Revealed: The ex Lord Advocate appointed to review deaths in Police custody, and the £56K public cash link to the suspended Sheriff advising cops involved in Sheku Bayoh custody death

Custody deaths review role for ex Lord Advocate linked to lawyer advising Police in Sheku Bayoh custody death. A FORMER Lord Advocate with links to a suspended judge who is now representing Scottish Police Officers in a controversial custody death case - has been appointed by the Home Secretary to chair a UK wide review into deaths & accidents in Police custody.

Last week, Home Secretary Theresa May announced Dame Elish Angiolini DBE QC will chair the independent review into deaths and serious incidents in police custody.

However, it can be revealed Dame Elish Angiolini DBE QC (55) (nee McPhilomy) used the services of the very same suspended Sheriff - Peter Watson - who is now representing and advising  Police Officers involved in the death in Police custidy of Sheku Bayoh.

According to documents in the possession of Audit Scotland – who are investigating claims about public cash spent by the Crown Office – Elish Angiolini billed taxpayers for upwards of £56,000 for personal legal services provided by Peter Watson and his former law firm – Glasgow based Levy & McRae.

The final amount of public cash paid to Watson & Levy & McRae for their services to Angiolini may be higher - as the Crown Office are resisting calls to disclose documents and final figures.

Levy & McRae – where Watson was based until late last year - are also known to have represented Police Officers who were charged and prosecuted for a number of serious criminal offences including rape, assault & fraud.

Watson (61) served as a Sheriff until he was suspended earlier this year by Scotland’s top judge, Lord Brian Gill.

The suspension came after Sheriff Watson was named in a multi million pound writ seeking £90m in damages for the collapse of hedge fund Heather Capital.

Levy & McRae are also named in the writ, which alleges the firm was involved in multiple fraudulent cash transfers to offshore jurisdictions.

In August of this year, the Court of Session heard how Watson received a £200K payment from an Gibraltar based law firm – Hassans.

Suspended from his judicial duties, Watson is now giving legal advice to and issuing media comment on behalf of Police Officers involved in the controversial death in custody of Sheku Bayoh.

Last week, a Press Release was issued by Media House International on behalf of suspended Sheriff Peter Watson -  in his role of representing Police Officers involved in the Sheku Bayoh case.

Watson, along with former Justice Secretary Kenny MacAskill – attacked public interest media coverage of the death of Sheku Bayoh while in Police custody.

The 31-year-old trainee gas engineer, who left Africa and settled in Kirkcaldy, died in May of suspected asphyxia while in police custody after he was restrained by up to nine officers .

A post-mortem examination revealed he had cuts and bruises all over his body, including more than 20 facial injuries and tiny blood spots in his eyes.

Sheku’s death is being investigated by PIRC - Scotland's Police Investigations and Review Commissioner - but former justice secretary Kenny MacAskill appeared to prejudice the investigation in comments he made last week. MacAskill said he did not expect police officers to face charges .

And, right after MacAskill made his remarks - as if following a script - current Lord Advocate Frank Mulholland intervened, appealing for calm following a row between Kenny MacAskill and Aamer Anwar, the lawyer representing Mr Bayoh's family.

Yesterday, Justice Secretary Michael Matheson said on BBC Politics Scotland it is not helpful if people give a "running commentary" on the death in police custody of Sheku Bayoh.

It has since emerged Police Scotland tried to have the body of Sheku Bayoh returned to his country of birth - Sierra Leone - two days after Mr Bayoh died in Police custody.

Police Officers in Scotland contacted the High Commission (Embassy)of Sierra Leone to discuss repatriating his body but officials at in London were alarmed and contacted the father-of-two’s family – who were unaware of Police Scotland’s attempt to remove the body from the UK.

Press Release from suspended sheriff Peter Watson claimed “open season of hunting Police Scotland”:

Last week, a Press Release was issued by Media House International on behalf of suspended Sheriff Peter Watson -  in his role of representing Police Officers involved in the Sheku Bayoh case.

