Salmond uses SNP Holyrood majority to ‘railroad’ through vote on Offensive Behaviour at Football and Threatening Communications (Scotland) Bill

What Salmond wants, Salmond gets - More Catholics & religious minorities in Scottish jails to fiddle the crime stats. The Offensive Behaviour at Football and Threatening Communications (Scotland) Bill (link varies due to creepy Holyrood tactics of moving the page on instructions from SG –Ed) which aims to tackle sectarian crime in Scotland in a rather limited & badly worded way, has today been passed by 64 votes to 57 in the Scottish Parliament with the SNP controlled Scottish Government using their Parliamentary majority to vote the controversial bill into law. During the debate, the Scottish Parliament showed some typical sectarianism itself by banning a group of Celtic football supporters who attended the public gallery, on the reason they were wearing white t-shirts bearing in single letters across each supporter the words "fans not criminals".

Scottish Law Reporter covered the issue earlier today HERE where Police Forces across Scotland & the Crown Office will now be looking forward to arresting more Roman Catholics in an effort to even–up the statistics on Sectarian Crime in Scotland, and you can read more of our coverage here : Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and on sectarianism in Scotland.

Don't forget our report of earlier in the week which caused a stir : ‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

Scottish Government fear Sectarian attacks against Catholics and other religious minorities may endanger EU view of independent Scotland. ON Wednesday of this week, whether Church burning anti-catholic Scots and the rest of us want it or not, the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill better known as the Scottish Government’s anti-sectarian legislation aimed at targeting insulting songs at Football matches, will be waved through into law by the SNP’s majority vote in the Scottish Parliament (no doubt after a tumultuous debate) on the pretext of strengthening the powers of the Crown Office & Police to prosecute rising numbers of sectarian attacks against Roman Catholics and other religious minorities in Scotland.

SLR’s report revealed claims one of the motivations for the destruction of the Historical Sectarian Crime Data at the Crown Office was because the Scottish Government are worried the prospects of an anti-Catholic institutionally sectarian and institutionally racist Independent Scotland would be refused EU membership by the predominantly Catholic European Union. The report also laid forth claims from COPFS insiders that everyone from Police to Hospital workers & staff of public bodies have been indulging on online sectarian hate postings.

BBC News reports on the passage of the bill :

Anti-bigot laws passed by the Scottish Parliament

New laws to tackle religious hatred and bigotry related to football have been passed by the Scottish Parliament, despite a lack of opposition support. The new Act aims to tackle the issue with jail terms of up to five years for behaviour which could cause public disorder in and around matches.

But Labour, the Tories, Lib Dems and the Scottish Greens said the bill was "railroaded" through by the SNP. They said it was "bad law which risks doing more harm than good".

Despite opposition, the majority SNP government's Offensive Behaviour at Football and Threatening Communications Bill was passed by 64 votes to 57. The legislation, which has won backing from police and prosecutors, aims to stamp out abusive behaviour, whether fans are watching matches in a stadium, in the pub or commenting online.

Earlier, about 20 football supporters wearing t-shirts bearing the slogan "fans not criminals" were excluded from the Holyrood chamber after parliament bosses told them they were only allowed in if they took them off.

The legislation will create two new offences relating to behaviour deemed to "incite religious, racial or other forms of hatred".

Community Safety Minister Roseanna Cunningham said she was pleased the legislation would soon become law. She said: "This bill sends out an important message about the kind of Scotland we want to live in, because the vast majority of people in this country have no time whatsoever for the kind of mindless bigotry that has attached itself to the small minority who only damage and undermine our beautiful game - or those who peddle hatred by sitting behind a computer screen posting threats of harm on the internet. This is the 21st century, and this kind of behaviour is simply not acceptable, so action had to be taken. The passing of these important new laws sends out a powerful message to the bigots that this behaviour will not be tolerated in a modern Scotland."

Ms Cunningham added: "There has been a lot of debate in recent months about this legislation, but we've listened, we've acted, and the experts are firmly behind it. Scotland has shown the courage of its convictions and has taken the action needed."

The bill was brought forward in the wake of several high-profile football-related incidents, including trouble at Rangers and Celtic games.

All four opposition parties at Holyrood and independent MSP Margo MacDonald released a joint statement.

It said: "Members of all political parties are determined to wipe the blight of sectarianism from Scottish society. It is of real regret that the first piece of legislation passed by this new parliament has been railroaded through by the SNP. The SNP has used its majority to force through bad law that risks doing more harm than good. It sets a worrying precedent for this parliament."

The opposition statement added: "The SNP has failed to make the case for the legislation both in parliament and out - with football fans, religious organisations, anti-sectarianism organisations, children's charities, the Law Society, the Human Rights Commission, the Scottish Justices Association all raising genuine concerns with the SNP legislation. We believe a far more effective response is to focus on education and young people, working with the churches and football authorities on positive, practical, evidence-based measures that tackle the root causes of sectarianism as well robust application of existing laws."

Dave Scott, campaign director of anti-bigotry pressure group Nil By Mouth, said: "The debate around this bill has polarised the political parties but it has now become law and only time will tell how effective and enforceable it proves to be. However sectarianism goes far beyond football and facebook."

What does the bill do?

It creates two new offences - one dealing with offensive behaviour relating to football games, and a second on threatening communications.

Penalties range from a £40 fixed fine to a maximum of five years in prison and an unlimited fine.

The first offence deals with sectarian and other offensive chanting and behaviour likely to cause public disorder.

It covers conduct around football matches, inside grounds, and those travelling to and from stadiums - as well as fans watching games elsewhere, for example in pubs or on big screens outdoors.

In law, the legislation aims to take into account "expressing or inciting religious, racial or other forms of hatred" and "threatening behaviour or behaviour which would be offensive to any reasonable person".

It also creates potential for the imposition of football banning orders in every case.

The second offence deals with serious threats - including murder - made on the internet and elsewhere, and threats intended to incite religious hatred.

That would take in posts on sites such as Facebook and Twitter, as well as specific websites, and actions such as sending bullets or images depicting serious harm in the post.

Scottish ministers say the legislation will not stop peaceful preaching or artistic performance, nor will it criminalise satirical jokes about religion or non-religious belief.

They also insist it will not stop peoples' right to criticise religion or non-religious beliefs, "even in harsh terms".

Decisions on sentencing in each case are a matter for the courts.

SNP Scottish Govt’s £4 million+ McKie Fingerprint Inquiry results in apology over evidence attributed to ‘Human Error’, and no prosecutions (so far)

THE FINGERPRINT INQUIRY, set up by the Scottish Government to look into the case of former Strathclyde Police Officer Shirley McKie who was accused of leaving her fingerprint at a crime scene has found the fingerprint evidence wrongly identified Ms McKie.

The inquiry, led by former Northern Ireland judge Sir Anthony Campbell which has cost taxpayers a projected £4 million, went onto find the case involving the misidentification of fingerprint evidence was down to “Human Error” and there was “nothing sinister” at work in the case which saw the former Police Officer accused of perjury, being cleared by a jury and later awarded £750,000 in compensation over the bungle.

