LAW CHIEF’S SON IN VIOLENCE RAP: Scotland’s Solicitor General’s son is convicted of domestic violence attack on female partner

Top prosecutor’s son convicted of domestic violence. THE SON of Scotland’s Solicitor General has been convicted of attacking his girlfriend, while his mother is supposed to be in charge of efforts to tackle domestic abuse.

Andrew Thomson (27) who was previously convicted of drink driving and banned from driving for 18 months – admitted assaulting his partner at a property in Glasgow in January.

His mother –  Lesley Thomson QC - once thought to be in the running to replace Frank Mulholland as Lord Advocate – backed the now failed MacAskill proposal to abolish CORROBORATION – a long held safeguard against miscarriage of justice in Scots law where evidence in a criminal trial is required from two separate sources for a conviction

Thomson and others including the Lord Advocate Frank Mulholland, Police Scotland and interest parties campaigned vigorously for the removal of corroboration.

Speaking at a Crown Office and Procurator Fiscal Services annual Sexual Offences Conference at Hampden in Glasgow Thomson said: "Many of those opposed to the abolition of the requirement of corroboration advance arguments that it will lead to a greater risk of and greater numbers of miscarriages of justice. However, it is clear that it is the present system which creates many victims of miscarriages of justice."

However it came to be known the Crown Office were enthusiastic about the removal of the right from law – because it interfered with dodgy evidence presented by prosecutors in court which did not stand up to scrutiny or cross examination. Prosecutors effectively promoted the removal of corroboration in an effort to assist the Crown Office in obtaining higher rates of convictions.

The proposal to remove the right of corroboration was effectively shelved after Scotland’s top judge warned the Scottish Parliament’s Justice Committee against meddling with legal safeguards which cut across almost any criminal offence in law – ensuring the right to a fair trial.

Report from Scottish Mail on Sunday:

TOP LAW OFFICER’S SON, 27, GUILTY OF ATTACKING GIRLFRIEND

By Fiona McWhirter Mail on Sunday 8 March 2015

THE son of Scotland's Solicitor General has been convicted of attacking his girlfriend - as his mother leads nationwide efforts to tackle domestic abuse.

Andrew Thomson, 27, admitted assaulting his partner at a property in Glasgow in January.

His mother, Lesley Thomson, QC, has attracted widespread acclaim for her efforts to toughen up the law concerning assaults in the home.

As the nation's second most senior prosecutor, she has been pushing for a criminal offence to combat domestic violence against women, calling on Scotland to develop a 'modern approach' to deal with the 'emotional damage caused, as well as the physical harm' to victims.

Her move has received support from First Minister Nicola Sturgeon, police, prosecutors and politicians across the board.

Ms Thomson's son, whose address was given in court papers as being in the West End of Glasgow, had been due to be sentenced at the city's sheriff court on February 27, after admitting pushing his partner and causing her to fall over a table.

Sentence was deferred until August for good behaviour and the sheriff called for a supplementary social work report.

Domestic abuse is at present dealt with through a range of criminal offences, including assault, breach of the peace and crimes against property. But following Ms Thomson's efforts to force it onto the political agenda, greater priority is now given by Police Scotland to domestic abuse.

Domestic abuse and rape task forces operate throughout Scotland. In 2013-14, police referred 36,552 domestic assaults to the Crown Office andProcurator Fiscal Service (COPFS), a significant rise on the number of cases - around 27,000 - recorded in each of the two previous years.

In 2013, COPFS - which defines domestic abuse as 'any form of physical, sexual or mental and emotional abuse which might amount to criminal conductand which takes place within the context of a relationship' - boosted its efforts to tackle the issue with the introduction of a specialist national procurator fiscal for domestic abuse, Anne Marie Hicks.

Ms Thomson revealed she had asked the fiscal to review all areas of COPFS work and training in relation to the issue and stressed: "Cases involvingdomestic abuse are often among the most challenging faced by prosecutors, but that does not deter us from putting the interests of the victims in such cases at the heart of our prosecution policy."