Watson, along with former Justice Secretary Kenny MacAskill – attacked public interest media coverage of the death of Sheku Bayoh while in Police custody.

The Press Release, featured in some Scottish newspapers earlier this week read: SHEKU BAYOH – THE 10 VITAL QUESTIONS (Issued on behalf of Prof. Peter Watson BA LLB SSC of PBW Law)

Glasgow, October 19, 2015: Kenny MacAskill, the former Justice Secretary, has made a timely and important intervention in openly criticising the media campaign waged against Police Scotland, the PIRC and the officers involved in the Sheku Bayoh case.

He points to an “open season of hunting Police Scotland” rather than allowing due process to follow and for the investigation to be completed. He highlights the importance of protecting the integrity of whatever judicial process will follow, most likely a Fatal Accident Inquiry. He also points to a litany of assumptions of racism and homicide, and the misrepresentation of statistics of deaths in custody in England.  The statistics surrounding deaths in custody in England have little to do with what happens in Scotland, where most deaths in custody relate to drink or drugs.

Mr MacAskill rightly points to the poisonous atmosphere which has been created and  recognises that those who are the subjects of these wild accusations and criticisms cannot comment as they are involved in this process, and can do no more than co-operate in that process.

Prof. Peter Watson said: “As the lawyer representing the Police Officers involved, I welcome these comments from the former Justice Secretary and I agree the sooner we get to whatever Judicial Proceedings are to follow the better. This will most likely be a Fatal Accident Inquiry. This will establish the facts and do so on evidence tested in Court. In broad terms, the Inquiry will set out to explain what happened on  May 3 which led to Sheku Bayoh, known locally as Chris and by some as “socks”  to be on the streets of Kirkcaldy in the early morning, being confronted by the Police and sadly dying.

“I will not engage in speculation as to the outcome nor make wild allegations. The information which has come into the public domain suggests there was a fight in a house, and that Sheku Bayoh had taken drugs.  This information will shape some of the questions which must be answered. The family say there is no justice without truth. There are, I suggest, ten questions that will lead us to the truth:

Along with 10 questions, alleging a number of ‘what ifs’, Prof. Watson added: “These questions will be asked. Answers to these questions will help get to the truth, as will the post mortem and toxicology reports.  The family have their own reports. Although information has been drip fed to the media with details of bodily injury, the family have so far refused to release their reports, whilst at the same time demanding that the PIRC or the Crown release evidence, which as the investigating agencies, they clearly cannot do. There is no reason why the family cannot release the reports they hold if they want the public to have a full and balanced understanding of their position.

“I doubt whether these questions will be answered until evidence is given in Court by all those involved but my hope is that until then, the PIRC and the Crown are allowed to complete their investigation in an atmosphere free of orchestrated media events and unsubstantiated allegations.”

The press release issued on behalf of Peter Watson came after a number of media reports revealed a number of allegations including racism & violence against Police Officers involved in the Bayoh case.

Concerns have also been expressed by many including the family of Mr Bayoh on the progress of an ‘independent’ investigation by PIRC - Scotland's Police Investigations and Review Commissioner into the circumstances surrounding the death of Mr Bayoh while he was in Police custody.

Ex Lord Advocate linked to lawyer defending custody death cops - to chair deaths in Police custody inquiry:

The Home Office website reveals the terms of reference for the Home Office inquiry chaired by Elish Angiolini on deaths in Police custody:

• to examine the procedures and processes surrounding deaths and serious incidents in police custody, including the lead up to such incidents, the immediate aftermath, through to the conclusion of official investigations. It should consider the extent to which ethnicity is a factor in such incidents. The review should include a particular focus on family involvement and their support experience at all stages.

• to examine and identify the reasons and obstacles as to why the current investigation system has fallen short of many families’ needs and expectations, with particular reference to the importance of accountability of those involved and sustained learning following such incidents.

