Showing posts with label Sheriff Principal Edward Farquharson Bowen QC. Show all posts
Showing posts with label Sheriff Principal Edward Farquharson Bowen QC. Show all posts

Tuesday, June 05, 2012

Freedom for jailed Journalist & anti-abuse campaigner Robert Green as courts apply heavy restrictions to cover up further abuse investigations

Robert Green, journalist & anti abuse campaigner has been freed. Robert Green, the journalist & anti-abuse campaigner who was jailed by Sheriff Principal Edward Bowen for handing out leaflets asking for an inquiry into historical allegations of abuse made by downs syndrome victim Hollie Greig, has been freed from Craiginches Prison, Aberdeen on May 17 2012. A message on the Free Robert Green website reported “Robert Green was freed earlier than expected at 07:40 this morning, and following a brief time with his supporters caught the 8:22 train to take him South of the Border.”

The stiff sentence of ONE YEAR for a breach of the peace, issued by Sheriff Bowen, who, it is claimed, failed to declare relationships with key figures central to the case which included the now former Lord Advocate Dame Elish Angiolini DBE QC (née McPhilomy) ended Scotland’s most expensive ever Breach of the Peace trial which saw a record HALF A MILLION POUNDS spent on the investigation & trial of Mr Green, a case which tunnelled through the Scottish Courts system for over two years at huge cost to taxpayers.

A reminder of previous events in the trial of anti abuse campaigner Robert Green can be viewed in earlier coverage by Scottish Law Reporter HERE and further coverage of the Hollie Greig. Scottish Law Reporter recently published an investigation into the knighthood of Angiolini, apparently recommended by the Scottish Government. Dame Elish Angiolini was also appointed Ministerial complaints adviser to Scotland's First Minister Alex Salmond. More recently, Dame Elish Angiolini was also appointed to the post of Principal of St Hugh’s College, Oxford..

NMG0505123Former 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

It has since emerged there have been heavy restrictions placed by Scottish authorities on Mr Green’s daily life including a ban on any further campaigning for Hollie Greig.

More developments in the Hollie Greig case can be found at http://www.holliedemandsjustice.org/

Sunday, February 19, 2012

FREE ROBERT GREEN : Calls for release of anti abuse campaigner jailed for ONE YEAR to silence Hollie Greig abuse claims against Scots legal figures

Free Robert Green campaign calls for release of jailed anti abuse campaigner. A CAMPAIGN has begun to secure the release of anti abuse campaigner Robert Green after Sheriff Principal Edward Bowen sitting at Stonehaven Sheriff Court on Friday 17 February 2012 sentenced the well known anti-abuse campaigner to ONE YEAR in prison, for a ‘crime’ which can be traced back to Green’s arrest in February 2010 by Grampian Police officers on orders from the Crown Office for the heinous offence of attempting to hand out leaflets calling for an inquiry into allegations of child abuse raised by downs syndrome victim Hollie Greig and her mother, Anne Greig who were forced to flee Aberdeen some years ago after Grampian Police and Scotland’s Crown Office refused to investigate allegations of child abuse by an alleged paedophile gang based in the area.

The stiff sentence issued by Sheriff Bowen, who, it is claimed, failed to declare relationships with key figures central to the case which included the now former Lord Advocate Dame Elish Angiolini DBE QC (née McPhilomy) ended Scotland’s most expensive ever Breach of the Peace trial which saw a record HALF A MILLION POUNDS spent on the investigation & trial of Mr Green, a case which tunnelled through the Scottish Courts system for over two years at huge cost to taxpayers.

It has been reported over the weekend that Mr Green, who is now in custody has been moved to HMP ABERDEEN, address: Craiginches, 4 Grampian Place, Aberdeen AB11 8FN. Phone: 01224 238300

Robert Green’s last interview before being sentenced to one year in jail (click to view).


GREIG, Anne & HollieAnne & Hollie Greig have called for the release of their legal advocate & champion, Robert Green. Readers & campaigners across the UK and around the world are urged to support Mr Green’s plight at the hands of what one observer to the trial described today as “a vindictive, corrupt Scottish legal system which harbours child abusers while jailing those who speak out against injustice.” Anyone wishing to support Mr Green’s plight can write to Robert’s Member of Parliament at the following email address : david.mowat.mp@parliament.uk

More on the case and further developments can be read at the Hollie Demands Justice campaign who are now calling for the release of Mr Green, and an inquiry into the outrageous one year sentence of the anti abuse campaigner. Scottish Law Reporter supports calls for Mr Green to be released pending an appeal.