She also raised the prospect of a specific offence when she spoke at a COPFS conference focusing on the subject.

Referring to separate stalking laws passed in 2010, the Solicitor General told delegates last year: "Domestic abuse is, in my view, another area in which specialist legislation has a role to play.

"It has the potential to effect further change in societal attitudes, to instill confidence in victims and, of course, to ensure their abusers are held to account."

She added: "Creating a specific offence of domestic abuse is one way in which we could ensure that our criminal law is, and remains, fit for purpose."

"It would help victims by acknowledging the true impact and consequences of all types of abusive behaviours, including non-violent tactics of control andabuse, and would solidify Scotland's position as a leader in the field of tackling violence against women."

In November, when Miss Sturgeon became First Minister, she unveiled 12 Bills as part of her debut legislative programme, including ramping up action against domestic abuse.

She said the Scottish Government would consult on the introduction of a specific criminal offence to combat the problem.

Last night, a Crown Office spokesman said: "The Solicitor General's position on domestic abuse is well known and has been widely welcomed."

"She is a leading advocate of measures to deal with domestic violence more effectively."

"She has led the approach within Scotland's prosecution service, working closely with the police and those who support victims of domestic abuse to strengthen prosecution in this area."

In 2013, Andrew Thomson was banned from driving for 18 months and fined £1,100 after he drove into a marquee while more than twice the drink-driving limit.

At Oban Sheriff Court, he admitted driving dangerously, without insurance and mounting a grass verge and going into the side of a marquee near Port Ellen on the island of Islay.

'Ensure abusers are held to account''Such cases are often the most challenging'

Son of Scotland’s Solicitor General pleads guilty to drink driving & no insurance, receives 6 penalty points, banned for 18 months

Son of Solicitor General Lesley Thomson convicted, banned on drink driving. ANDREW THOMSON (26), the son of Lesley Thomson, Scotland’s Solicitor General, has been convicted  of criminal offences after pleading guilty to driving while under the influence of more than twice the legal limit of alcohol, when he smashed into the tent at a roadside on Islay. Mr Thomson also had no insurance.

Thomson, whose mother is Lesley Thomson, Lord Advocate Frank Mulholland’s deputy, admitted driving a car dangerously, without insurance and mounting a grass verge into the side of a marquee. He also pleaded guilty to driving with 83 microgrammes of alcohol in his breath - the limit is 35mcg - near Port Ellen on June 7. Thomson, of Glasgow, was on Islay to take part in the Eat Sand rugby tournament with Melrose Rugby Club, but was arrested the night before it began.

The 26-year-old son of Solicitor General Lesley Thomson was fined £1100 and given an 18-month driving ban at Oban Sheriff Court and Sheriff Douglas Small told him: “You were clearly a danger to yourself and others around you.”

Daily Record:

LAW CHIEF’S BOOZE RAP SON IS BANNED

Daily Record Date 25/07/2013

THE son of one of Scotland’s top law officials has been banned from the roads after driving into a marquee at an island rugby bash.

Andrew Thomson was more than twice the legal limit and had no insurance when he smashed into the tent at a roadside on Islay.

The 26-year-old son of Solicitor General Lesley Thomson was fined £1100 and given an 18-month driving ban at Oban Sheriff Court yesterday. The part-time barman, of Govan, Glasgow, had travelled to Islay to take part in a tournament with Melrose Rugby Club in June but was arrested the night before it began.

Thomson admitted the driving offences and Sheriff Douglas Small told him: “You were clearly a danger to yourself and others around you.”

His mother was appointed Solicitor General, the country’s second highest prosecutor’s office, in 2011.

Daily Mail:

Son of Solicitor General banned for drink-driving

Daily Mail Date 25/07/2013

THE son of Scotland’s Solicitor General drove into a marquee while more than double the drink-driving limit.

Andrew Thomson was yesterday banned from driving for 18 months and fined after the incident on the Inner Hebridean island of Islay.

Thomson, whose mother is Lesley Thomson, Lord Advocate Frank Mulholland’s deputy, admitted driving a car dangerously, without insurance and mounting a grass verge into the side of a marquee.