• to identify areas for improvement and develop recommendations seeking to ensure appropriate, humane institutional treatment when such incidents, particularly deaths in or following detention in police custody, occur. Recommendations should consider the safety and welfare of all those in the police custody environment, including detainees and police officers and staff. The aim should be to enhance the safety of the police custody setting for all.

It has also been confirmed that there will be a formal role for INQUEST, a charity that offers advice to families bereaved by death in police custody. Deborah Coles, Director at INQUEST, has been appointed as a special adviser to the chair and the charity will:

• facilitate family listening days so that the Chair can hear evidence first-hand from those who have lost loved ones in police custody to ensure their views are taken into account.

• play a leading role on an advisory board which will offer expert advice to the Chair during the course of the review.

Home Secretary Theresa May said: I am pleased that Dame Elish Angiolini has agreed to chair the independent review into deaths and serious incidents in police custody. When I announced this review, I said that the Chairman would be someone with the ability to work closely with victims, families and the police alike, and with a proven track record of being willing to ask difficult questions. Dame Elish has all of these qualities.

Thankfully, deaths and serious incidents in custody are rare. And no one – least of all police officers – wants such incidents to happen, and I know everyone involved takes steps to avoid them. But when such incidents do occur, they are a tragedy that has the potential to undermine the relationship between the public and the police. As Home Secretary, I have been struck by the pain and suffering of families still looking for answers.That is why I set up this independent review and I’m grateful to Dame Elish and Deborah Coles, as special advisor to the chair, for agreeing to take on this important work.

Failing to mention any previous link to suspended Sheriff Watson, Dame Elish Angiolini DBE QC said: “This is a matter of critical importance to many families and I hope that this review can identify pragmatic and effective responses to this longstanding issue.”

The Home Office has not commented on the links between Angiolini & the suspended Sheriff Peter Watson.

DEADLY DEAL : Secret negotiations involving Lord Advocate on £300 Million tax dodge case led to ‘questionable’ death of QC Paul McBride in Pakistan

A client too far : Secret deals over tax fraud case led to death of Paul McBride. SECRET NEGOTIATIONS between the highest ranking staff at Scotland’s Crown Office including the Lord Advocate, various Police forces, & Her Majesty’s Revenue & Customs (HMRC) in attempts to bring back to Scotland Imran “Immy” Hussain, 34 originally from Glasgow, who has been on the run from UK tax authorities for SIX YEARS after being accused of a THREE HUNDRED MILLION POUND TAX FRAUD, led to the untimely, and now increasingly questionable circumstances surrounding the death in a Pakistan hotel room of one of Scotland’s most celebrated lawyers, the late Paul McBride QC, who travelled to Pakistan with solicitor Aamer Anwar to meet Mr Hussain.

The Sunday Mail newspaper reported earlier this week “McBride told a friend that he was going to Lahore to meet a wealthy client wanted for a major fraud in the UK. Legal sources and friends of the lawyer, who was found dead in his room at the Pearl Continental Hotel, believe he met Hussain. McBride travelled to Pakistan with solicitor Aamer Anwar, 44, who said the lawyers attended a wedding during their stay.”

The late Mr McBride was to have represented Imran Hussain in any prosecution to take place in Scotland, however it has transpired the negotiations between McBride, who apparently “had authority from the Crown Office to deal on the case” did not play well into Mr Hussain’s wishes, who instead prefers to pay large fines rather than be sentenced to a lengthy stay in jail.

A legal insider who claims to know of the discussions said he believed parties within the negotiations had “got lippy over what was on offer and things did not go well from then on in”. Mr McBride was later found dead in his hotel room, the cause of which has not been accepted (at least in private) by some of his colleagues and legal observers.

A source has since come forward claiming he has copies of emails identifying a political dimension to the story, alleging an msp from [a party] was involved in some aspects of the negotiations. The source also suggested donations may have been made to the msp’s party, “depending on a result in the case had things gone better”. It has also been alleged the Scottish Government’s Justice Department “at it’s highest level” knew of the discussions between the late Mr McBride and the accused tax fraudster.