A reminder of previous events in the trial of anti abuse campaigner Robert Green can be viewed in earlier coverage by Scottish Law Reporter HERE and further coverage of the Hollie Greig case along with a recent investigation into the knighthood of Angiolini, apparently recommended by the Scottish Government.

Sheriff in £1/2Million trial of anti abuse campaigner failed to declare relationship with Lord Advocate on Northern Lighthouse Board ‘lawyers club’ . Sheriff Principal Edward Bowen who heard Scotland’s most expensive ever Breach of the Peace trial of anti abuse campaigner Robert Green and subsequently found Mr Green guilty of committing a breach of the peace over an attempt to hand out leaflets in Aberdeen during February 2010, is today alleged to have failed to declare a relevant relationship with one of the central characters of the trial, former Lord Advocate Dame Elish Angiolini DBE QC who served as a Commissioner along with Sheriff Principal Bowen on the Northern Lighthouse Board together with a large, if curious gathering of senior members of the legal profession, the judiciary & prosecutors which includes the current boss of the Crown Office, Lord Advocate Frank Mulholland, and his deputy, the Solicitor General, Lesley Thomson

NMG0505123Former 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 Glasgow City Council Purcell cocaine scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE.

Justice Secretary Kenny MacAskillJustice 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

Friday, February 17, 2012

Claims of COVER UP as Judge jails anti abuse campaigner for ONE YEAR to justify £1/2 million cost of trial started by ex Lord Advocate Angiolini

Anti abuse campaigner Robert Green is sentenced to ONE YEAR in jail for handing out leaflets calling for abuse inquiry. IN what many legal observers have branded a STAGGERING decision, Sheriff Principal Edward Bowen sitting at Stonehaven Sheriff Court earlier today took the unprecedented step of jailing the well known anti-abuse campaigner Robert Green to ONE YEAR in prison, for a ‘crime’ which can be traced back to Green’s arrest in February 2010 by Grampian Police officers on orders from the Crown Office for the heinous offence of attempting to hand out leaflets calling for an inquiry into allegations of child abuse raised by downs syndrome victim Hollie Greig and her mother, Anne Greig who were forced to flee Aberdeen some years ago after Grampian Police and Scotland’s Crown Office refused to investigate allegations of child abuse by an alleged paedophile gang based in the area.

The stiff sentence issued by Sheriff Bowen, who, it is claimed, failed to declare relationships with key figures central to the case which included the now former Lord Advocate Dame Elish Angiolini DBE QC (née McPhilomy) brings to a close for now, Scotland’s most expensive ever Breach of the Peace trial which saw a record HALF A MILLION POUNDS spent on the investigation & trial of Mr Green, a case which tunnelled through the Scottish Courts system for over two years at huge cost to taxpayers.

A legal insider speaking this evening to Scottish Law Reporter branded the one year sentence as “excessive”, putting it down to the judge needing to justify the enormous amount of money & effort spent on bringing Mr Green to trial.

He said : “The sentence has little to do with justice, rather it appears more to do with the Crown Office, Police, the Court Service and a collection of questionably motivated ‘others’ needing to take someone’s head off to justify the enormous amount of taxpayers money they have spent on their vindictive pursuit of Mr Green.”

The record spend of at least half a million pounds on the case included FIFTEEN PRE TRIAL HEARINGS at Stonehaven Sheriff Court, 18,000 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 at one point totalled SIXTY ONE persons.

The Hollie Demands Justice campaign issued a Press Release, stating it very much regrets the decision today of the Sheriff Court in Stonehaven to deprive Robert Green of his Liberty.

The Hollie Demands Justice campaign said : “Despite breaches of Mr Green's human rights and repeated irregularities in law and process by the police, the legal profession and the court system since Robert Green was first arrested in February 2010, the Sheriff Court in Stonehaven, Sheriff Principle Edward Bowen saw fit to curtail his freedom, sentencing him to 1 year in jail (9 months for Breach of the Peace, 3 months for Breach of Bail conditions).”

“Robert has been a most robust and valued campaigner on behalf of Hollie Greig and her mother Anne, in seeking justice for the wrongs inflicted upon Hollie, exposing the lack of a duty of care from those in positions of trust, the perjury of Grampian Police and highlighting the nefarious nature of the legal system and the Establishment in both Scotland and England.”