He also pleaded guilty to driving with 83 microgrammes of alcohol in his breath - the limit is 35mcg - near Port Ellen on June 7. Thomson, of Glasgow, was on Islay to take part in the Eat Sand rugby tournament with Melrose Rugby Club, but was arrested the night before it began.

Procurator fiscal John Service told Oban Sheriff Court that Thomson, 26, was spotted driving north from Port Ellen on the A846 in a car which was not his. After going a short distance he turned and headed back to the town.

Mr Service said: ‘He started to lose control of the car, as a result of which it mounted the kerb then the grass verge. The car went towards a marquee which had been erected at the side of the road and the accused drove the car through the side edge of it, collided with a barrel and some tables which were at the side of the marquee.’ The front and rear offside tyres were damaged but Thomson drove the car to the White Hart Hotel in Port Ellen where he abandoned it.

Police arrested him at the hotel. He later told them: ‘I was only in charge of the car for 20 seconds. This was stupidity.’ Defence agent Brian Fitzpatrick said Thomson’s decision to drive was ‘impulsive and spontaneous’ and the car was owned by someone involved with the marquee.

Mr Fitzpatrick added: ‘He has compensated the person whose car it was. The driving was very brief and he has already had some consequence from this piece of stupidity.’ Sheriff Douglas Small said: ‘I can’t ignore the fact that you were over two times the limit. You were clearly a danger to yourself and others around you.’ Thomson, who works part-time in a bar, was fined £1,100.

Before her appointment as Solicitor General for Scotland, Mrs Thomson was the Area Procurator Fiscal for Glasgow and Strathkelvin.

She has 25 years’ experience as a prosecutor, having been a district and an area procurator fiscal in Selkirk, Edinburgh and the Lothians.

Asked about the case last night, a Crown Office spokesman said: ‘Andrew Thomson pled guilty to contraventions of sections 2, 5 and 143 of the Road Traffic Act 1988 today at Oban Sheriff Court.

‘The sheriff imposed a £1,100 fine, an 18-month driving ban with the requirement to re-sit his driving test, and his licence was endorsed with six penalty points.’

The earlier report of the arrest:

Sunday Mail:

Son of Scotland's Solicitor General arrested following car crash at an island rugby tournament

16 Jun 2013 08:36

ANDREW Thomson, 26, whose mother is the Solicitor General Lesley Thomson, faces motoring charges after a car drove into a marquee on Islay.

THE son of Scotland's Solicitor General Lesley Thomson has been arrested following a car crash at a beach rugby tournament.

No one was hurt when the car careered into a marquee on the Hebridean island of Islay.

Andrew Thomson, 26, a former Glasgow University student, was held in police cells overnight but left the island the following day. He is thought to have taken the car before driving off and faces a number of motoring charges.

Thomson, a keen amateur player, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

He had travelled to the event with Melrose Rugby Club where his mother -now No2 at the Crown Office -was a committee member.

John Reed, club president, said last night: I am aware there was an incident and that people from Melrose weren't happy about it."

A Police Scotland spokesman said: "We can confirm a 26-year-old man was arrested in connection with alleged road traffic offences. A report has been submitted to the procurator fiscal.・

Son of Solicitor General Lesley Thomson arrested after car crash at Islay rugby tournament

Arresting development : Solicitor General Lesley Thomson. ANDREW THOMSON (26), the son of Lesley Thomson, Scotland’s Solicitor General, has been arrested in connection with an incident in which a car crashed into a marquee at a rugby tournament on the Hebridean island of Islay. The amateur player who travelled to the event with Melrose Rugby Club from the Scottish Borders, where his mother was a committee member, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

Sunday Mail reports :

Son of Scotland's Solicitor General arrested following car crash at an island rugby tournament

16 Jun 2013 08:36

ANDREW Thomson, 26, whose mother is the Solicitor General Lesley Thomson, faces motoring charges after a car drove into a marquee on Islay.