The Fingerprint Inquiry report can be downloaded at the following links :
The Fingerprint Inquiry Report (high resolution PDF, 19.4 Mb)
The Fingerprint Inquiry Report (low resolution PDF, 3.98 Mb)

BBC News, reporting on the Inquiry’s findings said : Among the key recommendations was that "fingerprint evidence should be recognised as opinion evidence, not fact". Examiners, he said "should discontinue reporting conclusions on identification or exclusion with a claim to 100% certainty".

The inquiry also recommended that examiners should receive training which emphasises that their findings are based on personal opinion and that these differences should not be referred to as "disputes".

Sir Anthony said that "a finding of identification should not be made if there is an unexplained difference between a mark and a print".

He also recommended that the Scottish Police Services Authority (SPSA) - which now incorporates the former SCRO "should develop a process to ensure that complex marks, such as those in the McKie case, are treated differently".

Following publication of the inquiry report, Tom Nelson, director of forensic services at the SPSA, said the organisation had apologised directly to Shirley McKie and her family.

Mr Nelson said: "As an organisation, we accept the findings of the inquiry and we expect all of our staff members to do the same. We accept that Shirley McKie did not make the mark known as Y7. We have today apologised directly to the McKie family for the errors that took place in the late 1990s and for the subsequent pain that has caused them."

Following Mr Nelson's apology, Iain McKie, Ms McKie's father, said: "He just apologised on behalf of the SPSA. He accepted the recommendations of the report in full. He apologised to Shirley and myself and our family for the mistakes that were made in the past. Its an extremely important apology because it's the first time I have ever heard anyone say sorry. This is the first real apology that has been made in 14 years. I feel I can move forward myself now."

The cost of the Fingerprint inquiry was revealed in response to a Parliamentary question lodged by Scottish Labour leadership contender MSP Ken Macintosh who is known to have represented some of the former SCRO officers caught up in the McKie scandal. Mr Macintosh previously commented on the inquiry’s use of public funds saying “This is really not the best use of that amount of money.” Justice Secretary Kenny MacAskill, responding to questions lodged in the Scottish Parliament from the Labour msp confirmed that the estimated spend on the Fingerprint Inquiry to March 31, 2010 was £3,399,400. But he added: “Projected total cost is £4,014,126, based on the total to date and projected future expenditure estimated by the Inquiry.”

The spend on the inquiry was also criticised by the then Tory Justice spokesman Bill Aitken who said “This is a serious amount of money and it could have been better spent. It is high time that we moved on from this issue.” Mr Aitken however was forced to resign his position on the Justice Committee and left the Scottish Parliament in disgrace after attempting to blame the Herald newspaper for comments he made in relation to a rape crime in the centre of Glasgow.

One of those weirdly anonymous Scottish Government spokesman commenting on criticisms of the inquiry’s expenditure said at the time : “It is important to establish the full facts and, where necessary, learn lessons to prevent anything similar happening again. The priority is the integrity of Scotland’s justice system.”

The Scottish Government’s Press Release : Fingerprint Inquiry 14/12/2011

Justice Secretary Kenny MacAskill said today he believed the detailed findings of the three year public judicial inquiry into the Shirley McKie fingerprint case would further enhance the delivery of Scotland's forensic services.

Sir Anthony Campbell published the detailed report of his Inquiry into Fingerprints in Scotland today.

The public judicial inquiry was established in March 2008 by the Scottish Government, with a remit to:

Inquire into the steps that were taken to identify and verify the fingerprints associated with, and leading up to, the case of HM Advocate v. McKie in 1999

Determine, in relation to the fingerprint designated Y7, the consequences of the steps taken, or not taken

Report findings of fact and make recommendations as to what measures might now be introduced, beyond those that have already been introduced since 1999, to ensure that any shortcomings are avoided in the future

Mr MacAskill said: “This is a comprehensive and detailed report and I would like to thank Sir Anthony Campbell and his team for their dedicated work on the Fingerprint Inquiry. For well over a decade, the Shirley McKie case has cast a shadow of uncertainty and suspicion over the individuals involved and the wider Scottish criminal justice system. Though previous reviews had helped address some key issues, they had not resolved them all. This government was firmly of the view that as long as some matters remained unresolved, and public concern remained, that the right and proper action was to establish an independent public judicial inquiry into the case.”

The Justice Secretary continued : "Scotland's Criminal Justice system is a cornerstone of our society, and it is paramount that there is total public confidence in it. Though there is a lot to digest in Sir Anthony's report, I believe that the Fingerprint Inquiry has brought to an end the many years of uncertainty surrounding the Shirley McKie case and has, I sincerely hope, brought welcome closure to those involved. We should all recognise that there have been significant advances in the delivery of Scotland's forensic services since the McKie case, and I am confident that the recommendations from this Inquiry will further enhance these services. We said when we set up this inquiry that it was not intended to try or retry any individual for events of the past, nor to challenge the decisions of the prosecution, the defence or the courts in relation to any of those events. It was to open up and understand those events and to learn from them to ensure that Scotland has a fully efficient, effective and robust approach to the identification, verification and presentation of fingerprint material. Sir Anthony's report delivers on this and gives all those involved the clear basis for moving forward with a system that commands full public confidence."

The Rt Hon Sir Anthony Campbell was one of the most senior judges in Northern Ireland at the time he was appointed to chair the Inquiry. He was educated at Campbell College, Belfast and Queens' College, Cambridge, called to the Bar of Northern Ireland (NI) in 1960 and to the Bar of England and Wales by Gray's Inn in the same year. From 1971 he was Junior Counsel to the Attorney General for NI until 1974 when he took Silk and Senior Crown Counsel from 1984-1988. He was a judge of the High Court from 1988-1998 and then a Lord Justice of Appeal before retiring in August 2008.

Wednesday 14 December 2011 : The day Scotland’s Government gives Police powers to ‘even-up’ Sectarian Crime Statistics by arresting more Catholics

What the Crown Office wants, the Crown Office gets : A chance to arrest more Catholics to even up crime stats. The Scottish Government have earlier this morning issued a Press Release in clear confidence the SNP majority will wave through the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which aims to deal with Scotland’s secret sectarian menace by allowing Scottish Police Forces to arrest & prosecute more Roman Catholics to even up the sectarian statistics after an earlier set of figures revealed most sectarian crimes in Scotland targeted Catholics. The historical data on sectarian crimes in Scotland which would have revealed even more shocking figures of religious hate crimes against Roman Catholics & other religious minorities was so shocking, political orders were issued to the Crown Office to destroy it before the substance of the figures could be debated by academics & politicians who called for its release.

Sectarianism is the unmentionable problem of Scotland which First Minister Alex Salmond’s SNP Government are afraid of accurately documenting due to their own assessment that revealing the sheer scale of Scotland’s sectarian problem may skew the predominantly Catholic European Union’s view of an independent Scotland asking for EU membership. There is also now no doubt Sectarianism in Scotland has grown because successive Scottish administrations from ALL political parties have systematically failed to deal with sectarianism due to its appearance and possibly participation in by all levels of Scottish society including members of law enforcement & the justice system.