Speaking in response to the sentencing of Mr Green, Annie Greig, the mother of Hollie said : “Hollie and I would like to publicly thank Robert Green for his bravery, his tireless work and his dedication to Hollies cause, her search for justice. We consider ourselves most fortunate to have found such a man of principle to act and campaign on our behalf, whose selfless actions have taken him into conflict with those who would abuse their power and powerful connections to evade justice. Our disappointment with the legal system in Scotland now knows no bounds. In our opinion Robert Green should be awarded a medal, not a criminal conviction.”

Mrs Greig continued : “It is our hope that Robert's legal team will mount a speedy and energetic appeal on his behalf to release him from this enforced loss of his liberty that he most certainly does not deserve and we now state publicly that we will have fears for his well-being whilst in prison. We will hold responsible and accountable those who have seen fit to incarcerate him should any interference with his being or any harm befall him.”

“I would like to thank all the wonderful people who have supported Hollie, Robert and myself during this long and ongoing campaign, especially those who have repeatedly made the long trip to Scotland regularly giving support to Robert during his many hearings. Both Hollie and myself extend our heartfelt wishes, our thoughts and our prayers are with Robert today.”

Speaking to one of our reporters late today, a Crown Office spokesperson commented : "Following a trial on summary complaint at Stonehaven Sheriff Court, George Robert Green (27/03/46) was convicted of breach of the peace and breaches of bail. Sentencing is a matter for the court."

However, the Judiciary for Scotland declined to comment to one of our journalists, a spokesperson stating : “The Judicial Office does not comment on individual cases.” No sentencing statement has been released from the Scottish Court Service.

No statement has yet been released by Green’s defence team on their further plans, which many expect to include an appeal. However, one observer to the trial told Scottish Law Reporter tonight : “Robert’s jail sentence for daring to stand up to the powers that be is nothing short of evil.”

He continued : “How can it be that someone who campaigns on behalf of a little girl who the authorities appear to agree was abused, gets sent to jail, while the same authorities have never bothered to fully investigate the allegations or arrest anyone for committing the abuse they themselves say took place.”

A reminder of previous events in the trial of anti abuse campaigner Robert Green can be viewed in earlier coverage by Scottish Law Reporter HERE and further coverage of the Hollie Greig case along with a recent investigation into the knighthood of Angiolini, apparently recommended by the Scottish Government.

Sheriff in £1/2Million trial of anti abuse campaigner failed to declare relationship with Lord Advocate on Northern Lighthouse Board ‘lawyers club’ . Sheriff Principal Edward Bowen who heard Scotland’s most expensive ever Breach of the Peace trial of anti abuse campaigner Robert Green and subsequently found Mr Green guilty of committing a breach of the peace over an attempt to hand out leaflets in Aberdeen during February 2010, is today alleged to have failed to declare a relevant relationship with one of the central characters of the trial, former Lord Advocate Dame Elish Angiolini DBE QC who served as a Commissioner along with Sheriff Principal Bowen on the Northern Lighthouse Board together with a large, if curious gathering of senior members of the legal profession, the judiciary & prosecutors which includes the current boss of the Crown Office, Lord Advocate Frank Mulholland, and his deputy, the Solicitor General, Lesley Thomson.

NMG0505123Former 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 Glasgow City Council Purcell cocaine scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE.

Justice Secretary Kenny MacAskillJustice 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.

Tuesday, February 07, 2012

Sheriff in £1/2Million trial of anti abuse campaigner failed to declare relationship with Lord Advocate on Northern Lighthouse Board ‘lawyers club’

Sheriff Principal was Lighthouse Board Commissioner along with Angiolini for TEN YEARS, failed to declare at trial. Sheriff Principal Edward Bowen who heard Scotland’s most expensive ever Breach of the Peace trial of anti abuse campaigner Robert Green and subsequently found Mr Green guilty of committing a breach of the peace over an attempt to hand out leaflets in Aberdeen during February 2010, is today alleged to have failed to declare a relevant relationship with one of the central characters of the trial, former Lord Advocate Dame Elish Angiolini DBE QC who served as a Commissioner along with Sheriff Principal Bowen on the Northern Lighthouse Board together with a large, if curious gathering of senior members of the legal profession, the judiciary & prosecutors which includes the current boss of the Crown Office, Lord Advocate Frank Mulholland, and his deputy, the Solicitor General, Lesley Thomson.