THE son of Scotland's Solicitor General Lesley Thomson has been arrested following a car crash at a beach rugby tournament.

No one was hurt when the car careered into a marquee on the Hebridean island of Islay.

Andrew Thomson, 26, a former Glasgow University student, was held in police cells overnight but left the island the following day. He is thought to have taken the car before driving off and faces a number of motoring charges.

Thomson, a keen amateur player, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

He had travelled to the event with Melrose Rugby Club where his mother -now No2 at the Crown Office -was a committee member.

John Reed, club president, said last night: I am aware there was an incident and that people from Melrose weren't happy about it."

A Police Scotland spokesman said: "We can confirm a 26-year-old man was arrested in connection with alleged road traffic offences. A report has been submitted to the procurator fiscal.・

Proceeds of Crime seizures & Cashback for Communities £80m ‘success’ wiped out by £1Billion cost of Crown Office & staff ‘bonus culture’ over last decade

Lord Advocate & Crown Office receive £100million annual funding. PROCEEDS OF CRIME legislation created in 2003 by the then Scottish Executive, has, according to claims made by Scotland’s Crown Office & Procurator Fiscal Service (COPFS) in its latest 2012-2013 annual report on the activities of the Civil Recovery Unit, (CRU) netted around £80 million seized from criminals. However, legal observers have questioned the reliability of the figures provided in the report, which in some cases, relies on “questionable accounting”, ‘staged payments’ from crooked companies, and “speculative figures” relating to cases yet to be decided in the courts.

Unsurprisingly, a fact NOT DISCLOSED in the report is that the total asset seizures announced by the Crown Office yesterday, actually amount to much less than even 10% of the total running cost of the Crown Office over the past ten years, put at a staggering ONE BILLION POUNDS over the last decade, a cost which also includes MASSIVE bonus payments totalling HALF A MILLION POUNDS in just two years, to Crown Office staff and prosecutors.

In the past year, the Crown Office claims about £12m was taken from people involved in activities such as drug dealing, human trafficking and benefit fraud with around £8m of the 2012/13 total coming from convicted criminals. The remaining £4m comes from cash and assets seized through civil court orders. The Crown Office claimed the Proceeds of Crime (Scotland) Act 2002 had become a "powerful tool" against crime.

Solicitor General Lesley Thomson Solicitor General Lesley Thomson QC, who announced the figures, said: "By full use of the proceeds of crime legislation, law enforcement can strike at the very heart of criminality in Scotland to ensure that criminal networks big and small are disrupted and dismantled.

"My message is clear - if you try to make a profit from crime, the Crown will use this legislation to the maximum to take that profit from you and ensure it is put it to a much better use in communities across Scotland through the Scottish government's CashBack scheme."

However, the Solicitor General made no reference to the Bonus culture at the Crown Office which has richly rewarded those involved in prosecutions & asset recovery efforts over the years, reported by the media revealing payments totalling £580,000 to Crown Office staff. Media reports also revealed that former Lord Advocate from 2006-2011, Dame Elish Angiolini DBE QC (born McPhilomy) received a taxpayer funded £28,000 ‘golden goodbye’ deal after leaving her job, reported HERE

Since the media report exposing Crown Office bonuses, the practice has been dropped in favour of inflated salaries and generous expenses allowances in an effort to get round further adverse publicity.

Over the last 10 years around £50m has been seized by the Crown Office's Serious and Organised Crime Division (SOCD), which deals with the confiscation of proceeds of crime following a conviction. The remaining £30.5m was secured by the Civil Recovery Unit, headed by Ruaraidh MacNiven, who formerly worked for Lord President Lord Hamilton.The CRU, which has been criticised in court by judges for providing dodgy evidence on previous occasions, can recover proceeds of crime through the civil courts without the need for a criminal conviction.

Commenting further on the figures released in the report, Lindsey Miller, head of the Crown Office's Serious and Organised Crime Division said the £80m that had been seized could otherwise have been reinvested in criminal enterprises.