While some many welcome today’s attempt to tackle the problems, many observers feel the issue of tackling sectarianism via the new bill has become one of pure spin rather than tackling actual crime & sectarian sentiment which appears to run rife in Scotland. The passage of the bill has seen the First Minister and the SNP Government genuflecting before Strathclyde Police & Scotland’s Crown Office & Procurators Fiscal Service (COPFS) to give dream powers which criminalise everything short of standing in silence watching a football match.

The Scottish Government’s Press Release, issued prior to the debate & vote in the Scottish Parliament.

Offensive behaviour at football

Scotland must have the courage of its convictions and give the police and prosecutors the additional tools they have asked for to extract 'poisonous songs of hatred' from Scottish football and threats of harm being posted on the internet, Roseanna Cunningham said today.

The Minister for Community Safety was speaking as the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill reaches its final stage in Parliament this week.

The Minister reiterated that the vast majority of football fans at all clubs have nothing to fear from the new laws but said that the 'bigoted minority' who continue to sing offensive sectarian hatred in the name of football and who cause the public disorder which follows it should not be allowed to 'shame Scotland any longer'.

Ms Cunningham said that the experts are firmly behind the Bill and it was now time for 'common sense to prevail'. She said: "Sectarianism shouldn't be part of a modern Scotland and we need to do everything we can to eradicate it once and for all. To put it quite simply, it will not be tolerated. We must remember why we are acting. Songs are being sung at football matches in Scotland which have nothing to do with football and everything to do with hatred, violence and bigotry. Bombs have been sent through the post to individuals because of their links to particular football clubs, and death threats against a football manager posted on the internet. The offensive chanting of a minority of fans has already led to UEFA taking action against two Scottish clubs and the actions of these fans has brought shame on Scotland.

"The police and the Lord Advocate, the most senior law officer in Scotland, have asked for better tools to do their difficult job. The issues we seek to address did not just emerge in the last football season. The status quo which allows poisonous songs of hatred to be sung at Scottish football matches or threats of serious harm to be posted on the internet has gone unchallenged for too long and cannot be allowed to continue. It is time to extract the poisonous hatred from Scottish football. Banter and passionate support for football teams, even passionate opposition to other football teams, is the lifeblood of football - sectarianism and other expressions of hate are not. The experts remain firmly behind this Bill and Scotland must now show the courage of its convictions and take the action needed. Common sense must now prevail. The well-behaved fans of all clubs, who are the vast majority, have nothing to fear from a Bill which will make Scottish football and society better. This comes down to a choice. 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 that this behaviour is not going to be tolerated any longer."

Supportive comment for the Scottish Government's proposals:

Assistant Chief Constable Campbell Corrigan, Strathclyde Police: "My view on this is quite clear. I support this legislation because it seeks to deal with a problem that we know that we have. We do have people behaving inappropriately in and around football matches and we do still hear songs being sung that have nothing to do with football and everything to do with hatred, religion and terrorism." (6 October 2011)

Lord Advocate (letter to Justice Committee, 1 November): "I fully endorse the introduction of specific offences relating to offensive behaviour at football matches and threatening communications. The offences will provide an invaluable tool for the police and prosecutors to target and tackle the unacceptable behaviour that has been associated with football." (1 November 2011)

Henry McLeish: "I applaud the legislation because this is besmirching Scotland's reputation. There is no doubt in my mind there are excesses in Scottish Football, a darker side we must get rid of. I make no apologies about that. We have to be tough. If we want this kind of warmer, friendlier game we need to tackle these excesses. And in that that case Alex Salmond is right, this is an embarrassment to Scotland" (8 December 2011)

Ian Galloway, Convener, Church and Society Council, Church of Scotland: "The Bill has been amended and improved; we have been able to engage with it, as have a range of other organisations. The consideration and debate about the issues related to the Bill have been important I think in moving Scotland forward." (December 2011)

Bishop Philip Tartaglia, Catholic Church: "I share the concerns of the Scottish Government that sectarianism should be eradicated from Scottish society. Fears that the wide remit of the 'Offensive Behaviour Bill' might impinge on the freedom to hold and express otherwise inoffensive views appear to have been recognised and are being addressed." (7 October 2011)

Stewart Regan, Chief Executive, SFA: "The Scottish FA welcomes the new Bill as tangible evidence of the success of the Joint Action Group. In particular, we are pleased to see that it covers sectarian and other forms of unacceptable chanting and threatening behaviour." (17 June 2011)

Scottish Premier League: "It is clear that offensive and threatening behaviour has no place in Scottish football and the SPL will continue to work with all members of the Joint Action Group to address this issue. On the day the fixtures for the new Clydesdale Bank Premier League season are announced, we would hope that Scottish football is in the headlines for the right reasons this season." (17 June 2011)

Pat Nevin, football commentator: "I'm personally delighted that the Parliament are going down this direction: it's been a long time overdue for me and the problem has been in Scotland, particularly the West of Scotland for a number of years". (17 June 2011)

Les Gray, Chairman of Scottish Police Federation: "Now, if somebody's going to tell me that the current situation is working fine then these people are living in cloud cuckoo land because it's not working fine."(12 December 2011).

Paul McBride QC: "I think this is the most important legislation to be passed in Scotland in the past 30 years, because it deals with a problem we absolutely have to solve". (18 June 2011)

Craig Brown, Manger of Aberdeen FC and Former Scotland Boss: "I don't think there is anyone who could dispute the benefit of this. This is something that has to be commended." (18 June 2011).

Justice Committee - September 13

SFA: "We have found the joint action group process to be helpful in examining the governance structure of football in the context in which we are meeting. We all want to improve matters and to see a redefining of the acceptable parameters of behaviour within stadia and Scottish football. We are here to give full support to the bill."

Chief Superintendent David O'Connor (Association of Scottish Police Superintendents): "The legislation could be applied to football or beyond football. We have to deal with a variety of legislation - the whole legislative framework must be taken into consideration. However, we are looking for something that will help us and that will be another string to the bow in dealing with the challenges of football."

Written Submissions to Justice Committee by August 26

Association of Chief Police Officers in Scotland Football Sub Group: "ACPOS Football Sub Group fully support the introduction of legislation which is specifically enacted with the intention of tackling offensive behaviour at football. There is clearly a variety of statutory legislation already in existence which can be utilised, however this does not always fit with the variety of different incidents now witnessed throughout the football environment."

Equality and Human Rights Commission Scotland: "We welcome the Scottish Government's commitment to challenging sectarianism in Scotland."

Equality Network: "We welcome the policy intention of the Scottish Government to address the problem of the expression and stirring up of sectarian and other hatred, in relation to football, and to address incitement to violence and hatred through online and other communication".

Detail on Bill:

The Bill provides for two new offences: Offensive Behaviour related to football and Threatening Communications.

OFFENCE A - "OFFENSIVE BEHAVIOUR"

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder. The offence covers behaviour likely to lead to public disorder:

Expressing or inciting religious, racial or other forms of hatred. Threatening behaviour or behaviour which would be Offensive to any reasonable person. Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches. Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case. Also covers anywhere a match is being broadcast in a public place, and travel to and from such places. Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of 5 years in prison and an unlimited fine.