Detailed documents shown to Scottish Law Reporter reveal Dame Angiolini and Sheriff Principal Bowen were Commissioners at the Northern Lighthouse Board for around TEN YEARS, until both resigned, within 24 hours of each other during 2011. It has now transpired Sheriff Bowen “was the preferred choice of COPFS” to hear the trial against Green during the time the Sheriff served with Angiolini on the NLB.

Several records of meetings held by the Northern Lighthouse Board where the Sheriff & Lord Advocate Angiolini were both present, are available on the NLB’s website here NLB Minutes-of-Meetings The Sheriff & then still serving Lord Advocate attended three meetings on 22 February 2010, 01 June 2010 and 28 February 2011, dates which tally with the period of Green’s arrest & initial hearings.

Unusually there has been no reference made by Sheriff Principal Bowen in the trial to his previous relationship with the former Lord Advocate, who headed the Crown Office when Green was charged with breach of the peace for attempting to hand out leaflets in Aberdeen calling for an inquiry into allegations made by downs syndrome victim Hollie Greig of child abuse. Sheriff Principal Bowen also blocked the appearance of Dame Angiolini at the trial of Green, despite his legal team citing her as a witness, featured on Scottish Law Reporter HERE

Stonehaven Sheriff Court officials refused to confirm Sheriff Bowen’s status. A letter handed over to Scottish Law Reporter today reveals Sheriff Court officials at Stonehaven Sheriff Court have REFUSED to elaborate on Sheriff Bowen’s relationship with Angiolini, or confirm whether the Sheriff Principal did tell the court of his association with the former Lord Advocate. A member of the staff at Stonehaven Sheriff Court took an angry tone over enquiries made on the Sheriff’s relationship with Angiolini, saying : “I am not in a position to confirm or deny that Sheriff Principal Bowen failed to disclose to the court his relationship with Elish Angiolini, and I do not think it would be proper to enter into any further correspondence on the matter.”

Legal experts say the Sheriff should have declared his interest and immediately recused himself from the trial. A solicitor commenting on the matter today was of the opinion Mr Green’s rights as an accused had been breached.

Meanwhile a campaigner speaking to Scottish Law Reporter this morning said there should be an independent investigation to establish whether the Sheriff Principal deliberately concealed the information from the trial.

Mr Green has written more about the apparent conflicts of interest on his web blog : holliedemandsjustice-robertgreensblog

A reminder of previous events in the trial of anti abuse campaigner Robert Green can be viewed in earlier coverage by Scottish Law Reporter HERE and further coverage of the Hollie Greig case along with a recent investigation into the knighthood of Angiolini, apparently recommended by the Scottish Government.

NMG0505123Former 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

Justice Secretary Kenny MacAskillJustice 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.

Northern Lighthouse Board – A haven for lawyers, judges and prosecutors

A perusal of the list of Commissioners of the Northern Lighthouse Board reveals some very interesting personalities from the Scots legal world, which include senior Sheriffs, the current Lord Advocate Frank Mulholland and his Solicitor General Lesley Thomson, and a host of others in a curious mix of unexpected legal world dominance.

http://www.nlb.org.uk/AboutUs/BoardBusiness/List-of-Commissioners/

Sheriff Principal Alastair Dunlop QC (Chairman) Sheriff Principal of Tayside, Central & Fife

Captain H Michael Close (Vice-Chairman), Elected by the Commissioners

Frank Mulholland QC, Lord Advocate

Lesley Thomson QC, Solicitor General of Scotland

Sheriff Principal Bruce Kerr QC, Sheriff Principal of North Strathclyde

Sheriff Principal Brian Lockhart. Sheriff Principal of South Strathclyde, Dumfries and Galloway

Sheriff Principal Craig Scott, Sheriff Principal of Glasgow and Strathkelvin

Sheriff Principal Mhairi Stephen, Sheriff Principal Lothian and Borders

Sheriff Principal Sir Stephen Young Bt QC, Sheriff Principal of Grampian, Highlands and Islands

Rev Dr George Grubb, The Rt Hon The Lord Provost of Edinburgh

Councillor Robert Winter, The Rt Hon The Lord Provost of Glasgow

Councillor Peter Stephen, Lord Provost of Aberdeen

William Petrie OBE JP DL, Convener of the Council of Argyll and Bute

Councillor Sandy Park, Convener of Highland Council

Sir Andrew Cubie CBE, Nominated by the Department for Transport and elected by the Commissioners

Robert Quayle, Nominated by the Lieutenant Governor of the Isle of Man and elected by the Commissioners

Alistair Mackenzie, Elected by the Commissioners

John Ross CBE FRAgS, Elected by the Commissioners

Alistair Whyte, Elected by the Commissioners

Friday, November 25, 2011

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

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.