She said : "We have not become complacent in our success. Crime evolves and we must evolve with it. In the last year alone, we have seen successful confiscation orders against people who have participated in all types of crime, including drug dealing, selling counterfeit goods, embezzlement, human trafficking and benefit fraud. We will continue to use our experience and expertise to maximise disruption to criminal enterprises."

In the past financial year, around £4.3 million was netted from those involved in the so-called "black fish" cases, relating to large-scale undeclared landings of fish in the north of Scotland. Confiscation orders totalling £4,314,290 were made last year against a number of vessel skippers, as well as Shetland Catch Ltd and Fresh Catch Ltd.

James Mangan, 54, Robert Robb, 65, and Craig Hunter, 41, all members of an organised crime network involved in importing Class A drugs, which was unearthed by Strathclyde Police's Operation Trust have also been targeted for asset seizures.

The Civil Recovery Unit (CRU) will eventually recover £5.6m after Aberdeen-based drilling company Abbot Group Ltd accepted it had benefited from corrupt payments made in connection with a 2006 contract entered into by one of its overseas subsidiaries and an overseas oil and gas company. The money is to be paid in three stages to the end of March 2015.

Other examples of asset seizures include the home of gangland figure Kevin "Gerbil" Carroll, who was gunned down in a supermarket car park in 2010, although no reference is made to the fact the Crown Office failed to secure a conviction for the murder of Mr Carroll after a judge ruled the Crown had presented insufficient evidence in the case of an accused suspect.

Justice Secretary Kenny MacAskill Eager as ever to comment on the Crown Office spin, Justice Secretary Kenny MacAskill said: "Prosecutors and police are cracking down on organised crime and criminals have nowhere to hide.More than £12m has been confiscated from criminals last year, hitting them where it hurts - their wallets.

MacAskill continued : "Our communities are benefiting from the hard work of prosecutors and police putting ill-gotten gains to good use through our CashBack for Communities Programme, which invests crooks' cash in facilities and activities for our young people and their communities across the length and breadth of the country."

The Cashback for Communities scheme referred to by the Justice Secretary takes money recovered through proceeds of crime legislation and invests it in activities and facilities for young people at risk of turning to a life of crime. The Scottish Government claim more than £50m has been ploughed back into Scottish communities since Cashback began operating in 2007.

Miscarriage of Justice ‘more frequent’ in Scotland if Crown Office succeed in removal of Scots Law requirement of Corroboration

PROSECUTORS at Scotland’s Crown Office & Procurator Fiscal Service (COPFS) have begun their campaign to lobby Scottish Ministers & the Scottish Parliament to remove one of the checks & balances against miscarriages of justice in Scots law, that of Corroboration, which currently guarantees that the presentation of important evidence presented in a criminal prosecution is required to be supported by two independent sources.

However, critics point to the fact that Scotland’s prosecutors are generally regarded as very poor in court, with the prosecution service as a whole regarded by legal insiders as more disposed to gaining a conviction at any cost (including the use of ‘dodgy’ evidence) rather than serving the interests of justice.

Coincidentally, the reasons talked about by the Solicitor General, Lesley Thomson who is backing the removal of Corroboration in a media release issued by the Crown Office earlier this week relate mostly to domestic abuse & rape, two of the areas the Crown Office consistently fail when cases come to court.

One legal observer commenting on the Crown Office campaign said : “This lobbying campaign by the Crown Office to remove the requirement of corroboration amounts to something like, ‘our prosecution teams are rubbish so we will have to change the law to secure more convictions’. It’s almost the same line as in the double jeopardy change.”

Writing in the Scotsman late last year, Maggie Scott QC, spoke of the dangers of removing corroboration from the Scots legal system, in an article which can be read here :  Maggie Scott: Corroboration – a second opinion and in testimony to the Scottish Parliament’s Justice Committee, featured on BBC Democracy Live here : Holyrood Justice Committee hears abolition of Corroboration may lead to increased miscarriages of justice

Maggie Scott QC told the Justice Committee she was "really confident" the aboliton of corroboration would lead to miscarriages of justice if other safeguards were not put in place.

