Thursday, August 25, 2011

Married, drunk Borders lawyer attempted rape of female staff in Sheriff Court building, no charge, shocked Police ‘were ordered to give him lift home’

Jedburgh Sheriff CourtPolice were told to ‘give lift’ to drunk lawyer who attempted to rape a member of staff at a local court in the Scottish Borders. SENSATIONAL TESTIMONY from a retired Police insider has revealed how a well known, married-with-a-family BORDERS SOLICITOR who attended a gathering at a court building in the Scottish Borders got so drunk and out of control, he dragged a female member of staff into a room and attempted to rape her, reports one of our journalists who has been given papers relating to the case. Yet while the woman pled for help after she escaped from the sex beast lawyer, shocked Police were simply told to “give him a lift home” instead of arresting the fiend.

The solicitor, who has been linked by media sources to a SIGNIFICANT FRAUD committed against one of his clients involving TENS OF THOUSANDS OF POUNDS which were never recovered, became drunk at a “social occasion” held at a court building in the Scottish Borders where a Sheriff and other ‘legal luminaries’ & solicitors were present.

The solicitor became so intoxicated and out of control during the drinking session in front of top Sheriffs & other lawyers, he began accosting a female member of staff from the local court whom he had been pestering for sex for months during his frequent appearances in front of Sheriffs on behalf of clients.

According to sources, the drunken solicitor “cornered the woman away from the main group of people in the room, then dragged her into a side room and began ripping at her clothes, demanding to have sex”.

The woman was allegedly told by the drunken solicitor “You know who I am, I am a lawyer and you cant do anything about it”.

According to reports in the case, the woman managed to free herself, rush to where the gathering was being held, and begged for help. One onlooker who recalled the event said the woman “was completely distraught, her clothes a mess and in tears”.

He added : “She was screaming for someone to get the creep away from her and do something about it but the lawyer then barged into the room as if nothing had happened and tried to deny everything.”

Among those present were Sheriffs, Police Officers, other solicitors, Scottish courts staff and local dignitaries.

However the victim of the attempted rape and others present who witnessed the spectacle were shocked to hear that instead of the lawyer being charged with a criminal offence, the Police on duty were instructed by an unnamed official at the gathering “to give the lawyer a lift back to [the town where he lived]”

Incredibly the Police did exactly as they were instructed, and took the drunken sex beast back to the town where his office is located, however he insisted on being dropped off at the side of the road only a few miles into the journey, and it was reported, began to make his way back to the scene of his attempted rape. It is alleged when one of the Police officers told him he wasn't going back to the court house, he made threats against the officers.

The insider who came forward about the incident, claimed the Police attending were ordered to take no action because those at the gathering, including Sheriffs & others would have ended up as witnesses to the violent incident.

The solicitor identified in the incident whose name is known to Scottish Law Reporter, is still working at his High Street law firm in the Scottish Borders which is registered to provide LEGAL AID.

According to the Scottish Legal Aid Board, his firm regularly claims for legal aid work amounting to TENS OF THOUSANDS OF POUNDS a year, representing among others, women in divorce cases. In one case it is claimed he coerced children involved in bitter separation battles to give false testimony in court hearings.

It has been revealed today the solicitor identified in the attempted rape has a very bad record of dealing with clients, and has been the subject of serious complaints to the Law Society of Scotland over property title irregularities and at least one large bank fraud. (Maybe SLAB should start going through his legal aid claims – Ed)

An insider from the local bar association said : “If any of his female clients were made aware of his dangerous sexual history they would run a mile. He is a danger to be anywhere near.”

The insider continued : “He should have been charged for what he did at the Sheriff court. I doubt his wife knows anything about it..”

Information provided by former employees of the solicitor suggest this is not the first incident of a sex attack committed by the solicitor identified in the court incident.

One former employee who did not wish to be named revealed the solicitor’s wife had previously filed for divorce against him.

She said : “He is such a ******* monster to work for. Do you know his wife left him because of the way he carries on and filed for divorce but when she heard he had been left a lot of money they got back together again.”

The former employee also revealed information on yet another incident, this time involving one of the solicitor’s now former employees. She continued : “One girl who used to work at the firm claimed he took her home and tried to rape her. She was sacked when she said she was going to report it.”

No one at the Scottish Courts Service was available to confirm or deny the description of the incident or to explain why the solicitor was not charged with criminal offences. No one from the Law Society of Scotland was available for comment.

Wednesday, August 17, 2011

Questions raised over Corporate Credit Cards at Tory Libdem Scottish Borders Council as ex-Chief Executive David Hume ran up £9K bill on taxpayers

In Credit thanks to taxpayers : SBC former Chief Executive David Hume. QUESTIONS have been raised over the number & volume of CORPORATE CREDIT CARDS issued by the Tory-LibDem controlled Scottish Borders Council to its staff & others after it was revealed the now former SBC Chief Executive, David Hume, ran up a NINE THOUSAND POUND BILL on a PAID-FOR-BY-TAXPAYERS credit card issued to him by the same scandal tarnished Scottish Borders Council which lost up to TEN MILLION POUNDS in dodgy investments in now bankrupt Icelandic Banks. SBC is now seeking to cover its multi million pound Icelandic losses through the Scottish Government’s dodgy “consent to borrow scheme”, branded a ‘Council Tax freeze buy off’ by local Government experts.