However, the Crown Office record on complicated fraud charges is poor, so poor one senior advocate has told Scottish Law Reporter he is “prepared to place a bet the Crown Office would rather make an offer in return for a guilty plea”. The advocate went onto claim he had heard papers relating to the Crown Office discussions with McBride had been destroyed after Mr McBride’s death, for fear of the material leaking to the media.

Was this case and the secret negotiations worth the life of Paul McBride QC ? Scottish Law Reporter thinks not.

The Sunday Mail reports :

DEAL ME IM : £300m tax dodge fugitive launches bid to return to Scotland

Apr 8 2012 Exclusive by Derek Alexander

SCOTLAND'S wealthiest fraud suspect is trying to strike a deal to return from Pakistan but keep his cash, we can reveal. Imran “Immy” Hussain, 34, has been on the run from HMRC investigators for six years over a VAT scam in which he allegedly stole £300million from UK taxpayers. It is understood that top QC Paul McBride, 47, met fugitive Hussain during the trip to Pakistan where he died last month.

Former sunbed shop boss Hussain has been in Pakistan since being forced out of the millionaires’ playground of Dubai. But associates have revealed that playboy Hussain is desperate to return to his home city of Glasgow to see his friends and family.

One source said: “He has everything he could wish for in Pakistan but it’s not home. “He has effectively been on the run since the end of 2006 and it’s time to come back but he will only do so if he can get the right deal. “He wants to come home – but not to spend 20 years in a cell. “His preferred outcome would be to hand over a large amount of his money and do a light sentence – that way, the authorities could say justice has been done and point to the cash seizure as a success.”

McBride told a friend that he was going to Lahore to meet a wealthy client wanted for a major fraud in the UK. Legal sources and friends of the lawyer, who was found dead in his room at the Pearl Continental Hotel, believe he met Hussain. McBride travelled to Pakistan with solicitor Aamer Anwar, 44, who said the lawyers attended a wedding during their stay.

Hussain had been living the high-life in Dubai, where he owned two luxury houses, a fleet of cars and a yacht. He also travelled to Europe by private jet. He spent fortunes on wild parties and thought nothing of buying Rolex watches for his pals. But he was forced to leave the desert kingdom when HMRC investigators were sent to track him down.

Hussain, from Newton Mearns, Glasgow, had already been in contact with HMRC about a possible deal. Sources have described communication between Hussain and HMRC as “very sensitive”. One legal source said: “Paul was in Pakistan in his professional capacity as an advocate. “He was there to meet a Scottish Asian who is wanted for VAT fraud and wants to come back to Scotland. “His contacts at the Crown Office were at the highest level and he operated and negotiated at such a level.”

Another associate of Hussain said: “Things got a lot more difficult for him when he had to leave Dubai. He realised that HMRC weren’t going to give up on him and he has now been in Pakistan for the last couple of years.”

Hussain is suspected of heading a Europe-wide operation who set up hundreds of bogus firms linked to VAT fraud, also known as carousel fraud. Gangs claim back VAT on goods they say were imported and then exported. But the goods – usually small but high-value items such as computer chips and mobile phones – never existed.

Huge bill for the carousel fraud gangs

Britain’s carousel fraudsters cost taxpayers £3.5billion a year at the height of their operations. That was how much the gangs – most of them based in Glasgow – stole in the import-export scam. The crooks claimed to bring in high-value small goods such as mobile phones or computer chips VAT-free from the EU. A VAT-registered firm would then “sell” the items in the UK to a criminal associate and add 20 per cent VAT. The items are then re-exported and re-imported, with the conmen able to continually claim multiple VAT rebates on goods that don’t exist.

Britain suffered its worst year at the hands of the fraudsters in 2006, losing £3.5billion. David Odd, of HMRC, last year said the figure had been reduced to between £500million and £1billion annually. This was largely due to an extended verification programme which postponed VAT repayment claims. Several hundred officers were also deployed to investigate traders who dealt in mobiles and computer chips and had a huge turnover in a short time.