Ms Scott said "corroboration is a rule which works and assists in terms of the fact finding process" and "if there is nothing else in place, I'm really confident, I'm afraid, there are going to be miscarriages of justice, because we don't have any other kind of quality control over the evidence."

Ms Scott continued that "removing corroboration, in my view, is not going to assist in respect of conviction rates."

However, Ms Scott said there was a problem with conviction rates, in particular in relation to rape cases in Scotland, and suggested a more "imaginative" approach with possible research of juries to find out why they were not convicting.

Crown Office Press Release on campaign to remove corroboration :

ENDING CORROBORATION COULD PROTECT VICTIMS OF DOMESTIC ABUSE, SAYS SOLICITOR GENERAL

Removing the requirement for corroboration in Scots law could help to protect the rights of victims of domestic abuse, the Solicitor General said today.

Speaking at the Domestic Abuse in Scotland conference, Lesley Thomson QC said prosecutors have a robust prosecution policy – but corroboration often proves a real obstacle in bringing domestic abuse cases to court. Corroboration is one of the areas of Scots law highlighted for potential reform by Lord Carloway’s recent review of criminal law and practice.

The Solicitor General said: “A woman may have been assaulted approximately 30 times before she contacts the police – we recognise that there are huge barriers to women seeking assistance in such cases. We know that the pattern of violence used in this insidious type of abuse is controlled and controlling and the abuser will often wait until he is alone with his victim, or perhaps when the only witnesses are her young children. It cannot be acceptable in a modern legal system that in order to bring criminal proceedings in cases which typically occur in private we are left in the hands of fortune as to whether or not there happens to be corroboration. It is of course right that those accused of committing crimes are entitled to a fair and just trial. But victims and witnesses have rights too – rights which are just as important.”

Solicitor General continued : “It is necessary that such rights are protected by an effective system for the prevention, investigation and prosecution of crime. In such a system, prosecutions with evidence of a perfectly good quality to convince a sheriff or jury of an accused’s guilt should not founder on the basis of an antiquated technical requirement, heralding from centuries before a woman could vote, own property or give evidence in criminal proceedings.”

Fatal Accident Inquiry into death of Lisa Norris abandoned after expert witness ‘changes his mind’ over radiation overdose at Beatson Institute

The Fatal Accident Inquiry into the death of teenager Lisa Norris, who was given huge overdoses of radiation during treatment at the Beatson Oncology Centre in Glasgow for a brain tumour, was abandoned today, after the ‘expert witness’, Professor Sikora ‘revised’ his initial opinion that Lisa might have survived, had it not been for the overdoses of radiation treatment at the Beatson Centre. The medic who administered the overdoses of radiation to Lisa, kept his job, reported the Daily Record.

During today’s hearing the Procurator Fiscal in the case, Lesley Thomson was at pains to inform the court of the following : “It is clear that there no longer exists any controversy surrounding the cause of Lisa's death and the cause of Lisa's tragic death is clear” (Hands up anyone who believes that ?) Ms Thomson’s statement in full can be read along with the coverage of today’s events from BBC News, which has left many wondering over the events of today and the tragic circumstances of Lisa Norris death :

BBC News reports :

Radiation overdose 'did not kill' teenager Lisa Norris

A fatal accident inquiry into the death of a teenager who was given accidental overdoses of radiation during treatment for a brain tumour has been abandoned.

Lisa Norris, who was 15 and from Girvan in Ayrshire, died a few months after the treatment at Beatson Oncology Centre in Glasgow in 2006. The inquiry was abandoned after all parties agreed her illness caused her death rather than the overdose. The proceedings were formally wound up at Glasgow Sheriff Court on Monday.

Miss Norris was given 58% too much radiation during her treatment at the Beatson and died at her family home on 18 October 2006. An internal inquiry following her death found that she had died from her tumour and not from the overdose.

“It is clear that there no longer exists any controversy surrounding the cause of Lisa's death and the cause of Lisa's tragic death is clear” - Procurator Fiscal Lesley Thomson

However, that was disputed by an independent report from one of the country's top cancer experts.