The information on Mr Hume’s credit card expenses was released in response to a Freedom of Information request, which revealed among many other things, the now former Chief Executive Mr Hume liked to stay at the Royal Overseas League and the London Bridge Hotel all at taxpayers expense on Scottish Borders Council’s corporate credit card.

Mr Hume also charged for attending an Enterprising Britain awards at 11 Downing Street Award Ceremony on 16-17 October 2008. Hume seems to have been there simply because the Heart of Hawick project (a restoration of the area where the Tower Hotel used to be) was on a short list of 13 projects across the UK. The award was won by the Scarborough Renaissance Partnership. Mr Hume ran up a bill of £620 including a return flight to London costing £301 and a night’s accommodation at the swanky London Bridge Hotel (£194) and a lunch for two (£76).

From 2004 onwards Scottish Borders Council co-ordinated a “Shop Local” campaign, encouraging people to spend their money in Borders retail outlets. On 9th November 2009 Mr Hume purchased a brooch (broatch) to give to a host family during a study tour to Japan. According to the record Hume bought the brooch for £51.31 from Ola Gorie Jewellery, a designer jewellery business based in ORKNEY, which is very far removed from the Scottish Borders, who Mr Hume was allegedly representing and whose local council tax payers pay his credit card bill.

The now former Chief Executive Mr Hume also ran up charges which included magazine subscriptions to the Harvard Business Review, reference books, crockery, £7.74 for parking fees at a Commonwealth Games planning event, and even £4 for a ticket on the London Underground.

The SNP’s Christine Grahame, MSP for the area and Chair of the Scottish Parliament’s Justice Committee questioned why Mr Hume was able to use a corporate credit card while many constituents in the Scottish Borders are facing financial oblivion.

Ms Grahame said : “While many of my constituents are struggling to make ends meet Mr Hume was using a corporate credit card to enjoy luxuries and pay for expensive goods. It also beggars belief that in his time as Chief Executive of the council he backed numerous campaigns to shop local but decided to buy a brooch from Orkney as a gift for a visiting dignitary.?”

She added : “I would like to know if Mr Hume had carte blanche when using his credit card or was this expenditure monitored. I also feel that taxpayers need to know whether this extravagance was sanctioned by senior councillors who were, at the same time, grappling with the need to cut spending and ensure value for money.?”

While taxpayers may well have cause to be shocked at the scale of huge credit card bills racked up by Scottish Borders Council staff during these times of public service cuts and extortionate local Council Tax charges, it can now be revealed today there are several more credit cards issued by Scottish Borders Council to other officials including Departmental Heads : Directors of Education (Glenn Rodger), Social Work (Andrew Lowe), Resources (Tracey Logan) and Environment & Infrastructure (Rob Dickson). Details of the expenditures on these cards have now also been requested.

Scottish Borders Council recently hit the headlines with revelations of huge salaries, expenses & more, here : Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions & MONEY TO BURN : Millions lost in Icelandic banks yet 34 Scottish Borders Councillors soak up another million in salaries & expenses claims

Scottish Borders Council announced Mr Hume’s resignation on 1 July 2011, after a “change in his personal circumstances”. The ANNOUNCEMENT stated :

After nine very successful years at Scottish Borders Council and following a change in his personal circumstances, David Hume will be retiring from his post as Chief Executive with effect from Monday 15 August 2011.

Speaking, following his decision, Mr Hume stated:  “In the last nine years we have implemented a programme of change and improvement which has transformed the Council, and improved the quality of life in the Scottish Borders. As Chief Executive of the Council it has been a privilege to lead and direct these changes. However the greatest privilege of all has been to work with council colleagues, colleagues from other agencies, and the people of Border communities who never fail to demonstrate their remarkable characteristics of commitment, integrity and intelligence. I thank them all and reserve special thanks for employees of Scottish Borders Council who, in my opinion, are simply the best.” 

Council Leader David Parker said: “The Council is most grateful to David for his loyal and dedicated service over the last nine years.  He has been instrumental in the Council’s success, and has demonstrated enormous commitment to the Council and the Scottish Borders. He departs with the best wishes of all elected Members and staff. He leaves a Council that is in strong heart, and which has been transformed under his leadership.”

No mention was made in the announcement of Mr Hume’s departure of how much the Chief Executive had cost local taxpayers, nor were any benefits to the Scottish Borders of Mr Hume’s Japanese study tour mentioned.

A local political reform campaigner today condemned the huge amounts of money spent by SBC officials on credit cards.

He said : “I thought David Cameron said we were all in this recession together ? However this does not appear to be the case at Scottish Borders Council.”

