic. Davidson, who has since become her party’s leader in Scotland, sacked the aide. It was then revealed that Tory aide Colin Taylor had tweeted a line from a song glorifying the paramilitary Ulster Volunteer Force. He was issued with a formal warning.

In a letter to Holyrood chief executive Paul Grice, Nil By Mouth campaign director Dave Scott said that, with sectarianism again in the headlines, he felt that SPCB staff – along with MSPs and their staff – would benefit from an awareness-raising project. He added: “Taking part in such a project would send a clear message to the rest of society that sectarianism is being challenged in the highest offices in the land.” The Sunday Herald recently reported that Nil By Mouth had been snubbed by the Holyrood committee scrutinising the Government’s anti-sectarianism legislation.

James Kelly, Labour’s shadow justice minister, said: “Anything that assists in tackling the scourge of sectarianism in Scottish society should be given careful consideration.” Tory chief whip John Lamont said: “Scottish Conservatives will look at any initiative that will help reduce the prevalence of it [sectarianism] in our society.” A Scottish Parliament spokeswoman said of the training offer: “We will give it our full consideration.”

'Seasonally Adjusted' Crown Office Sectarian Study shows Catholics most likely to face sectarian attacks, terrorism in Salmond’s ‘hate state’ Scotland

2011-11-21T12:17:00.001Z

Crown Office destroyed sectarian crime data to make Scottish Government’s anti-bigot bill look good. The Institutionally Sectarian file shredders at the CROWN OFFICE who destroyed the too-hot-to-handle historical sectarian crime statistics discussed in the Scottish Parliament’s debate on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill by Professor Tom Devine which would have showed even greater numbers of religious hate crimes against Scotland’s Catholic population, have now come up with a new ‘seasonally adjusted’ set of statistics for one year alone, showing for 2010-2011 the numbers of sectarian offences are on the high side, with 693 charges aggravated by religious prejudice with the most offences (58%) being committed against Roman Catholics.

The full report can be read online here : Religiously Aggravated Offending in Scotland 2010-2011

Reacting to the publication of the Crown Office analysis, Bishop Philip Tartaglia, as President of the Communications Commission of the Bishops Conference of Scotland, said : "Although it has taken five years and repeated requests and in spite of the fact that in the intervening period hundreds of Crown office documents have been destroyed, preventing a more complete and balanced analysis, this report does nonetheless make a useful contribution to the sectarianism debate.”

Bishop Tartaglia continued : “Catholics will take little comfort from the fact that they were previously five times more likely to suffer a sectarian attack than anyone else and are now 4.5 times more likely. Since Catholics represent just 16% of Scotland's population, the fact that they account for almost 60% of the victims of sectarian crime reflects poorly on modern Scotland and is an indicator of entrenched hostility on a worrying scale. It remains the case that the overwhelming majority of sectarian incidents are not football related. Therefore, far more engagement is needed with the church in future by all public authorities committed to the eradication of religious intolerance. I restate the willingness and the readiness of our church officials to assist Strathclyde Police in their efforts to understand and monitor religiously aggravated behaviour.”

The statement ended by saying : “Finally, the Catholic Church in Scotland condemns in the strongest possible terms any sectarian behaviour or criminality from any quarter whatever, as having no place in a civilised society.”

The Scottish Government issued a Press Release on the report :

Detailed analysis of religious hate crime

Statistics published by the Scottish Government today provide new detail on the scale of religious hate crimes across Scotland. The information has been made available following a pledge made by the First Minister that a more comprehensive analysis of data relating to Section 74 of the Criminal Justice Scotland Act 2003 would be undertaken and published.