OFFENCE B - "THREATENING COMMUNICATIONS"

Intended to deal with threats of serious harm and threats which incite religious hatred.
The offence covers:

Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm). Threats intended to incite religious hatred. It is a defence that the behaviour was in the situation "reasonable". This is intended to exclude artistic performance etc. Maximum penalty of 5 years in prison and an unlimited fine.

The offence will NOT:

Stop peaceful preaching or proselytising. Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even in harsh terms. Criminalise jokes and satire about religion or non-religious belief.

Homicide in Scotland soars 19% yet Justice Secretary MacAskill’s statement omits any mention of sectarian or racially motivated murders

No problems here ? MacAskill’s statement contains no references to sectarian or racially motivated homicides yet at least SEVEN cases are suspected of having some level of sectarian motivation. With today given over to the Scottish Parliament’s wave through via the SNP majority of the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, the Scottish Government obviously felt it a suitable day to bury other bad news, namely the soaring murder statistics in Scotland which, strangely enough in a country where Roman Catholic churches have been desecrated & burned, letter bombs have been sent to high profile Catholic public figures & football supporters, and Catholics appear to be treated with a clear level of bias to the point of facing the statistical likelihood of being imprisoned more than other religious denominations, the desperate need to pass today’s much mocked & badly worded anti-bigot bill to tackle such sectarian crimes does not apparently extend to tackling sectarian murders in Scotland where there is NOT ONE single mention or admission of any sectarian or racially related murders in the Justice Secretary’s considerably long, defensive statement on the Homicide statistics.

The full report on Homicide statistics for the past year can be read online here : Statistical Release Crime and Justice Series: Homicide in Scotland, 2010-11. SLR’s report on Scotland’s sectarian crime statistics is HERE which were published in a vague format, after the historical figures showing much more detail including it is thought sectarian related murder cases, were deliberately destroyed by Crown Office officials on political orders.

The failure of Mr MacAskill and Scottish Police Forces to admit to any sectarian related homicide in Scotland in the past year is somewhat at odds with the feelings of communities & Police on the ground, where, as Scottish Law Reporter revealed earlier this week, at least SEVEN murders in the West of Scotland this year which have been well reported in the media and are generally accepted by many to be ‘religion related’. Yet there is no mention of any of this in the official statistics, on a day when the SNP controlled Scottish Government claims they are tackling sectarianism head on.

The Scottish Government’s Press Releases & Mr MacAskill’s statement :

Homicide in Scotland 2010-11

14/12/2011

Scotland's Chief Statistician today published Homicide in Scotland, 2010-11. The publication provides information on crimes of homicide as recorded by the police in Scotland in 2010-11.

The main findings are: In 2010-11, there were 95 homicide cases recorded by the police in Scotland, an increase of 19 per cent compared to 2009-10.

The 95 homicide cases recorded in 2010-11 resulted in the death of 97 victims, an increase of 18 per cent compared to the 82 victims that were recorded in 2009-10. This represented a rate of 19 victims per million population in Scotland, compared with 16 in 2009-10.

There were 77 male homicide victims in 2010-11, 79 per cent of the total number of victims recorded. The rate of male homicide victims (30 per million population) was more than 4 times the rate for female homicide victims (7 per million population).

Of the 95 homicide cases recorded in 2010-11, a total of 138 accused persons were identified. The majority (80 per cent ) of accused persons were male, with nearly half (45 per cent ) of all accused being males aged between 16 to 30 years.

The most common method of killing in the 10 year period covered by this statistical release was with a sharp instrument. In 2010-11, 61 homicide victims were killed by a sharp instrument, accounting for 63 per cent of all homicide victims recorded.

For 96 of the 97 homicide victims recorded in 2010-11, 1 or more accused persons had been identified. The police were able to establish what the relationship of the main accused was to 93 (97 per cent ) of these 96 victims. The main accused was known to 88 per cent of these 93 victims: 15 per cent of victims were presumed to have been killed by a partner or ex-partner, 16 per cent by a relative and 57 per cent by an acquaintance.

The alcohol and drug status was known for 97 (70 per cent ) of the 138 persons accused of homicide in 2010-11. Of these 97 accused, 79 per cent were reported to have been drunk and/or on drugs at the time the homicide was committed (53 per cent were drunk, 7 per cent were on drugs and 20 per cent were both drunk and on drugs). 21 per cent of accused persons were reported not to have been under the influence of either alcohol or drugs.

Strathclyde police force area, which contained 43 per cent of the estimated population of Scotland in 2010, accounted for 64 per cent (61) of all homicide cases recorded in 2010-11, increasing from 55 per cent (44) of all cases in 2009-10.

Official statistics are produced by professionally independent statistical staff. (with no political orientation, slant or bias whatsoever ! – Ed)

Booze & drugs appear to cause most homicides, and there are no religious or racially motivated murders according to ‘Higher Power’ MacAskill :

Homicide statistics 2010-11

14/12/2011

Alcohol-fuelled violence is costing lives, Justice Secretary Kenny MacAskill said today as statistics showed 97 people were victims of murder last year, with the vast majority of those accused under the influence of alcohol or drugs.

Mr MacAskill said: "Every single life lost is one too many and every murder is a horrific tragedy for families, loved ones and for communities. I take today's figures very seriously and can assure every man woman and child that this Government will continue to work tirelessly to make Scotland a safer place.

"Although the murder rate is down by 30 percent since 2004/05, last year saw a rise from 2009/10. The statistics speak for themselves - most murders are carried out indoors, under the influence of alcohol or drugs, by someone known to the victim. These senseless acts are usually carried out by men, under the influence of cheap booze and drugs.

"Police cannot patrol every home and every doorstep, but we can take steps to stop these dreadful crimes taking place. We have put 1,000 extra police in communities across Scotland and our streets are still safer, with overall crime at its lowest rate for 35 years.

"But these figures confirm what we already know - bargain basement booze can have a fatal price. We will not shirk from taking tough action on alcohol abuse and we cannot allow this mindless violence, which has devastating consequences for families and communities across Scotland, to continue.

"Scots drink more than any other part of the UK. In a society where a man's weekly alcohol limit can be bought for about £4, tackling price is nothing short of essential. Our alcohol minimum pricing Bill, which has the support of police, doctors and nurses, will end pocket money prices on cheap supermarket white ciders, lager and value spirits and save lives.

"We have invested a record £155 million in tackling alcohol misuse since 2008, introduced a ban on quantity discounts and promotions in off-sales have been restricted. Meanwhile our Alcohol Framework outlines more than 40 measures to help prevent problems in the first place and improve support and treatment for those already experiencing them.

"Today's figures also show that the vast majority of killings involving knives are carried out indoors by perpetrators under the influence of alcohol or drugs, and not on our streets.

"Let me be crystal clear - tackling knife crime is an absolute priority for this Government and Scotland's prosecutors and courts have my backing in using the full force of the law to punish anyone who carries or uses a knife.

"Tough enforcement backed by education is key to tackling knife crime. That is why just this week the Lord Advocate announced a zero tolerance crackdown on knife carrying in a pilot project targeting Scotland's town and city centres. It follows on from this summer's strengthened prosecution policy which will see even more of these offenders facing the toughest of sentences of up to four years in prison.