He continued : “This binge on credit cards at Scottish Borders Council is one of the many causes why we in the Scottish Borders are all having to fork out extortionate council tax payments on properties worth nowhere near their claimed values to keep Councillors and their officials in their undeserved luxurious salaries, expenses & pensions schemes while the rest of us rot. It is disgusting. They should be made to repay every penny.”

The full details of Mr Hume’s reasons to be cheerful (having a taxpayer funded credit card you don't need to worry about paying at the end of the month) are revealed here :

FOI Request - Spend on Credit Card in name of David Hume

Date Item purchased Reason Vendor Cost (£) Statement Date 2008/09
21.04.08 Magazine Subscription Reference Harvard Business Review £69 07.05.08
08.05.08 Magazine Subscription Reference E Map Business Communications £195 05.06.08
10.06.08 Return Train Ticket, Edinburgh - Glasgow Meeting Transport Minister National Express £9.80 05.06.08
11.06.08 2 Reference Books Reference Van Guard Consulting £36.60 05.06.08
27.06.08 1 Night Hotel Accomadation Conference Attendance Patio Hotel, Aberdeen £131.91 05.06.08
30.06.08 Lunch for 3 people Meeting Doric Tavern, Edinburgh £48.20 05.06.08
03.06.08 Lunch for 2 people Meeting Marmions, Melrose £23.04 05.06.08
04.08.08 Lunch for 3 people Meeting Burts, melrose £73.74 06.08.08
04.09.08 Annual Members Fee Corporate Credit Card Bank of Scotland £20.00 04.09.08
06.10.08 Ret. Flight Edin-Lon Award Ceremony, Downing Street BMI £301.60 06.11.08
16.10.08 Lunch for 2 ppl Award Ceremony, Downing Street London Bridge hotel £76.83 06.11.08
16.10.08 Accom. Hotel Award Ceremony, Downing Street London Bridge hotel £194.89 06.11.08
17.10.08 Parking Airport Award Ceremony, Downing Street NCP ltd £10.89 06.11.08
16.10.08 Shuttle Fair London Award Ceremony, Downing Street Heathrow Rail Link £32.00 06.11.08
17.10.08 Underground Ticket Award Ceremony, Downing Street TFL MFM £4.00 06.11.08
23.10.08 Ticket for Award Ceremony Scottish Border Awards Dinner Big Partnership Aberdeen £45.00 06.11.08
26.10.08 Parking Fees Commonwealth Games Planning Event NCP ltd £7.74 06.11.08
21.10.08 Hotel Accommodation COSLA Conference Watermill Hotel, Paisley £51.06 06.11.08
26.10.08 Hotel Accommodation commonwealth games planning event SAS Radison Glas £114.89 06.11.08
27.11.08 Seminar Attendance Fee Election Training Seminar Solice Enterprises Ltd £390.00 04.12.08
02.03.09 Magazine Subscription Reference Subs-Service.co.uk £93.00 05.03.09
2009/10
16.03.09 Crockery Office Use China Presentation £126.47 06.04.09
13.05.09 Magazine Subscription Reference Harvard Business Review £85.00 07.05.09
11.06.09 Dinner for 6 people Visiting International Dignatory Town House, Melrose £115.98 06.07.09
17.06.09 Membership Fee Reduced Accommodation Cost Royal Overseas League £143.00 06.07.09
17.06.09 Return Flight, Edinburgh - London SFI Board Meeting BMI £173.60 06.07.09
22.06.09 Underground Ticket, London SFI Board Meeting TFL MFM £4.00 06.07.09
23.06.09 1 Night B&B, London SFI Board Meeting Royal Overseas League £113.91 06.07.09
23.06.09 Airport Parking Costs SFI Board Meeting NCP Ltd £12.52 06.07.09
22.06.09 Heathrow Express Ticket SFI Board Meeting Heathrow Rail Link £32.00 06.07.09