The data shows that in 2010-11:
There were 693 charges aggravated by religious prejudice - up nearly 10 per cent in a year and the highest level in four years
58 per cent of charges related to offences which were derogatory towards Roman Catholicism and 37 per cent of charges related to offences which were derogatory to Protestantism. 2.3 per cent related to Judaism, and 2.1 per cent related to Islam
There were charges with a religious aggravation in 27 out of Scotland's 32 Local Authority areas
79 per cent of all offences took place in the Strathclyde police force area
A third of the total charges were related directly to football
In just over 60 per cent of cases, the accused had consumed alcohol prior to the offence
Fewer than 5 per cent of incidents were related to marches and parades

Minister for Community Safety, Roseanna Cunningham said: "These statistics show the shameful reality of religious hate crime in Scotland. Like racism, this kind of behaviour simply shouldn't be happening in a modern Scotland but sadly, it seems there are still those who think hatred on the basis of religion is acceptable. We need a wholesale change of attitudes, and this new report provides a valuable insight into the nature and scale of religious hate crime across Scotland. It shows that charges for religious hatred are up ten per cent on last year, to the highest level in four years, and it also shows that a disproportionate number of religious hate crimes are directly linked to football, both in stadiums, on public transport and in bars.”

"That is why we have made clear that we will be looking at further wide ranging actions across society, such as in schools and communities, in addition to legislation to send out a clear message that this behaviour will not be tolerated any longer. This report supports the direction of travel we are taking. We need to eradicate sectarianism once and for all by cracking down on all forms and expressions of sectarian hatred, through a combination of education and tough enforcement. "We must deal with sectarianism in the same way as with racism, and drink-driving. This Bill will not be the conclusive answer or the only solution, but it is the beginning of the end. You can either do nothing and allow the status quo which allows the mindless bigot to thrive or we can take the strong action needed now and send out a message loud and clear that this behaviour is not going to be tolerated any longer."

The report does not present any information about the religious beliefs or affiliations of the people targeted by the offensive conduct. Current legislation defines a religiously aggravated offence as an incident where the offender evinces towards the victim "malice and ill-will based on the victim's membership (or perceived membership) of a religious group or a social or cultural group with a perceived religious affiliation", or, the offence is motivated by the same. There is no data held by Police or COPFS on victims' membership of religious or cultural groups with a perceived religious affiliation as this is not relevant to the definition of the crime in law.

The proposed new laws seek to create two new distinct offences:
The first offence targets any sectarian and threatening behaviour expressed at and around football matches which is likely to cause public disorder
The second offence relates to the communication of threats of serious harm or which are intended to stir up religious hatred on the internet or other communications

The Scottish Government claim the new powers “will give the police and the courts vital additional powers to deal with the minority of people who tarnish the image of Scotland through their expressions of hatred and bigotry at and around football. And those who peddle threats and hatred on the internet.”

However it has emerged today officials from the Scottish Government, Crown Office & various Police Forces have held meetings where they have spent more time worrying over categorising incidents in Scotland as “sectarian” or even as “terrorist” than getting a grip on the use of current laws to tackle Scotland’s burgeoning religious crime statistics against Catholics & other minority religious communities.

A legal insider speaking this morning to Scottish Law Reporter confirmed papers containing the previous data had been shredded due to the scale of historical sectarian crimes in Scotland along with information on discussions by Crown Office, Scottish Government & inter agency officials and letters from individuals who claimed to have faced anti-catholic prejudice in their dealings with some of Scotland’s eight Police Forces, several local authorities, named civil servants even the Crown Office itself. The source branded the now destroyed material as “gruesome”.

The source also referred to an undisclosed & unofficial agreement between the Crown Office & Police which avoids categorising several high profile, yet apparently random murders & occurring in Scotland over the past year as sectarian motivated crimes, despite the overwhelming feeling within the communities in which the incidents occurred the crimes appear to have sectarian overtones.