NMG0505123Former 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

Justice Secretary Kenny MacAskillJustice 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 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.

Wednesday, April 29, 2009

Law & Order : Justice Secretary announces review of sheriff & jury procedures

Scotland’s Justice Secretary, Kenny MacAskill has today announced an ‘independent review’ of sheriff and jury criminal court cases.

The ‘independent review’ will be carried out by a Sheriff, in this case, Sheriff Principal Bowen, the Sheriff Principal of Lothian & Borders, and the ‘review’ will be completed by summer 2010. (Independent reviews - is this a thing we can do in Scotland ? - Ed)

Scottish Government Press Release :

Review of sheriff and jury procedures

29/04/2009

An independent review of sheriff and jury criminal court cases was announced today by Cabinet Secretary for Justice Kenny MacAskill.

Sheriff Principal Bowen, Sheriff Principal of Lothian & Borders, will examine practice and procedure in sheriff and jury cases, with a view to reporting to Ministers by summer 2010.

This follows two previous independent reviews, one into High Court procedure, led by Lord Bonomy, and subsequently the summary justice reforms recommended by Sheriff Principal McInnes.

Mr MacAskill said:

"The Scottish Government is determined to promote a safer and stronger Scotland. There is much to be proud of in our independent criminal justice system. However, we must ensure that all its parts remain fair, effective and efficient.

"The Bonomy and McInnes reviews have led to significant reforms that have benefited victims and witnesses, while continuing to ensure fairness to the accused.

"Sheriff Principal Bowen's review will help ensure that efficient and fair justice continues to be delivered throughout the criminal justice system.

"I am delighted that Sheriff Principal Bowen, an experienced and respected judicial figure, has agreed to undertake this review. The Lord President has fully endorsed his appointment. "

Sheriff Principal Bowen said:

"I am very pleased to have been asked to lead this important review of sheriff and jury procedure. There is a wide acknowledgement across criminal justice organisations and legal professionals of the need for this review.

"It follows the recent reviews of the High Court and summary justice and accordingly will complete the circle of reform of Scotland's criminal justice procedures.

"The review is timely having regard to the forthcoming report on Civil Justice by the review team headed by the Lord Justice Clerk. That report may lead to far-reaching changes in the structure of Scotland's court system.

"It is important that all procedures within the criminal justice system should be modern and fit for purpose.

"I am sure that lessons can be learnt from earlier reviews and the revised procedures which resulted from them. The present review will draw on those experiences and will endeavour to consolidate all recognised improvements.

"My objective, shared with those who will be working with me, is to create a system which operates efficiently with particularly emphasis in minimising inconvenience and distress to victims and witnesses."

The most serious criminal cases in Scotland are heard before a jury under solemn procedure in the High Court or Sheriff Court. More than 80 per cent of solemn cases are heard in the Sheriff Court. The Sheriff can impose a maximum term of imprisonment of five years following a jury trial.

The review remit is: 'To review the arrangements for sheriff and jury business, including the procedures and practices of the Sheriff Court and the rules of criminal procedure as they apply to solemn business in the Sheriff Court; and to make recommendations for the more efficient and cost-effective operation of sheriff and jury business in promoting the interests of justice and reducing inconvenience and stress to the victims and witnesses involved in cases.'

Sheriff Principal Edward Farquharson Bowen QC qualified as an Advocate in 1970. Between 1983 and 1990 he served as a sheriff at Dundee before returning to the Bar. He was appointed as Queen's Counsel in 1992. In 1997 he was appointed to the office of Sheriff Principal of Glasgow and Strathkelvin. In 2005 he became Sheriff Principal of Lothian and Borders. He has also given service as a temporary judge in the High Court and Court of Session since 2000.

Sheriff Principal Bowen will appoint a Reference Group, including representatives from the Crown, courts service, police and defence practitioners, to assist with the review.