"Ending Scotland's knife culture is not going to be an easy task - every incident or life lost, as these tragic cases show, is one too many. However, we are working hard to tackle the problem across the country and there will be absolutely no let up in our efforts."

‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

Scottish Government fear Sectarian attacks against Catholics and other religious minorities may endanger EU view of independent Scotland. ON Wednesday of this week, whether Church burning anti-catholic Scots and the rest of us want it or not, the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill better known as the Scottish Government’s anti-sectarian legislation aimed at targeting insulting songs at Football matches, will be waved through into law by the SNP’s majority vote in the Scottish Parliament (no doubt after a tumultuous debate) on the pretext of strengthening the powers of the Crown Office & Police to prosecute rising numbers of sectarian attacks against Roman Catholics and other religious minorities in Scotland.

However, it appears the motives for the bill’s violently quick passage are anything but clear, and nothing much to do with tackling crime with some now claiming the badly planned anti-bigot legislation, brought about at the instigation of Police Forces & Prosecutors (who themselves appear to be institutionally sectarian as well as corrupt), and seized on by the SNP as an appropriate pro-independence headliner targeting Unionism is more to do with cleaning up the historically high anti-catholic & anti-religious minority crime statistics to allow First Minister Alex Salmond to advance a particular part of his independence policy, that of joining the predominantly catholic European Union.

Speaking to Scottish Law Reporter over the weekend, a Crown Office insider claimed the real reason the ‘potentially dangerous’ historical statistics on anti-catholic crimes were shredded by Crown Office officials before they could be produced at the Scottish Parliament’s Justice Committee is more to do with the fact the current SNP Scottish Government feared any revelations of the now destroyed statistics could damage Scotland’s chances of being accepted by the EU as a stand alone member if it breaks away from the United Kingdom.

Within the now destroyed data, such was the level of reported anti-catholic crimes, the severity of the crimes, the lack of prosecutions, especially in sectarian complaints made against in some cases, still serving Police Officers & even COPFS staff, and the many questions the historical statistics on sectarian offences may have raised in debates at Holyrood, Scottish Ministers felt revealing the truth could lead to questions being raised in the EU over whether Scots authorities could handle sectarianism and prevent Scots based individuals & groups from spreading their hate message & criminal activity against Catholics & other religious minorities throughout the European Union.

The insider, who claims to have seen the now destroyed data which SLR reported on in an earlier article HERE, commented “If the information on sectarian crimes had been published rather than being destroyed on political orders, there would be no doubt in anyone’s mind the statistics would show Scotland is a dangerous place for Roman Catholics. The fear was if the figures got out, this would affect the SNP’s independence agenda and how the predominantly Catholic EU might view an independent Scotland asking for EU membership.”

The credible claims by insiders come on top of ample evidence to suggest that Police & Prosecutors have their own agenda to bring in the new anti-bigot legislation which will allow them to even-up the sectarian crime statistics by arresting more Catholics to blur the statistics, rather than tackling the root of the historically huge ant-catholic bigotry problem which has been endemic in Scotland for years. Scottish Law Reporter has covered the new bill in previous articles HERE, noting there are even allegations of sectarian jibes among the SNP’s own ranks, some of whom have proclaimed their own support for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and for the idea that more Catholics should be arrested to ‘even-up’ the figures.

While debate continues to rage on the anti-bigot legislation and the SNP’s true motives for waving it through the Parliament, some media organisations have privately acknowledged they are being pressurised more than ever NOT TO MENTION or report on crimes where sectarianism is thought to have played a role in what took place.

At least seven murders in the West of Scotland this year, some of young men, others involving family members, all widely reported in the press and on television are thought to have been motivated in some way by anti-catholic hate however as yet not one news report or newspaper article has mentioned the fact Police officers investigating the crimes viewed the possibility each incident had an element of sectarianism to it.

In other shocking incidents, the desecration of Roman Catholic churches in Scotland has continued to rise, with a recent report on STV news regarding an incident of vandalism of St Leonard's RC Church in East Kilbride which was so heavily sanitised, the incident as reported by the media took on a completely different view to the actual details of what is very much a sectarian crime, more accurately reported by Scots composer James MacMillan in the Telegraph, HERE.

Commenting on the sanitised STV report, Mr MacMillan said  : In this report on the vandalisation of St Leonard's RC Church in East Kilbride certain details have been withheld. According to parish sources the vandals removed the statue of Our Lady and placed it on the altar where they covered it in paper and cloth and set it alight. Also, the Tabernacle – one of the most sacred objects in any Catholic Church was covered in graffiti. This was clearly a sectarian attack, motivated by the intense anti-Catholic attitudes which have so disfigured Scotland and continues to do so. The fact that a police spokesman, in full knowledge of the specific details of this assault, then claimed it bore no hallmarks of a sectarian incident, speaks volumes.

The details of the burning of the statue of Mary have since been confirmed through local sources.

Mr MacMillan went onto point out while Catholic Churches are being burned in Scotland and in Northern Ireland, none have been targeted in England, even during the Pope’s visit last year.

Other incidents such as the burning down of an empty priest’s house in High Valleyfield, Fife appear to have suffered from misinformation put out by the Police, who claimed at the time the fire was caused by an electrical fault. Yet the fire which burned down the parish house of St Serf’s Church in High Valleyfield near Dunfermline came immediately after death threats had been sent to priests in the archdiocese of St Andrews and Edinburgh.

Another incident where the Police appear to have misled the public occurred in Leslie Fife, where the local Roman Catholic Church St Mary Mother of God was burned to the ground. The Police immediately briefed the press about ‘music’ lyrics spray-painted on a wall nearby yet suspicions over the true nature of the crime pointed to connections to a major Orange walk taking place that same day in the area.

And in a twist to electronic data gathered by Police Forces across Scotland on many forums & websites which appear to spread online sectarian hate messages & racist abuse, it appears there will now be few if any prosecutions of “threatening communications”, due to the fact IP addresses, emails and other identifying traces left by those spreading sectarian abuse online have been traced back to computer networks used by Police, Prosecutors and even offices of the Scottish Government.

The electronic data gathered from internet providers by the authorities is also rumoured to implicate local Government offices across Scotland, several high profile public bodies, surprisingly, several well known law firms and even some Hospital computer networks.

Ex Lord Advocate Elish Angiolini to be called as witness in TWO YEAR, £1/2 MILLION Crown Office ‘Vendetta’ case against anti-abuse campaigner

Ex-Lord Advocate Elish Angiolini is to be called as witness in breach of the peace trial of anti-abuse campaigner Robert Green. Dame Elish Angiolini DBE QC, the former Lord Advocate and now Ministerial complaints adviser to Scotland's First Minister Alex Salmond is to be asked to appear as a witness in what is Scotland’s longest running & most expensive Breach of the Peace trial against anti-abuse campaigner Robert Green which is now set to begin on 16 January 2012 at Stonehaven Sheriff Court, Aberdeen. The trial of Mr Green, an anti-abuse campaigner representing downs syndrome victim Hollie Greig, who is alleged to have been abused by an Aberdeen based paedophile gang has so far cost the taxpayer HALF A MILLION POUNDS. However it is thought the final cost of the case will rise to around £1 Million after factoring in the SIXTY ONE person witness list, further hearings, legal fees & other costs.