Neil Lennon, Trish Godman & Paul McBride were sent letter bombs, McBride’s comments about “terrorism” worried Scottish Govt officials. More worryingly, in a chilling file note shown to but not handed over to journalists, an agreement appears to have been made between law enforcement agencies and Scottish Government officials stating “we should avoid branding the letter bombs” (sent by crazed football fans to Celtic Manager Neil Lennon, & Celtic supporters which included former msp Trish Godman and top QC Paul McBride) “as a terrorist incident”, apparently out of fear it will encourage others & glorify the sender’s actions. Another document also makes reference to the fact one of the intended recipients of the letter bombs, QC Mr McBride, had already gone on record to the media calling the bombers "terrorists, thugs and cowards" and that one official would attempt to speak to Mr McBride (presumably to reign him in over the use of language – Ed)

BACKGROUND TO HISTORICAL SECTARIAN STATISTICS IN SCOTLAND

Back in September, the Scottish Parliament’s Justice Committee chaired by the SNP’s now twice Convener of the Justice Committee, Christine Grahame MSP, heard evidence from Professor Tom Devine who made it clear academics, anthropologists and sociologists were waiting for the publication of the complete data (from 2003-2010) re religiously aggravated crime under the 2003 Act being compiled. Ms Grahame said she also wanted to see the data and ‘will press the Lord Advocate for it’.

Professor Tom Devine told the Justice Committee it was vital the Lord Advocate’s statistics on sectarian crime be released (click image or LINK to watch video clip)

Responding to questions relating to the 2003 act & offences aggravated by sectarian behaviour from John Lamont MSP, Professor Devine said : … I said that only 14 per cent of the cases that were assessed and evaluated related to events at or outside football matches. I was trying to refute the police officer’s assertion—so much of this process has been based on assertion rather than on argument, or on statements with evidence-that the issue is overwhelmingly a public order problem or is related to football matches. Some of the very few pieces of hard evidence from that snapshot of 2003 to early 2004 refute that analysis.

Most of those cases—54 per cent—were in the Glasgow area; 22 per cent were in Lanarkshire; and a substantial minority were in West Lothian. I can consider the reasons why that should be the case if you are interested, because they are historical.

Alcohol featured in the majority of cases, and in 49 per cent of cases, the police report revealed that the accused was under the influence at the time of the offence. Twice as many Catholic victims as Protestant victims were examined, and 1 per cent of cases showed Muslims to be the target. Fifteen per cent of cases arose in the context of marches.

We need the big database from 2003 to 2011 in order to be confident, and it will appear in the public domain in due course. The snapshot so far tells us that such incidents do not necessarily occur when or where one would think that they would—for example, in the marching season or at football matches. They are part of the fabric of certain areas of Scotia, which reflects the fact that the problem is societal

The Convener: You also referred to the Lord Advocate’s analysis, which is a separate matter.

Professor Devine: Yes. That will build on the snapshot, but importantly it will examine all the data between 2003 and the present. Academics, scholars, historians, anthropologists and sociologists have wanted to see that information for some time. It will not necessarily tell the entire truth, but it is hard,quantitative information from which we can learn a lot. It will be interesting to find out, when you next speak to Frank Mulholland, when that information will be release in the public domain.

The Convener: Again, that is a pre-emptive strike. It is going through my head that we will, when we are writing to the Lord Advocate for the guidelines, ask when that information is to be published.

Professor Devine: It is supposed to be published in the autumn.

The Convener: Is it to be published, or is it an internal matter?

Professor Devine: I think that there will be something of a controversial response if it is not published.

The Convener: We will ask if and when it will be published.

Professor Devine: It is not only to be published, but to be analysed.

Coverage of the entire session of evidence at the Scottish Parliament can be viewed in four parts, here : PART 1 PART 2 PART 3 PART 4

Is Scotland’s criminal justice system ‘too Victorian’, ‘too easily manipulated’ for corroboration to be axed in Carloway Review recommendations ?

2011-11-18T13:15:00.003Z

High Court judge Lord Carloway was asked to review Scotland’s criminal justice system. THE CARLOWAY REVIEW of Scotland’s criminal justice system by High Court judge Lord Carloway, commissioned by Justice Secretary Kenny MacAskill in 2010 has now been published, recommending key changes to the Scots legal system such as limiting the period of arrest before charge to twelve hours, the right to legal advice when taken into custody (coming on the heels of the HMA v Cadder ruling at the Supreme Court in London), and more controversially, the loss of corroboration, a major cornerstone of how criminal cases in Scotland are prosecuted where two witnesses or two or more separate sources of evidence are required to substantiate the essential elements of the charge before anyone can be convicted on that charge.