23.06.09 Underground Ticket SFI Board Meeting TFL MFM £4.00 06.07.09
18.08.09 Crockery Office Use China Presentation £54.17 06.08.09
07.09.09 Membership Fee Corporate Credit Card membership Bank of Scotland £20.00 06.08.09
11.09.09 Conference Fees Solice Conference, Brighton Solice Ltd £210.00 06.10.09
24.09.09 Return Flight, London - Tokyo Study Tour Japan Airline Net £1,164.52 06.10.09
25.09.09 Flight, Edinburgh - Gatwick Solice Conference, Brighton BMI £51.20 06.10.09
25.09.09 Flight Gatwick - Edinburgh Solice Conference, Brighton Air France £93.26 06.10.09
25.09.09 Return, Flight Edinburgh - London Pre Meet Japanese Study Tour (in London) British Airways £106.60 06.10.09
05.10.09 Return Fair Edinburgh - Glasgow Railway Meeting National Express £31.40 06.10.09
05.10-.09 Railway Parking Fee Railway Meeting Apcoa Parking £6.96 06.10.09
05.10.09 Rail Link  Japanese Study Tour Pre Meeting Heathrow Rail Link £32.00 06.10.09
05.10.09 Evening Meal Japenese Study Tour Pre Meeting Seafood Bar, Edinburgh Airport £8.02 06.10.09
06.10.09 Airport Parking Speaking Engagement Solice Conference NCP ltd £12.52 05.11.09
06.10.09 Hotel Accommodation Japanese Study Tour Pre Meeting Royal Overseas League £108.91 05.11.09
05.10.09 Coffee/tea Meeting Sheraton Hotel, Edinburgh £8.83 05.11.09
14.10.09 Conference Fees Solice Conference, Brighton Solice UK £398.00 05.11.09
20.10.09 Trian Ticket, Gatwick - Brighton Solice Conference, Brighton Gatwick Express £24.90 05.11.09
20.10.09 Lunch Solice Conference, Brighton CafĂ© Rouge £14.13 05.11.09
22.10.09 Train Ticket, Brighton - London Solice Conf Brighton Southern Rail Brighton £30.40 05.11.09
22.10.09 Airport Parking Solice Conference, Brighton NCP Ltd £20.61 05.11.09
22.10.09 Underground Ticket Solice Conference, Brighton TFL MFM £6.30 05.11.09
22.10.09 2 Nights Accommodation Solice Conference, Brighton Hilton Hotel, Brighton £186.91 05.11.09
23.10.09 Overnite Accommodation Cosla Seminar Dacota Hotel, Glasgow £89.13 05.11.09
03.11.09 Crockery Office Use China Presentation £27.04 05.11.09
09.11.09 Broatch Gift to Host Family in Japan Ola Gorie Jewellery £51.31 04.12.09
09.11.09 Flight, London - Edinburgh Study Tour Japan BMI £93.00 04.12.09
09.11.09 Flight, Edinburgh - London Study Tour Japan BMI £54.30 04.12.09
09.11.09 Overnight Accommodation, London (pre flight) Study Tour Japan Destina Group £85.39 04.12.09
18.11.09 Evening Meals, 2 days Study Tour Japan Prince Hotels, Tokyo £46.63 04.12.09
26.11.09 Evening Meals plus Coffee, 2 days Study Tour Japan Keio Plaza Hotel, Tokyo £63.47 04.12.09
16.12.09 Conference Fees Solice Conference Solice.org £488.75 07.01.10
28.01.10 Evening Meeting and Dinner for 3 people Visiting Chief Executive Burts Hotel, Melrose £265.06 07.01.10
02.02.10 Mobile Phone Case Protect Phone Amazon £9.95 05.02.10
10.02.10 Conference Fees Conference Attendance J Press Scott .adv £149.00 05.03.10
2010/11
08.03.10 Flight, London - Edinburgh SFI Editorial Board Meeting BMI Onine £86.30 08.04.10
08.03.10 Flight, Edinburgh - London SFI Editorial Board Meeting British Airways £112.20 08.04.10

15.03.10 Heathrow Express SFI Editorial Board Meeting Heathrow Rail Link £32.00 08.04.10
16.03.10 Overnight Accommodation SFI Editorial Board Meeting Royal Overseas League £110.64 08.04.10
18.03.10 Parking Fee, Edinburgh Airport SFI Editorial Board Meeting NCP Ltd £6.98 08.04.10
15.03.10 London Underground Ticket SFI Editorial Board Meeting TFL MFM £5.60 08.04.10
17.03 10 Return Rail Fair, Edinburgh - Dundee Strategic Review Group Meeting First Scot Rail £51.10 08.04.10
01.04.10 Lunch for 4 people Meeting with Heriot Watt University Burts, Melrose £87.24 08.04.10
16.05.10 Overnight Accommodation Historic Silver Arrow Shoot Tontine Hotel, Peebles £55.32 07.06.10
19.05.10 Magazine Subscription Reference Harvard Business Review £85.00 07.06.10
27.05.10 Magazine Subscription, 2years Reference Subs-Service.co.uk £182.00 07.06.10
25.06.10 Evening Meal for 4 people COSLA Convention Uplawmuir Hotel, Glasgow £188.98 06.07.10
15.07.10 Reference Books Reference Amazon £12.49 05.08.10
09.08.10 Magazine Subscription Reference E Map Business Communications £140.00 06.09.10
16.08.10 Photographs from Local News Historical Interest J Press Scott .adv £2.58 06.09.10
16.08.10 Extra Copies Local Newspaper Historical Interest J Press Scott .adv £7.80 06.09.10
16.08.10 Extra Copies Local Newspaper Historical Interest J Press Scott .adv £7.80 06.09.10
06.09.10 Purchase of Government Paper Research Paypal Emerald £14.50 06.09.10
06.09.10 Membership Fee Corporate Credit Card Bank of Scotland £15.00 06.09.10
07.10.10 Annual Member Fee Solice Professional Membership Solice £398.00 04.11.10
08.10.10 Dinner for Visit for Overseas Dignatory Hospitality Burts, Melrose £121.74 04.11.10
21.10.10 Dinner for 5 people COSLA Convention Rupee Room, Ayre £105.06 04.11.10
22.10.10 B&B 1 Night Fairfield House, Ayre £75.75 04.11.10
26.10.10 Ticket Free Lecture Professional Lecture Usher Hall Box Office £5.75 04.11.10
Jan & Feb no spend
14.02.11 Day Attendance Conference Fee Solice Conference Solice £150.00 07.03.11
15.02.11 Security Key Store Office Equipment Amazon £19.99 07.03.11
21.02.11 Reference Book Reference Carrick Media £48.00 07.03.11
01.03.11 Magazine Subscription Reference Harvard Business Review £85.00 07.03.11
04.03.11 B&B 1 Night Solice Conference St. Michaels Inn, St. Andrews £54.17 07.03.11
Total £9,019