Since Robert Green was arrested & charged with committing a Breach of the Peace in February 2010 in relation to his attempt to hand out leaflets detailing the allegations in the Hollie Greig case, Scotland’s Crown Office have waged a bitter & expensive VENDETTA funded by taxpayers against Mr Green, resulting in FOURTEEN HEARINGS at Stonehaven Sheriff Court, nearly 16,000 travel miles for the accused, trips by Grampian Police Officers to England to search & raid homes & seize property including computers & documents, Crown Office staff being flown into Aberdeen especially for the case, and a witness list which has varied in numbers and currently totals SIXTY ONE persons. Dame Elish Angiolini’s name is now to be added to that witness list.

In the unprecedented move to call as a witness a former Lord Advocate whose actions are central to the case against Mr Green, Dame Angiolini is likely to be asked questions in court about her involvement in the Hollie Greig case, why Mr Green was charged with breach of the peace over leaflets, and also why in her position as the then 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.

However, there may be more questions for the former Lord Advocate Angiolini and the now current Lord Advocate Frank Mulholland after details of what appear to be a dirty tricks campaign against Mr Green emerged today when a tabloid journalist admitted he was given an off the record briefing by Crown Office insiders claiming Mr Green had agreed to plead guilty at an earlier hearing in November.

The journalist reported he had attended a November hearing of the case at Stonehaven Sheriff Court on the basis he had been told by Crown Office officials Mr Green was to plead guilty to the Breach of the Peace Charge. The journalist indicated he had been assured “a deal had been worked out for the accused to plead guilty”. However, when the hearing took place in November at Stonehaven, Mr Green rejected the prosecution’s efforts to force a guilty plea which then suspiciously resulted in the withdrawal of Green’s legal team which included Francis McMenamin QC.

The tabloid journalist has confirmed to colleagues he spoke to individuals who attended the November hearing before it began. However after it became clear there was to be no guilty plea the journalist left the court as soon as possible without speaking to anyone else. A legal insider today verified the journalists account of matters. Alarmingly, the insider also claimed a transcript of a draft Press Release to be issued if Mr Green had entered a guilty plea has now been destroyed.

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

Justice Secretary Kenny MacAskill worked at, has ties to same law firm used by then Lord Advocate Elish Angiolini in interdict case. As details of the case began to be reported in the wider press, it emerged the Scottish Justice Secretary, Kenny MacAskill has personal ties 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.

With a new legal team now in place for Robert Green, the case is be heard for a FIFTEENTH time at Stonehaven in an interim hearing on 21st December to resolve the issue of Procurator Fiscal Steven  McGowan`s refusal to recuse himself from the prosecution of Mr Green after it became clear McGowan is going to be called as a witness for the defence. Barring further delays, the trial of Robert Green for Breach of the Peace will finally commence on 16th January 2012 and with a sizeable witness list, may well enter a third year of court hearings. Sheriff Principal Bowen has voiced his concerns about the rising costs of pursuing the case.

SNP’s Libya Connection : Scottish Govt covered up MacAskill’s Oil & Energy lobbyist brother on First Minister’s ‘deal in desert’ tour of Middle East

First Minister Alex Salmond ‘angry’ over revelations of Justice Minister’s brother & energy lobbyists links to Scottish Government. THE Scottish Government have gone on the attack over questions raised by opposition msps regarding the presence of ALLAN MACASKILL, a representative of Oil & Energy companies on a DEAL IN THE DESERT ‘trade mission’ to the middle east by First Minister Alex Salmond after it became clear the Scottish Government covered up the fact Allan MacAskill is the brother of Kenny MacAskill, Scotland’s Justice Secretary. Mr MacAskill in his industry capacity represents the Spanish energy firm of REPSOL which has substantial oil operations in Libya, & Portugal’s energy giant EDPR. Kenny MacAskill, who is jokingly nicknamed by civil servants in his own department as “Justice Secretary for Life” released the man convicted of the terrorist bombing of Pan Am Flight 103 over Lockerbie Scotland in 1988, Abdel Baset Al Megrahi, on ‘compassionate grounds’ in 2009, claiming Mr Megrahi had three months to live, and that his release was in no way linked to any oil or energy deals with Scotland & the Scottish Government, a claim now thought to be in doubt.

REPSOL have a long standing operation in Libya where its local unit is beefing up production of oil to around 200,000 barrels a day a sharp rise from 34,777 oil barrels per day in 2009. The company also operates in Scotland alongside EDPR who also appear to enjoy a relationship with the Scottish Government via press releases reprinted below.

Commercially sensitive documents handed to one of our reporters which current cannot be published for legal reasons appear to show Scottish Government officials have been told to assist companies who are poised to make even more purchases & takeovers in connection with Scotland’s energy market on top of purchases such as Repsol’s purchase of SeaEnergy Renewables Limited (Serl) which the Spanish oil giant Repsol bought just after the May 2011 election for around £40m in a deal which the First Minister couldn’t resist issuing a statement about which mentions both EDPR & REPSOL. Curiously the First Minister’s statement does not include any mention his Justice Secretary’s brother represented the firms.

An as yet unpublished minute of an internal discussion between civil servants at the Scottish Government reveals officials have complained they are “being turned into lobbyists for the energy sector”.

It has also come to light an oil services company based in Aberdeen which is thought to be on an energy firm’s shopping list has been warned it may lose contracts and business backing from the Scottish Government if it resists an approach for a buyout which appears to be coming from one of the foreign based energy companies now lobbying the Scottish Government.

This is not the first time the Scottish Government have been forced to defend its links to MacAskill’s energy industry connected brother, who in 2009 was identified in an investigation by the Wall Street Journal newspaper to have been working for oil companies based in Libya.

At the time the First Minister completely denied Mr MacAskill’s brother worked with companies in Libya. Mr Salmond said “It's total rubbish. Kenny MacAskill's brother is the director of an offshore wind company in Scotland, it is ridiculous, absolute nonsense.”

Mr Salmond angrily denied claims there was a Scottish deal in the desert to free Megrahi, saying : “We made a decision in Scotland, Kenny MacAskill made a decision on judicial grounds alone. Whatever was happening elsewhere with Prisoner Transfer Agreements talks, we mad a decision based on judicial grounds to release Mr Megrahi on compassionate grounds because he was a dying man.That's why we made our decision."

However the Wall Street Journal investigation revealed that Allan MacAskill, a business development director, had worked with a number of energy firms with links to the African country. He told the publication he did not play a role in bids for Libyan business - and insisted he never discussed the Lockerbie bomber case with his brother.