While the Scottish Government and Crown Office are keen to lose corroboration, apparently solely on the basis it will allow more prosecutions of cases the Crown currently claim do not proceed to court (rather than perhaps indicating the COPFS are not really up to their job of prosecuting cases honestly and leaving some room for criticism of Police tactics in certain investigations), others including senior legal figures claim, with some degree of certainty, that some of the changes proposed, including the loss of corroboration will increase injustice in Scotland, rather than bring a fairer justice system as the Scottish Government are claiming.

Key recommendations include:

The right to legal advice when taken into custody

Limit the period of arrest before charge to 12 hours

Particular protection and rights for children and vulnerable adults

Greater powers for police to conduct structured investigations

Less restrictive rules around evidence and a removal of the need for corroboration

Adjustments to the relationship between the Scottish Criminal Cases Review Commission (SCCRC) and the High Court

The full Carloway Review can be read online here: Carloway Review Report & Recommendations 2011 along with the Executive Summary and Lord Carloway's statement or can also be downloaded as pdfs from the Scottish Government website here : CARLOWAY REVIEW DOWNLOADS (Scottish Gov links are not always available as they like to vary or delete the links to stop people finding this kind of stuff – Ed)

Creating a Fair Justice System for the 21st Century

A package of proposals to overhaul Scots criminal law is being unveiled today following a year-long independent review by the High Court Judge, Lord Carloway. The Carloway Review was commissioned last year by Justice Secretary Kenny MacAskill. Lord Carloway's Report follows an extensive research and consultation process, supported by a full time team and assisted by a Reference Group of practitioners and experts in the field of criminal law. The outcome is a thorough and meticulous Report which sets out a powerful case for radical and substantial changes to the system, and details 76 recommendations to put these into practice.

In his statement launching the report, Lord Carloway says: "The task facing the Review was to identify how criminal law and practice in Scotland, from the moment a suspect is identified right through to the consideration of any appeal and beyond, should be re-cast to meet the challenges and expectations of modern society and legal thinking.

"The Report recognizes that it is not starting from a blank sheet of paper. It cannot effect total reconstruction, riding roughshod over sound existing traditions. The recommendations therefore seek to mould new elements and new thinking with existing practices in order to create a more robust, revitalised and modern system. In particular, they seek to re-structure and reinforce the system's foundations by instilling a human rights approach in larger measure and at greater depth. The aim is a system that not only surpasses minimum requirements today, but also stands up to developments for the foreseeable future."

Under the changes recommended by Lord Carloway, the revised criminal justice system will start from a simplified, unitary system of arrest, on reasonable grounds for suspicion, and detention. An arrest will trigger a set of rights for the suspect securing access to a lawyer, with particular protections for child suspects and vulnerable adults, to ensure that any proceedings against the suspect constitute a fair trial. It will also entail a system in which a suspect being charged should be brought before the court within 36 hours of arrest. Alongside this the police will have greater powers to conduct a structured investigation, with the ability to liberate a suspect on condition they return for later questioning, with other unnecessary constraints on questioning removed, subject to the supervision of the courts. This will give the police time to pursue further investigations other evidence such as phone records or DNA evidence.

Similarly, there will be a less rule-bound approach to the evidence gathered. Judges and juries should assess the quality and relevancy of evidence, free of the current restrictive rules and principles, such as the general requirement for corroboration, that belong to an earlier age and, as research has indicated, may now operate as an impediment to justice. And if a judicial decision at first instance is to be challenged, there will be a single, streamlined and well-regulated appeal process to follow, rather than the various and archaic procedures currently in place. The Scottish Criminal Cases Review Commission will be reinforced as the final safeguard against miscarriages of justice.