Tuesday, August 16, 2011

£150,000 client fund theft at Bell & Co Solicitors, Kilmarnock : Clients warned to withdraw their money from Scots law firms

EMBEZZLEMENT of up to ONE HUNDRED & FIFTY THOUSAND POUNDS of client funds appears to have taken place at a Kilmarnock law firm, BELL & CO SOLICITORS after an audit carried out on the firm’s accounts revealed a black hole in client funds. The news was reported at the weekend by the Sunday Mail newspaper and has been followed up by Peter Cherbi’s Diary of Injustice law blog which reports more on the story, along with some alarming revelations on a law firm in the Scottish Borders where one of its partners was found to have 23 different bank accounts in other names : Protect your money by withdrawing it from your lawyer as £150,000 goes missing from another Scottish law firm, weak Law Society regulation to blame

SLCC LAW SOCIETYWeak regulation by Law Society of Scotland & Scottish Legal Complaints Commission to blame for rising theft of client funds. BELL & COMPANY SOLICITORS, a law firm in Kilmarnock which raked in £119,100 of taxpayer funded legal aid for 2009-2010 has been forced to call in the Police after it was revealed in an audit that the firm appears to have lost up to £150,000 of client funds, reports the Sunday Mail newspaper. The fraud has apparently been going on for a matter of months, with money being taken from some client accounts while other clients money was used to cover up the fraud.

Philip YellandLaw Society of Scotland’s Philip Yelland, in charge of weak regulation of crooked Scottish lawyers for over 20 years. Earlier today, legal experts blamed the dismal level of regulation of Scotland’s legal profession which is supposedly regulated by both the Law Society of Scotland and the anti-client Scottish Legal Complaints Commission (SLCC). However, once again, clients of Scottish solicitors are suffering huge financial losses because of poor regulation and poor oversight of both solicitors and their staff who are targeting the myriad of client accounts held by their law firms, accounts which are often poorly policed by the solicitors who control them and the Law Society of Scotland who are supposed to regulate & audit them.

In just one of the cases brought to the attention of Diary of Injustice over the past year, an apparently small but well known law firm in the Scottish Borders was found to have dozens of bank accounts where client funds had been lost on a regular basis and worse still, one of the solicitors in the law firm has, according to information seen by Diary of Injustice, 23 different bank accounts in different banks & different names, some using variations of his own name, others allegedly in his family members name with control signed over to him.

In the latest reported case of £150,000 of missing client finds, neither the Law Society of Scotland or the Scottish Legal Complaints Commission have issued any public statement.

While the Police have been called in by the law firm, Bell & Co Solicitors, readers will be well aware of the ‘difficulties’ in law firm fraud cases getting to court. Regular readers of Diary of Injustice will also by now be familiar with the notoriously weak client protection scheme offered by by the Law Society to pay out missing client funds, known as the Guarantee Fund, covered in an earlier article, here : Law Society's 'Guarantee Fund' for clients of crooked lawyers revealed as multi million pound masterpiece of claims dodging corruption

The Scottish Legal Aid Board (SLAB) was asked for input on this story and whether it was concerned over the revelations a firm on its books has suffered a fraud. As yet no response has been forthcoming from SLAB.

The message is clear, the Law Society of Scotland has failed yet again to keep tight financial controls on client funds and an effective regime of enforcement which would prevent client fund accounts being looted in Scotland on a daily basis by solicitors and their office staff. If you as consumers want to protect your own funds & assets, you would be advised to withdraw them from your solicitors control and their law firm, immediately.

The Sunday Mail reports on Bell & Company of Kirmarnock :

Law firm call in the police after £150k goes missing

Aug 14 2011 Derek Alexander, Sunday Mail

A LAW firm have called in police after large sums of clients' cash went missing.

An audit of accounts at Bell & Company Solicitors found a six-figure sum, which legal sources say could be as high as £150,000, was missing. Now detectives plan to question a female member of staff who has been absent from work since the black hole in the accounts was revealed.

The Kilmarnock firm, run by lawyer Susan Bell, contacted the police last month. They have also contacted the Law Society of Scotland about "financial irregularities".

Fraud squad officers will investigate claims that legal documents were forged and clients' mortgage and loan repayments falsified over a period of months. Law firms hold money in account for their clients during legal transactions including house purchases.

A source said: "This is a serious situation. It will affect clients who had hoped to either use money to buy a house or pay off their existing loans. The cash is no longer there for them. It appears the money was disappearing from the clients' account for a few months and the holes were being plugged but with other clients' cash. It was only matter of time before it was discovered."

