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

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

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

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

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

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

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

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

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

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

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

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

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

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

The report from the Daily Mail newspaper :

MSP in probe over her election expenses

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Profile : Former Lord Advocate Elish Angiolini :

Former Lord Advocate Elish Angiolini, now independent adviser to First Minister Alex Salmond is caught up in Scotland’s longest running most expensive Breach of the Peace charge against anti-abuse campaigner Robert Green. The RECORD TWO YEAR CASE against anti-abuse campaigner Robert Green, revolving around a public campaign for justice for Hollie Greig, a downs syndrome victim who is alleged to have been abused by an Aberdeen based paedophile gang, is about to hit it’s THIRD YEAR under Sheriff Principal Bowen and a collection of Crown Office prosecutors, is reported to have already cost taxpayers over HALF A MILLION POUNDS and with a witness list of 61 individuals, is set to hit £1 MILLION in 2012. Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasogw law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Profile : Lord Fraser of Carmyllie :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reporting on the background of the case, Robert Green was arrested by Police on 12th February 2010 in relation to a breach of the peace alleged to have been committed in Aberdeen when Mr Green attempted to hand out leaflets regarding the anti-abuse campaign. It was also revealed the then Lord Advocate, now Dame Elish Angiolini had employed private law firm Levy McRae to serve interdicts on Mr Green in connection with his campaign to ‘out’ alleged abusers of downs syndrome victim Hollie Greig. Glasogw law firm Levy McRae who later represented shamed former Glasgow City Council Boss & Cocaine addict Steven Purcell, proceeded to threaten several media outlets & journalists over their reporting of the case, covered by Scottish Law Reporter HERE & HERE. The Purcell scandal caused some newspapers to ‘evaluate’ their relationship with Levy McRae, details of which were featured in a report here : HERE

Justice Secretary Kenny MacAskill worked at same law firm used by then Lord Advocate Elish Angiolini in interdict case. As details of the case began to be reported in the wider press, it emerged the Scottish Justice Secretary, Kenny MacAskill has personal links to LEVY MCRAE, the law firm employed by the then Lord Advocate Elish Angiolini in legal action against Mr Green. Mr MacAskill has made no comment on the fact he served his apprenticeship at Levy McRae and also worked at the firm for a considerable time during his years as a solicitor before he entered politics, while he is thought to have backed Dame Angiolini in her actions at the time. The revelations were reported by Scottish Law Reporter at the time, HERE.

The Crown Office have consistently REFUSED to respond to Freedom of Information requests asking for details of how much public money was spent on legal representation for the then Lord Advocate Elish Angiolini. However, earlier today sources close to the Crown Office condemned the huge cost of the operation against Mr Green on the single breach of the peace charge, claiming the level of expenditure by multiple public bodies & law enforcement was unsustainable & unjustified for a simple breach of the peace.

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

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

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

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

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

The ICO reports :

Advocate’s legal files lost after unencrypted laptop theft

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Sunday Mail newspaper reported on the Blair Wilson arrest :

LAWYER HELD BY JAIL DRUG COPS

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

Oct 9 2011 Exclusive by Stephen Stewart, Sunday Mail

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Sunday Herald reports :

‘Scottish court system is anti-English’

EXCLUSIVE BY LUCY ADAMS 20 Nov 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Sunday Herald reports :

Parliament staff offered lessons in how not to be religious bigots

exclusive by Paul Hutcheon

20 Nov 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Scottish Government issued a Press Release on the report :

Detailed analysis of religious hate crime

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

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

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

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

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

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

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

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

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

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

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

BACKGROUND TO HISTORICAL SECTARIAN STATISTICS IN SCOTLAND

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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