Lord Carloway has acknowledged the potential impact the Report may have, saying "I do not underestimate the size of the steps I am recommending. However, I hope and trust that this Report will make a significant contribution to the development of a modern, fair, effective and distinctly Scottish criminal justice system for the future."

Justice & Scots expectations to the right of a fair trial is not like picking up a 2 for 1 at the local brewery : Justice Secretary Kenny MacAskill. Welcoming the Carloway review on behalf of the Scottish Government and prior to taking a hatchet to the rights of Scots to expect a fair trial in Scotland’s at best, inconsistent criminal courts, Mr MacAskill said: "I am grateful to Lord Carloway for this weighty and authoritative review which takes a long-term view on our criminal justice system and how it can be reformed and improved for Scottish citizens. Following the UK Supreme Court's ruling on the Cadder case last year, we immediately passed emergency legislation to protect the victims of crime and make sure our police could continue to investigate crime effectively. In addition to the emergency legislation, the Lord Advocate also acted early to protect live cases ahead of the Cadder ruling.”

Mr MacAskill continued, at length (sadly) : "We continue to work closely with our criminal justice partners to ensure that Scotland has a modern robust justice system fit for the 21st century. I am grateful for the committed engagement of police, prosecutors and defence agents in implementing the necessary changes to date. The Carloway Review builds upon the actions we took last October and will frame longer term reform. The recommendations are far reaching and, while respectful to traditional systems that have served us well over centuries, seek to reshape and respond to present-day obligations and expectations.”

"The Carloway Review is very welcome; it gives us considered advice on how we ensure our justice system continues to cope with unprecedented pressures and offers long lasting solutions to some of the challenges we face. I look forward to considering these significant recommendations in detail as a basis of making further and wide reaching improvements to Scotland's distinct justice system."

The Law Society of Scotland raised serious concerns regarding the recommendation to dump corroboration in their own statement issued to the media :

Removal of corroboration raises grave concerns, warns Law Society

The Law Society of Scotland today welcomed the publication of the Carloway Review (17 November 2011), but raised serious concerns over the proposal to remove the requirement for corroboration in Scots law.

Law Society of Scotland President Cameron Ritchie. Cameron Ritchie, President of the Society and member of the working group that considered the Review said "We congratulate Lord Carloway on his detailed and authoritative report that provides a vast range of recommendations, the details of which will need to be worked out. However, we have grave concerns in respect of the proposal to abolish the requirement for corroboration. Before taking the radical step of abolishing what has been an integral part of Scots criminal law since time immemorial, there would have to be an overwhelming case for that change presented and in our opinion the review in itself does not achieve that. We believe there is a case for a wider and broader based review of the law of evidence and criminal procedure.”

Ritchie continued: "We are however pleased to see that the report recommends the introduction of police bail and the reduction of the maximum detention period without charge to 12 hours. The introduction of greater support for vulnerable suspects is also good to see and we are very supportive of a 'letter of rights' being introduced, and look forward to working with the relevant parties to work out the detail of that."

The Review started in November 2010 as a part of the Government's response to the Cadder decision on the right of suspects to receive advice from a lawyer before police questioning. Lord Carloway's consultation ran 8 April - 3 June 2011.

The £1/2 Million Breach of the Peace charge, 13 hearings, 15,000 travel miles, Cross Border Police seizures, surveillance & a former Lord Advocate

2011-11-16T20:48:00.003Z

A breach of the Peace charge against anti-abuse campaigner Robert Green is to cost taxpayers upwards of £1/2 million pounds. A BREACH OF THE PEACE CHARGE which has resulted in THIRTEEN HEARINGS at Stonehaven Sheriff Court, 15,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons, has so far resulted in the anti-abuse campaigner Robert Green who represents Hollie Greig, (a downs syndrome victim alleged to have been abused by a paedophile ring based in Aberdeen), being told he is to face yet more hearings next week to determine the status of a Procurator Fiscal parachuted in to the court by the Crown Office directly to deal with the now TWENTY TWO MONTH long prosecution of Mr Green for a single breach of the peace, now thought to have cost the taxpayer upwards of HALF A MILLION POUNDS.