Ms Bell said last night: "On July 19, I discovered apparent irregularities in my firm's client account. A member of staff, who was not a solicitor, was suspended immediately. Following disciplinary proceedings, her employment was terminated."

Monday, August 15, 2011

Alex Salmond appoints ex-Lord Advocates Angiolini (threatened media in abuse case) & Fraser (arrested on plane) to Ministerial complaints team

Alex_Salmond First Minister Salmond ‘delighted’ to welcome controversial ex Lord Advocates onto standards team. TWO highly controversial former Lord Advocates, one, Lord Fraser of Carmyllie, who was arrested at Dundee Airport in 2006 for a breach of Article 78 of the Air Navigation Order 2005, which related to "acting in a disruptive manner" and former Lord Advocate now Dame Elish Angiolini DBE QC, who threaded several media outlets with legal action over the reporting of allegations connoted with an abuse case involving downs syndrome victim Hollie Greig, have both been appointed by First Minister Alex Salmond as independent advisors to complaints made under the Ministerial code, the body which deals with complaints about the First Minister, which has seen three such complaints dealt with and closed with no action since 2008.

Profile : Lord Fraser of Carmyllie :

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

With regard to the in-flight incident, the Daily Record newspaper reported the arrest of Lord Fraser of Carmyle, saying :

A LORD who was Scotland's top lawman has been arrested over an alleged air rage incident. Lord Fraser of Carmyllie was escorted off a flight by police at Dundee Airport. The Tory peer was Lord Advocate from 1989 to 1992.

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

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

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

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

Profile : Former Lord Advocate Elish Angiolini :

NMG0505123Former Lord Advocate Elish Angiolini now Dame Elish Angiolini issued interdicts, legal threats against media reporting of abuse case involving disabled child. Scots law publication “The Firm” were forced to apologise to the then Lord Advocate Elish Angiolini in 2009 after the Lord Advocate’s lawyers threatened the publication with legal action, more on the story was reported here : ‘The Firm’ censored, now apologise over Lord Advocate 'allegations' in Hollie Greig abuse scandal as Police investigate Aberdeen Paedophile ring. Complaints were also made to the Press Complaints Commission by Levy McRae which was reported here : Lord Advocate Angiolini made complaint to Press Complaints Commission over abuse claims report by Scots law title “The Firm”

Kenny MacAskill as tight lipped as everJustice Secretary Kenny MacAskill worked at the same law firm used by then Lord Advocate Elish Angiolini to threaten media outlets. Levy McRae, the law firm used by former Lord Advocate Elish Angiolini to issue interdicts & threaten Scots law publication “The Firm” & other media outlets over their reporting of allegations stemming from the Hollie Greig abuse case, was itself linked back to Justice Secretary Kenny MacAskill who had worked at Levy McRae some years ago, revealed in an earlier story here : Justice Secretary linked to Lord Advocate's lawyers after Police arrest journalist over reporting of Aberdeen Paedophile gang claims

The Crown Office & Scottish Government have deliberately obstructed Freedom of Information enquiries over how Levy McRae were paid for their services, and have failed to answer whether the law firm was paid privately or as many believe, with public funds. Scottish Law Reporter’s coverage on the case can be read HERE

First Minister Alex Salmond announces his new independent advisers for the Scottish Government’s Ministerial Code :

Ministerial Code

15/08/2011

Former Lord Advocates Lord Peter Fraser and Dame Elish Angiolini have agreed to serve as independent advisers to the Scottish Government's Ministerial Code, replacing Lord David Steel and George Reid who have demitted the post.

The Scottish Government established a system of independent advisers in 2008 to enable the First Minister to refer complaints made under the Ministerial Code. The former Presiding Officers Lord Steel and George Reid have discharged the role since 2008 - and during this time they considered three complaints against the First Minister, all of which were dismissed.In May George Reid was appointed as Her Majesty's Lord Lieutenant for Clackmannanshire, and Lord Steel indicated that he wished - after a term of three years - to demit the post of independent adviser.

First Minister Alex Salmond said : "This administration introduced independent advisers into the Ministerial Code for the very first time, and I wish to record my thanks to Lord Steel and George Reid for their service, and wish them extremely well."I am also delighted to welcome Dame Elish Angiolini and Lord Peter Fraser as new independent advisers, ensuring the continuation of the robust and transparent procedures that we have within Scotland's system of government."

Justice Secretary MacAskill appoints SNP leafleteer Moi Ali to ‘powerless’ judicial complaints role, will bent Scottish judges be held to account ?

Kenny MacAskill as tight lipped as everJudicial complaints oversight without powers, the latest window dressing exercise from Kenny MacAskill. Scotland’s Justice Secretary Kenny MacAskill has announced the appointment of Moi Ali, an author & communications consultant & leafleteer to SNP MSP Angela Constance & SNP PPC Liz Bardell at the last election, to the role of the newly created Judicial Complaints Reviewer, who will review the handling of a complaints investigation into members of the judiciary to ensure that complaints have been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011, rules which were written by the judiciary itself, waved through by Scottish Ministers & the Scottish Parliament.