The report by the Wall Street Journal revealed : Mr. MacAskill's Scottish National Party has also been a major flag-waver for wind power, and earlier this year the party's leader Alex Salmond opened new offices for SeaEnergy in Aberdeen where the Justice Secretary’s brother was employed, the company now bought up by Repsol. Among Allan MacAskill's biggest projects at SeaEnergy was the Beatrice Wind Farm off the Scottish coast for his former company, oil firm Talisman Energy. Canada-based Talisman Energy has been looking the past few years to get a foothold in Libya, but has yet to establish a position. The company took part in a recent Libyan oil-licensing round but didn't walk away with a contract to explore for hydrocarbons. Mr. MacAskill joined oil giant BP PLC in 1977. BP has admitted that it lobbied the U.K. over a controversial prisoner-transfer agreement between the U.K. and Libya. In 1998, after 20 years at BP, Mr. MacAskill joined Talisman Energy and last year moved on to SeaEnergy Renewables.

Mr. MacAskill is also thought to have used his brother's energy expertise in 2005 for a book of essays the Scots politician edited called "Agenda for a New Scotland." Allan MacAskill co-wrote one piece which called for government and commercial intervention to ensure the estimated 30 billion barrels of unproduced hydrocarbon is extracted from the North Sea and so secure thousands of jobs in the industry.

The Herald newspaper reports on Mr MacAskill’s trip with the First Minister:

Clarity call over MacAskill brother

The First Minister has been urged to "clear up any perception of favouritism" in light of a senior minister's brother accompanying him on a trade mission to the Middle East.

Energy industry representative Allan MacAskill, brother of Justice Secretary Kenny MacAskill, was with Alex Salmond on a recent trip to Qatar and Abu Dhabi. Mr MacAskill attended the meetings on behalf of energy firms Repsol and EDPR.

Labour has sent Mr Salmond a list of questions about Mr MacAskill's attendance "to ensure there can be no accusation of favouritism or preferential treatment".

However, a spokesman for the First Minister called Labour's letter "an outrageous slur". The Scottish Government publicised Mr MacAskill's attendance in a press release on October 31 but did not draw attention to his relationship with the Justice Secretary.

In a letter to the First Minister, Labour business manager Paul Martin wrote: "Scottish ministers should champion exports and promote our economic interests abroad. But ministers must also exercise caution in this area, to ensure there can be no accusation of favouritism or preferential treatment.

"Any consultant or lobbyist accompanying ministers on a trade mission who is involved in meetings with potential investors gains significant commercial advantage. In the unusual event that those consultants are family members of serving ministers, it is even more important to consider the wisdom of involving them in the trip. Allan MacAskill attended a number of meetings you held with potential investment partners in Abu Dhabi and Qatar. It is unclear whether Mr MacAskill would have been able to secure such access without the decision for him to accompany you.

"You will be familiar with the recent case of Mr Adam Werritty, a friend of the Defence Secretary who attended meetings with Mr (Liam) Fox and other government ministers, which assisted his consultancy and lobbying interests. Given the close family relationship between Kenny and Allan MacAskill, I believe full disclosure is required in explaining exactly why Allan MacAskill was at these meetings, in order to clear up any perception of favouritism."

A spokesman for the First Minister said Mr MacAskill's attendance was publicised by the Scottish Government, and added that all business participants met their own flight, hotel and other expenses.

Mr Salmond’s Press Release issued soon after the May election linking MacAskill’s brother’s energy firms to a deal congratulated (and helped along) by the Scottish Government is published below (note no mention of MacAskill’s brother being involved, or of just what kind of prodding from the Scottish Government greased the deal through – Ed) :

Renewable energy partnership

06/06/2011

Plans for a new partnership between two of Europe's leading energy companies to develop up to 2.4 Gigawatts (GW) of offshore wind projects in Scottish waters was welcomed by First Minister Alex Salmond today.

Spain's largest oil company, Repsol, and Portugal's EDP Renováveis (EDPR) confirmed plans for a joint venture following the Spanish company's purchase of SeaEnergy Renewables Ltd (SERL) - the offshore wind unit of Aberdeen-based SeaEnergy Plc - which was announced to the stock exchange this morning.

Repsol's acquisition of SERL, which is subject to approval by SeaEnergy PLC shareholders, will represent the entry of another major European energy company into Scotland's burgeoning offshore renewables sector. Under its agreement with EDPR, Repsol will hold a 33 per cent stake in Moray Offshore Wind Ltd and 51 per cent of Inch Cape Offshore Wind Ltd. Repsol will also now own a 25 per cent stake in the Beatrice offshore wind development, in which Scottish and Southern Energy Renewables holds the remainder.

The First Minister said: "Today's announcement of a joint venture involving two of Europe's major energy companies is a massive vote of confidence in Scotland's offshore wind sector and in the significant opportunities that are available for leading utilities and developers.

"Repsol's purchase of SeaEnergy Renewables is also testament to the strength of Scottish companies who have helped position us as a global leader in offshore wind. SeaEnergy, which is now focusing on its existing assets, including its marine renewables services business and oil & gas interests, is an example of a company now reaping the rewards of decisive and early leadership in a developing industry sector.

"With around a quarter of Europe's offshore wind energy potential, Scotland is uniquely positioned to develop this exciting industry and major companies like Doosan, Gamesa and Mitsubishi have already announced plans to develop their offshore wind interests here. Working with our public sector partners and with industry, the Scottish Government remains determined to ensure the industry continues its rapid growth as we work towards our target of generating the equivalent of 100 per cent of electricity demand from renewables by 2020."

News of the World papers reveal Jedburgh lawyer David Sturrock threatened journalists over coverage of crooked partner lawyer’s £300K estate scandal

Jedburgh lawyer ‘Major’ David Sturrock threatened News International with legal action if they featured a crooked lawyer colleague. PAPERS RELEASED by journalists who worked for the former NEWS OF THE WORLD newspaper for an ongoing investigation into how the Scottish legal profession muscle newspapers away from reporting on scandals involving “crooked lawyers” have uncovered surprising results, where in one example released to Scottish Law Reporter, a JEDBURGH solicitor identified as ‘MAJOR’ DAVID PERCIVAL STURROCK (68) who holds SEVENTEEN DIRECTORSHIPS including one on a PRIVATE SCHOOL, threatened NEWS INTERNATIONAL & the NEWS OF THE WORLD newspaper with legal action if its journalists followed the Scotsman newspaper & reported on a well known scandal involving a £300K SWINDLE of a will involving Kelso solicitor Andrew Penman of Stormonth Darling Solicitors and an accountant who was the will’s Executor, Norman Howitt currently of JRW Group also based in the Scottish Borders.

The newly released letter to the then Editor of the News of the World in 1995 was sent from Andrew Penman’s own firm then called P&J Stormonth Darling, later renamed to Stormonth Darling Solicitors after the scandal involving the will and the Law Society’s cover up of a subsequent recommendation to PROSECUTE Mr Penman for his role in the affair was widely reported in the Scottish media. The letter containing the legal threat against the Editor of the now defunct News International paper is signed by David Sturrock, a partner at Stormonth Darling’s Jedburgh partner office of Turnbull Simpson & Sturrock which was bought out in 2007 by the Edinburgh based law firm Lindsays.