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

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.

Law firm with share of £20M Scots Govt contracts, office recently opened by Alex Salmond in Qatar, claims HMRC ‘being over zealous’ in gathering tax

2011-11-15T11:41:00.002Z

Late Payers ? Law Firm McGrigors specialising in tax law & ‘late payment’ recently established new offices in Qatar, opened by First Minister Alex Salmond. MCGRIGORS, a Scottish Law Firm who recently won a little advertised share of £20 MILLION POUNDS worth of taxpayer funded Scottish Government contracts for DEBT RECOVERY & PROPERTY and who recently opened an office in the Gulf State of Qatar which was ‘officially opened’ by First Minister Alex Salmond on one of his ‘trips’ to ‘promote’ Scottish business, has claimed the UK’s Tax authorities, HM Revenue & Customs (HMRC) use of ‘distraint’ against businesses who dodge or fail to pay their taxes on time may be “over-zealous”.

Stuart McNeill, partner in the litigation and dispute resolution team at McGrigors, which is described by business insiders as a “specialist late-payment and tax law firm”said in a Press Release, attacking the use of seizure powers : “HMRC is under huge pressure to collect unpaid tax, but at the same time it is facing cuts in its staffing levels. It is almost inevitable that this is resulting in a more aggressive approach and short cuts, but as well as having drastic implications for late-paying businesses and their other creditors, it may also actually be counter-productive.”

Mr McNeill went on: “By barging in and selling the assets of a late paying company without making a proper commercial assessment of the firm’s medium term viability, HMRC risks sacrificing full payment in a few months’ time for far less cash up front.”

However, in these testing financial times for Scotland & the UK, where some now believe and campaign for the rich & their companies to pay their own fare share of taxes rather than indulge in tax dodging exercises & late payments, a spokesperson for HMRC countered : “We remain committed to doing everything we can to support viable businesses through short-term cash flow difficulties. However, there is little HMRC can do for a business whose viability is dependent on not paying the UK taxes to which they are liable, or on special treatment not available to other customers.”

While McGrigors are eager to advertise their tax specialist skills, their share of the £20 million Scottish Government contracts funded by taxpayers, the majority of whom cannot afford their services, has seen little publicity, although an investigation by independent law journalist Peter Cherbi revealed the law firm was among a host of others who were involved in hospitality offered & quickly taken up by Scottish Government officials. The report on this investigation was published on the Scots Law blog Diary of Injustice, HERE

Perhaps HMRC should now be taking a look at law firms, their partners & activities, including particularly some of those members of the Scottish legal profession and even some members of the judiciary who deal in or frequently fly off to offshore tax havens such as the Cayman Islands. (We know who you are even though you think no one is watching you … – Ed)

Position Untenable ? Calls for resignation of Justice Committee boss Christine Grahame after allegations of sectarian anti-catholic jibes at Holyrood

2011-11-12T12:00:00.001Z

Committee Convener Christine Grahame accused of sectarian remarks against political rivals. CHRISTINE GRAHAME, the now two time Convener of the Scottish Parliament’s sole Justice Committee has been accused of SECTARIAN JIBES against political colleagues at Holyrood by a former employee Mark Hirst, who is taking Ms Grahame to an industrial tribunal after he was sacked. The accusations, which identify alleged comments made by Ms Graham against now former LibDem msp Mike Rumbles, can be read on Mr Hirst’s online blog HOLYROOD CONFESSIONS and raise serious concerns of Ms Grahame’s conduct after the Justice Committee’s SNP members forced through the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill after messy debates in the Scottish Parliament which features in earlier coverage HERE