The Judicial Complaints Reviewer has no powers whatsoever to consider the merits of any complaint or the disposal of the complaint. The appointment will be for a period of three years from 1 September 2011 to 31 August 2014, and will be paid a daily fee of £209. The appointment has been made with the approval of the Lord President.

Moi Ali has previously been critical of quangos such as the Equality & Human Rights Commission which she branded as letting down the very people it was set up to help in a Guardian article she authored in 2009 (Good article, lets hope she ends up telling us the Scots Judicial Complaints procedures is a big fat judicial racket – Ed)

More on how to complain about a judge in Scotland and what you can & cannot raise by way of a complaint can be found at the Scottish Judiciary website here : Judicial Complaints in Scotland

The Judicial Office for Scotland will consider any complaint about the personal conduct of judicial office holders, but cannot deal with complaints about judicial decisions or the way in which cases have been handled. The usual way to challenge a decision is to appeal. If you are considering appealing a judicial decision, we would recommend that you obtain legal advice. You can obtain such advice from a solicitor or the Citizens Advice Bureau. (Fat chance – Ed)


If you wish to complain about the personal conduct of a judicial office holder whether inside or outside of the court, you should write to:

The Executive Director Judicial Office for Scotland
Judicial Office for Scotland
1A Parliament Square
Edinburgh
EH1 1RQ or email: judicialofficeforscotland@scotcourts.gov.uk

To put matters into perspective for those who may wish to complain about a member of Scotland’s judiciary :

Sheriff Lothian scan 2How will new Judicial Complaints system handle hooker using Scottish judges who were subject to secret judicial snooping files ? Anyone who now complains about a judge, say for example, one who has rigged a verdict in a case where they or a relative have an undeclared financial interest, or the conduct of a sheriff who may have paid corrupt Police Officers to harass an opponent of a colleague or client of their own law firm, or even perhaps a member of the judiciary purchasing illegal pornography from the US via their wife’s credit card, will just have to be content with the ruling on the complaint from the Lord President, which will be  … “no case to answer”, because the Judicial Complaints Reviewer has no powers to alter any decisions in judicial complaints - (Just goes to show, if you want to complain about a Scottish judge, and have the evidence, go to the media and get some large headlines ! – Ed)

MacAskill announces powerless Judicial Complaints Reviewer @ £209 a day

Judicial Complaints Reviewer
12/08/2011

Cabinet Secretary for Justice Kenny MacAskill today announced the appointment of the first Judicial Complaints Reviewer.

moi aliMoi Ali is an author and Communications Consultant who has written a number of best selling books on public relations and marketing. She spent seven years on the Nursing and Midwifery Council, the world's largest healthcare regulator, where latterly she was Vice President and has also served two terms on the Board of Postwatch. Currently Moi is a member of the Lord Chancellor's review bodies, which investigates complaints about judges and magistrates and a member of the management board of Education Scotland.

Moi is a Governor at Edinburgh Napier University and a Public Appointments Ambassador for the Cabinet Office, which involves encouraging a more diverse range of applicants for public appointments. She is also a member of the Scottish Ambulance Service Board with a remuneration of £8,008 per annum. Moi brings a strong background in complaints handling and commitment to improving standards in public life to the post of Judicial Complaints Reviewer.

This is a new appointment, established by the Judiciary and Courts (Scotland) Act 2008 to review, when asked, the handling of a complaints investigation into members of the judiciary, to ensure that it has been dealt with in accordance with the Complaints about the Judiciary (Scotland) Rules 2011. The Reviewer has no powers to consider the merits of any complaint or the disposal of the complaint.

The appointment will be for a period of three years from 1 September 2011 to 31 August 2014, and will be paid a daily fee of £209. The appointment has been made with the approval of the Lord President.

All appointments are made on merit and political activity plays no part in the selection process. However, in accordance with the original Nolan recommendations, there is a requirement for appointees' political activity within the last 5 years (if there is one to be declared) to be made public. Ms Ali has helped to deliver leaflets for SNP MSP Angela Constance in the run up to Scottish elections and SNP PPC Liz Bardell during the last general election.

Saturday, August 06, 2011

Ruling awaited in 16 year civil damages claim against Motherwell College and North Lanarkshire Council

Motherwell CollegeFinally, after some 8 weeks of hearings over a period of almost 2 years, a ruling is awaited regarding a workplace injury which occurred in 1995.  Yet questions remain over who or what delayed a civil damages claim for approximately 16 years against scandal hit Motherwell College. A RULING from Scotland’s Court of Session is awaited in what is the longest case of its kind on record - and which has taken SIXTEEN YEARS out of the life of Mr Martin Wilson, a Music Lecturer who suffered severe back injuries after help was denied to him in the course of his duties by its now former Principal Richard Millham. Mr Millham was dubbed a “Bully Boss” by national newspapers after Motherwell College lost a string of unfair dismissal claims brought by College staff, one of several unanimous decisions by Employment Tribunals confirming that Mr Wilson was Unfairly Dismissed while on long term sickness leave.