At Glasgow Sheriff Court on Monday, Procurator Fiscal Lesley Thomson said any disagreement among experts had now been resolved. "The medical experts who are all in full possession of the facts and the initial differing opinions have ultimately concluded that there is no causal link between the radiation overdose and Lisa's death," she said.

Ms Thomson said that the Norris family also accepted this conclusion and were of the opinion that a fatal accident inquiry (FAI) should not go ahead.

"Shortly after the continued preliminary hearing on 22 February the representatives of Lisa's family advised me that the family had reached the view that they were content that a full investigation had been carried out, that there was no causal link between the radiation overdose and Lisa's death and that they did not want the fatal accident inquiry and the leading of evidence now to take place," she said.

'No dispute'

Ms Thomson added: "They also accepted that the Beatson, since the date of the radiation overdose error, had taken steps to rectify the problem by reviewing their systems and had improved and replaced them to seek to ensure that such an error could not occur again.

"Following the representations therefore by the family and the Greater Glasgow Health Board it is clear that there no longer exists any controversy surrounding the cause of Lisa's death and the cause of Lisa's tragic death is clear."

Ms Thomson told the court that as there were "no matters of dispute that require to be aired in public, it is not appropriate to cause any further anxiety and distress to the bereaved relatives by the hearing of evidence".

She asked for the fatal accident inquiry to be abandoned and said such a move would also avoid any unnecessary expenses to the parties involved and the public purse.

I think the family are disappointed that Professor Sikora was unable to adhere to his initial view but they accept that it was not appropriate for the FAI to proceed in these circumstances - Cameron Fyfe (Norris family lawyer)

Ms Thomson also asked that the court make a formal determination that Miss Norris died as a result of "recurrent pineoblastoma" or brain tumour. That was agreed to by Sheriff Principal James Alistair Taylor.

Miss Norris's father, Ken, did not want to comment directly on the proceedings.

But his lawyer, Cameron Fyfe, said: "We had a report from Professor Sikora, an expert in oncology, who confirmed that Lisa would probably have survived had it not been for the overdose.

"After further inquiry the professor revised his report to say it was a possibility, not a probability.

"Proof in Scots law is based on the balance of probabilities and that is not enough for the fiscal to proceed with the fatal accident inquiry.

"I think the family are disappointed that Professor Sikora was unable to adhere to his initial view but they accept that it was not appropriate for the FAI to proceed in these circumstances."

Mr Fyfe said the Norris family would continue its civil action against NHS Greater Glasgow and Clyde over the treatment she was given. However, they will now seek compensation only for the pain and suffering that Miss Norris went through as a result of the overdose, and not for her death.

and the statement in full from Ms Thomson, the Procurator Fiscal :

In full: Statement on Lisa Norris FAI

Lesley Thomson (pictured), area procurator fiscal for Glasgow and Strathkelvin, invited Glasgow Sheriff Court to make a formal determination in terms of Section 6 of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976.

It reads as follows - 6(a) that Lisa Jayne Norris died on 18 October 2006 at 16 Downhill Road, Girvan, Ayrshire; (b) that the cause of death was recurrent pineoblastoma.

Here is her statement in full.

"I am seeking a formal determination at today's FAI hearing. I do not propose to lead any evidence and I present to your Lordship the post mortem report in respect of Lisa Jayne Norris.

"I can advise that steps have been taken to stand down witnesses cited to give evidence and to alert parties' representatives in advance of this morning's hearing of the Crown' position as set out in this statement.

"I understand that all parties are content with the Crown's approach today.

"The background and reason for my submission today is as follows:

"In late July 2005 Lisa Jayne Norris (born 7 April 1990 - then aged 15) contacted NHS 24 and thereafter her GP with complaints of abdominal pain, vomiting, fever and headaches.

"From late July until mid August Lisa attended her GP, was referred to the paediatric Department of Ayr Hospital and then admitted to Ayr Hospital on 17 August and transferred to the Southern General Hospital on 18 August.