In an article titled “SCOTLANDS SHAME” posted on Wednesday of this week, the blog accuses Christine Grahame of making the remarks during discussions on Margo MacDonald’s End of Life Choices Bill, which Ms Grahame was said to have initially opposed, then changed her mind & supported after the Catholic Church came out strongly against the proposed legislation. As msps including Mr Rumbles on Holyrood’s Health Committee which Grahame chaired at the time raised questions of her position as its Convener & supporter of the proposals, Mr Hirst’s blog, now widely quoted online alleges Grahame’s anger spilled over in the office and into a long diatribe aimed at Rumbles, where she is alleged to have said in reference to Mr Rumbles : “It’s because he’s a f*cking Catholic”.

Mr Hirst also alleges other msps who also happen to be Catholics are reported to have faced more name calling from Grahame, including Tricia Marwick, who defeated Christine Grahame in the contest to be the new Presiding Officer of the Scottish Parliament.

In the wake of the allegations, msps at Holyrood have called on Christine Grahame to resign from the Justice Committee. Online blog Fans against Criminalisation reported msp Michael MacMahon’s comments : "As Convenor of the Justice Committee Christine Grahame has a responsibility to ensure that the Scottish Government is doing all it can to protect people from sectarianism and racism and any questions raised about her position on this matter must be cleared up as soon as possible. Given the nature of these allegations and the concerns that such an allegation raise I would urge Christine Grahame to consider her position on the Justice Committee until such times as any investigation into this matter has been completed.”

Mr MacMahon continued : “Questions already exist about Ms Grahame's neutrality while considering the so called Bigot Bill as she appears to believe that more Catholics need to be arrested to even things up in society. She clearly cannot be viewed as an impartial participant in the process of scrutinising this controversial legislation and while these allegations remain under investigation she should not be steering the Committee's interrogation of the Government's unpopular proposal"

With the alleged sectarian remarks made by Grahame being viewed as a hindrance to the passage of the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, the Scottish Government have wheeled out occasional absentee Justice Secretary Kenny MacAskill to offer support in an attempt to shore up Grahame’s position as Convener of the Justice Committee in the wake of Mr Hirst’s growing list of allegations against his former boss.

Justice Secretary Kenny MacAskill offered support for embattled Grahame. Speaking at a press conference for the Scottish Government's Cashback for Communities Scheme, Mr MacAskill, who has himself fell foul of the law at a football match after he was held in custody on suspicion of being drunk & disorderly at an England v Scotland football match, was asked if Ms Grahame has his backing and support from the SNP. MacAskill said: "Absolutely. I think she's rebutted these matters firmly. I think there's no evidence to suggest otherwise, and until such time as any concrete information is put forward I think we should view these (allegations) with the contempt they deserve." Mr MacAskill went onto say he didnt believe the allegations will have any effect on the SNP’s widely criticised anti-sectarian laws, which some say are dreamed up by party insiders & the Police to bring about Police powers to arrest people for just about anything including singing the National Anthem and making the sign of the cross.

This is the second time in recent times that a Justice Committee Convener has faced calls to resign, where only last year, the Scottish Conservative now former msp, Bill Aitken was forced to quit the Convener’s position after he branded a rape victim a prostitute and then lied about his remarks, attempting to blame a newspaper and a journalist for making it up.

Christine Grahame herself has a history of ‘controversy, where in her earlier stint as Convener of the Justice 1 Committee of the Scottish Parliament, she agreed with the then Committee’s decision to ban members of the public speaking in front of msps about their experiences with lawyers while the Committee hosted regular friendly visits from the Law Society of Scotland. Ms Grahame’s Justice Committee report unsurprisingly found in favour of the Law Society of Scotland and that self regulation of lawyers, where lawyers are allowed to regulate themselves be maintained. Ms Grahame is reported to have ‘made remarks’ against individuals & law reform campaigners during the lengthy episode where vested interests were prioritised over consumers.

In a more bizarre incident, Ms Grahame also claimed at one point the Security Services were bugging her telephones however no evidence was offered up to substantiate the claims, branded as fanciful by others.