Lord WoolmanLord Woolman is the presiding judge in the present claim of  M.Wilson v North Lanarkshire Council & Others (A1628/01). Investigations reveal the case has already generated thousands of pages of transcripts, numerous hearings where internationally acclaimed expert medical witnesses from the UK and abroad disputed the testimony of Motherwell College’s own ‘experts’, with many legal observers stating the case could have been resolved years ago and appears to have been prolonged solely for the purpose of generating massive bills for legal fees from Motherwell College - paid in turn out of taxpayer funds.

An in depth investigation into the case, compiled with the help of observers to the legal proceedings and senior legal insiders, berated Motherwell College and its legal representatives for wilfully delaying for THIRTEEN YEARS after Mr Wilson’s injury before commissioning an expert ergonomics report in this manual handling claim, and then only after Mr Wilson had managed to gain access to the defenders premises - something no fewer than four 'normally reliable' firms of solicitors previously 'representing his best interests' had failed to do during the  THIRTEEN YEARS since the summons was served on Motherwell College.

Damning evidence from interviews with legal observers to the proceedings has revealed instances where despite the court suggesting the defenders make the “expert ergonomics report” available to Mr Wilson as soon as possible, the legal agents acting for Motherwell College - Simpson and Marwick - withheld the report until approximately 72 hours before the Proof was scheduled to begin in June of 2008, and then only handing it over on Court premises during a procedural hearing before Lord Penrose.

After being told of the report being withheld from the pursuer, Lord Penrose claimed that the defenders had been “playing fast and loose with due process in an attempt to gain an unfair advantage” and “had rendered the scheduled proof hearing unsafe”. Lord Penrose then invited Motherwell College representatives to apply for a postponement, which they did, and despite the party litigant being prepared to continue regardless - he had paid for distinguished expert witnesses to travel from destinations as far afield as the Western United States.

Taking the defenders legal representatives conduct into account, Lord Penrose described the situation as 'unfortunate' yet amazingly, no penalty was imposed on the defenders and these tactics, widely viewed as cynical delaying tactics, led to a further delay of over a year, the hearings finally getting started in November 2009 at the Court of Session under Lord Woolman. Later that month, and only after the Proof had begun, a ruling in the case brought about Scotland’s first Civil Law McKenzie Friend to appear in the Court of Session - a request which had previously been refused on more than one occasion.

Hearings in the case continued, according to court observers “sporadically” and one year later in November 2010 Motherwell College’s legal team told the court they were withdrawing their “expert ergonomics report” and would not be relying on it,.leading many observers to view the defender’s case as being “unsustainable”.

It can also now be revealed that out of a total of some SIXTEEN LAY WITNESSES to be called by Motherwell College, only FOUR eventually appeared, and none of those included the key player in Mr Wilson’s earlier successful Employment Tribunal Decision against the College, it’s disgraced former Principal, Richard Millham.

Astonishingly the defenders also suddenly decided at the last minute in January 2011 not to call the College's former Health and Safety Officer -  in a manual handling claim! - a consequence perhaps of the defenders failure to produce a single risk assessment or manual handling record. Observers to hearings of the case described the testimony of Motherwell College’s expert witnesses as “lacking any credibility whatsoever”, “highly scripted”, and “unusually combative”.

North Lanarkshire Council & Motherwell College were represented in court by Edinburgh law firm Simpson & Marwick. Senior Counsel for Simpson & Marwick was Ian MacKay QC, Junior Counsel was Calum Wilson both of Compass Chambers.

College's 300K Bully Bill Sunday Mail June 15 2003Motherwell College squandered £300K of taxpayers money fighting a string of Tribunal hearings involving bullying allegations against lecturers which the College lost. A number of media reports, referred to in earlier coverage, show Motherwell College were involved in a string of Employment Tribunal decisions the college lost during Richard Millham’s term as Principal of Motherwell College. Allegations in newspapers including the Sunday Mail reported that “In 1999, lecturer Martin Wilson won £4000 after a tribunal ruled he had been unfairly fired. He had a back injury and could not work. A close friend said : "He was targeted by Millham. There was a strong climate of fear, which is still there ."  We reported in earlier coverage that : “From 1995-1998 Motherwell College opposed Mr Wilson's claim for Unfair Dismissal while on long term sickness leave and lost, to a unanimous decision. Undeterred Motherwell College appealed the decision, and lost again. This was the first of several high profile Employment Tribunal cases lost by the Board of Management of Motherwell College, often to unanimous decisions against it.”

Law Journalist Peter Cherbi’s Diary of Injustice law blog also investigated the case, revealing in an article HERE that Marsh UK, the UK subsidiary of the US insurance firm Marsh & McLennan companies which saw some of its directors plead guilty as a result of an investigation by the New York District Attorney's Office of bid-rigging and price-fixing in the insurance industry had been linked to the case, after North Lanarkshire Council released details in response to a Freedom of Information request confirming it had recently taken on Marsh UK as its insurers.