"At that time following a biopsy she was diagnosed as having pineoblastoma.

"Lisa's treatment for this cancer was a combination of chemotherapy and radiotherapy. She received chemotherapy at the Sick Children's Hospital Yorkhill and the radiotherapy at the Beatson West of Scotland Cancer Centre.

"It has been established and accepted by all parties that she received an accidental overdose of radiotherapy treatment at the Beatson between 5 January 2006 and 31 January 2006.

"This error was discovered on 31 January 2006. An investigation into the circumstances of that error was carried out by Dr Arthur Johnston, Inspector appointed by the Scottish Ministers.

"Lisa died on 18 October 2006 and the circumstances of her death including the cause of her death and the cause of the accidental overdose were investigated by the Crown including the instruction of medical experts.

"At the same time these causes were investigated by representatives for Lisa's parents and by Greater Glasgow Health Board.

"It is of course my duty as the Procurator Fiscal to enquire into certain categories of deaths including the accidental and unexplained to establish exact causal links and to allay any public anxiety and concern.

"Thereafter I report the results of my enquiries to Crown Counsel.

"I did that in this case and a Fatal Accident Inquiry was instructed by the Lord Advocate in order to establish the cause of death and whether or not there was any causal link with the radiation overdose.

"During the investigations by parties there were differing medical views expressed by experts and that continued until very recently. One expert thought there was a link between the accidental overdose of radiation therapy and Lisa's death.

"However, by mid-February 2010 as a result of further detailed enquiries and discussions with experts it was established and agreed that this was not the case and that no such link could be substantiated.

"The medical experts who are all in full possession of the facts and the initial differing opinions have ultimately concluded that there is no causal link between the radiation overdose and Lisa's death.

"At the second preliminary hearing on 22 February 2010 the representatives for Lisa's family indicated to your Lordship that the family accepted that there was no causal link between the accidental overdose and her death.

"In light of the statements made to the court by the representatives of the family and Greater Glasgow Health Board that further consideration be given to the holding of a Fatal Accident Inquiry at which evidence would be led I considered I should review the circumstances.

"Shortly after the continued preliminary hearing on 22 February the representatives of Lisa's family advised me that the family had reached the view that they were content that a full investigation had been carried out, that there was no causal link between the radiation overdose and Lisa's death and that they did not want the Fatal Accident Inquiry and the leading of evidence now to take place.

"They also accepted that the Beatson since the date of the radiation overdose error had taken steps to rectify the problem by reviewing their systems and had improved and replaced them to seek to ensure that such an error could not occur again.

"Following the representations therefore by the family and the Greater Glasgow Health Board it is clear that there no longer exists any controversy surrounding the cause of Lisa's death and the cause of Lisa's tragic death is clear.

"The decision to hold the Fatal Accident Inquiry at public expense has been reviewed.

"There is a continuing duty on the Crown to review the need for a Fatal Accident Inquiry in light of materially changed circumstances and if, as in this case, there are no matters of dispute that require to be aired in public it is not appropriate to cause any further anxiety and distress to the bereaved relatives by the hearing of evidence - nor the incurring of expenses by any of the parties' representatives or indeed the cost of the FAI much of which would fall on the public purse.

"However, in saying that I do need to make it absolutely clear that the decision was not taken on the grounds of costs but on the issues of causation and the steps taken by the Beatson to address the radiation overdose error.

"In all the circumstances therefore and in view of the following facts:

• that there is now no dispute about the accidental radiation overdose error

• the constructive steps taken since by the Beatson to review and improve systems

• and the cause of Lisa's death having been established and agreed

the circumstances have been reviewed and the Crown is now seeking a formal determination in terms of Section 6 of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 as follows:-

6(a) that Lisa Jayne Norris died on 18 October 2006 at 16 Dowhill Road, Girvan, Ayrshire;

(b) that the cause of death was recurrent pineoblastoma.

"May I conclude by offering my condolences to Lisa's parents and family for their tragic loss, a loss which they have borne throughout with great dignity."