Coverage of the scandal involving the sectarian remarks alleged to have been made by Christine Grahame follows :

Grahame urged to stand down during ‘sectarian’ investigation

Lucy Adams Chief Reporter 11 Nov 2011

POLITICIANS have called for the head of Holyrood’s Justice Committee to stand down until allegations that she made sectarian comments have been fully investigated.

It emerged yesterday Christine Grahame, SNP MSP and convenor of the committee, has been accused by a former employee of making sectarian remarks about colleagues, including members of her own party. The Justice Committee is currently overseeing the anti-sectarian legislation, the Offensive Behaviour at Football and Threatening Communication Bill, that is going through Parliament.

The allegations have been published online by Mark Hirst, her former senior political adviser, who was sacked in September for gross misconduct and is taking Ms Grahame to an employment tribunal claiming unfair dismissal. The complaint has been sent to the presiding officer. Ms Grahame yesterday described the claims as “ridiculous”.

Labour MSP Michael McMahon said: “Christine Grahame has a responsibility to ensure the Scottish Government is doing all it can to protect people from sectarianism and racism and any questions raised about her position on this matter must be cleared up as soon as possible. “I would urge Ms Grahame to consider her position on the Justice Committee until such times as any investigation into this matter has been completed. Questions already exist about her neutrality while considering the so-called Bigot Bill, as she appears to believe more Catholics need to be arrested to even things up.”

The Herald revealed in September the Electoral Commission was investigating allegations made by Mr Hirst about Ms Grahame. This is ongoing. Lothian and Borders Police probed allegations made by Mr Hirst in September but said they would take no further action.

A spokeswoman for Ms Grahame said: “Mr Hirst’s comments have absolutely no credibility and Ms Grahame will not respond to such ridiculous claims. “Mr Hirst himself admits he is a disgruntled former employee who has been dismissed for gross misconduct and his previous allegations against Ms Grahame have been rejected by the police and dismissed by the Standards Commissioner. “His comments have absolutely no credibility.”

Grahame backed in sectarian remarks furore

Lucy Adams Chief Reporter 12 Nov 2011

A SENIOR Scottish Government minister has backed Justice Committee convener Christine Grahame amid allegations that she made sectarian remarks. The Electoral Commission is investigating the allegations made by Mark Hirst, a former senior political advisor in her office. She faced calls by Labour MSP Michael McMahon to “consider her position on the Justice Committee until such times as any investigation into this matter has been completed”.

However, Justice Secretary Kenny MacAskill said Ms Grahame has “rebutted these matters firmly” and the allegations should be viewed “with the contempt they deserve”.Mr MacAskill also said he will stand by the conviction of the only man found guilty of the Lockerbie bombing “until such time as that matter were to be reviewed”.

Speaking at a press conference for the Scottish Government’s Cashback for Communities Scheme, Mr MacAskill said he does not believe the allegations against Ms Grahame will have any effect on the Offensive Behaviour at Football and Threatening Communications Bill, which is under scrutiny by the Justice Committee. He said: “I’ve known Christine Grahame for many years and I’ve never known her to have, frankly, any real interest in religion, and certainly to have no sectarian views at all.”

Ms Grahame is also a member of the Justice for Megrahi campaign. Earlier this week, she spearheaded calls to continue a petition by the group calling for an independent inquiry into the conviction of Abdelbaset al Megrahi for his role in the Lockerbie bombing. All five SNP MSPs on the committee, including Ms Grahame, voted to continue the petition alongside Liberal Democrat Alison McInnes. Labour’s James Kelly and Graeme Pearson and Conservative John Lamont were outvoted in an attempt to strike it down.

When asked if he believes Megrahi’s conviction is sound, Mr MacAskill said: “Well, it stands by the Scottish court. I have the highest regard for the court service in Scotland. He was lawfully convicted and until such time as that matter were to be reviewed I stand by that, as I stand by every other conviction in the Scottish court.”