In the letter, featured below, Mr Sturrock, writing on behalf of solicitor Andrew Penman who had been reported to the Law Society of Scotland over the estate fiddle, threatened the News of the World’s Editor with legal action for defamation if he went ahead and published details of the notorious scandal, information on which had been provided to it by the late Mr Cherbi’s son, Peter Cherbi, now a law journalist himself.

Mr Sturrock, writing on behalf of Mr Penman forcefully told the NOTW Editor : “However we caution you that while Mr Peter Cherbi in his complaint to the Law Society has made detailed allegations against us, we are lodging with them a response to each allegation: and if you publish only the information given to you by Mr Peter Cherbi, it may constitute defamation of us.”

Prior to threatening the News of the World Editor with a defamation action, Mr Sturrock claimed in the same letter he could not discuss any of the details surrounding the estate of Mr Cherbi’s late father, however he did the exact opposite as the letter to the NOTW shows.

Mr Sturrock wrote : “We confirmed to you that Mr Peter Cherbi had lodged with the Law Society of Scotland a complaint against this firm re the administration of his late Father's Estate. We were notified of that complaint by letter from the Law Society of Scotland received 3rd January 1995. We further advised you that we could not discuss with you, nor indeed any other third party, individual client's affairs. In view of the above, we are obviously unable to give any detailed information. We further advise you that we were acting as Solicitors to the Executor of the late Mr Cherbi and that Mr Peter Cherbi has his own Solicitor.”

“We met with Mr Peter Cherbi, his solicitor and his late Father's Executor on 20 December 1994 following upon which an undertaking was given by Mr Peter Cherbi's Solicitor that by 6 January Mr Peter Cherbi would make constructive suggestions for the progression of his late Father's Estate. He duly made those suggestions, and they are presently with the Executor for instructions. The Estate of the late Mr Cherbi has already been the subject of a previous press report at the instigation of Mr Pete Cherbi in the Scotsman on 18 October 1994. We do not know what information Mr Peter Cherbi has given you, and even if we did, we could not respond to it, for the reasons stated.”

A journalist working on the story at the time today queried why Mr Sturrock threatened the paper with a defamation action when it had by that time become clear that Mr Penman had acted in a deplorable manner which the Law Society of Scotland’s own investigating lawyers thought so severe they demanded Penman be prosecuted before the Scottish Solicitors Discipline Tribunal with a view to striking him off as a solicitor.

The journalist said : “We had already heard from insiders at the Law Society that Penman was facing a prosecution for what he did so his partner’s claims of defamation were obviously a bit wide of the mark. This is a prime example of a cover up and an attempt by a lawyer with a vested interest in protecting his partner trying to censor the media”.

The journalist also queried why the letter from Mr Sturrock appeared to go out of its way not to name the Executor of the Estate as Norman Howitt, a Borders Accountant who it was revealed in an investigation had apparently taken ownership of the deceased’s widow’s Pension Book, had attempted to assume full control of the deceased’s widow’s estate through a controlling secret Trust, and had submitted a false report to Lothian & Borders Police to thwart any investigation into funds Howitt had transferred from Estate assets into his own company’s accounts.

The Scotsman newspaper widely reported on the scandal involving the will of the late Mr Cherbi who served in the KOSBs during WW2. Reports continued in the Scotsman and other newspapers through the 1990’s and into the 2000’s, after the results of a Law Society investigation released to the paper revealed investigators DEMANDED Andrew Penman BE PROSECUTED for his failures on the ruined Cherbi estate. Scottish Law Reporter featured some of the coverage in an article in September 2010, HERE

The Law Society of Scotland’s own investigators found Penman had attempted to REARRANGE and DOCTOR files in an attempt to thwart a Law Society investigation into his conduct on the estate. Investigators also found Penman had attempted to DECEIVE High Street Banks such as the Royal Bank of Scotland and also the Capital Taxes Office of the Inland Revenue, now Her Majesty’s Revenue & Customs (HMRC). Scottish Law Reporter recently linked Andrew Penman to a directorship of the ‘negative equity’ Ladykirk Estates Ltd, who lost a battle to prevent an elderly farm tenant from passing on his lease to his younger nephew. Excerpts of the Law Society’s report into Mr Penman which demanded he be prosecuted are reprinted in the article.

A legal source today confirmed Mr Sturrock had also been the subject of complaints to the Law Society of Scotland regarding the actions he took on the Cherbi estate after he had taken over the case from his partner, Andrew Penman. The source also sensationally revealed Mr Sturrock and the Cherbi estate Executor, Norman Howitt, took for themselves and used the £1,000 of compensation provided to Mr Cherbi for the apparent £300K losses, TO PAY OFF ‘estate debts’ to a real estate agency business known as “John Sale” which was regularly used by both Sturrock’s law firm in Jedburgh and Penman’s law firm in Kelso.

Accounts show Mr Cherbi himself received NOTHING of the compensation paid by the Law Society of Scotland and rather it was used by the lawyers & Executor to pay off debts accrued on it by the actions of Penman and the Executor, Mr Howitt.

A legal insider said the Law Society’s decision to pay the compensation direct to the same Executors & lawyers who had threatened the News of the World newspaper with defamation and had disowned any involvement in Peter Cherbi’s complaint due to the fact the law firm itself was implicated, “…was corrupt, and was taken in the knowledge the money would be handed back to the lawyers who were doing all the damage.”

No one at the Law Society of Scotland was prepared to give official comment on the allegations it had paid the compensation for Mr Penman’s actions direct to the same firm of lawyers who threatened the News of the World for defamation however an insider confirmed the version of events reported here today.

A retired Police Officer based at Jedburgh has since come forward to Scottish Law Reporter, alleging a series of incidents arising from false reports provided by lawyers & an accountant to Lothian & Borders Police “were directly linked to Peter Cherbi’s complaint against Penman & Howitt”.

The now retired officer alleged he and certain colleagues at the time “were under pressure” after attempts were made to use the Police to stop Mr Cherbi’s demands the Law Society investigation into Penman and the Institute of Chartered Accountants of Scotland (ICAS) investigation of Howitt go ahead. No one from Lothian & Borders Police was prepared to comment on the serious allegations made against them.

Speaking to Scottish Law Reporter today, Peter Cherbi branded the Law Society of Scotland as “a hateful institution used to target members of the public who dare complain about their lawyers” He also called for an independent investigation into information provided by the retired Police Officer on why Lothian & Borders Police “were apparently used as a battering ram" against his family in attempts to persuade them to drop the complaints & investigations against Penman & Howitt and silence any further media coverage (which obviously did not work – Ed).

A Companies Check on Major David Percival Sturrock of Easter Ulston, Jedburgh, Roxburghshire, reveals he has SEVENTEEN Company Director or sectretary appointments including the THE K.O.S.B. ASSOCIATION FUNDS, THE K.O.S.B. MUSEUM FUND and a Private fee-paying School in the Scottish Borders, ST. MARY'S SCHOOL, MELROSE

Major David Percival Sturrock has 17 company director or secretary appointments :

THE K.O.S.B. ASSOCIATION FUNDS Active, THE K.O.S.B. MUSEUM FUND Active, BORDERSWORKS LIMITED, Active, THE K.O.S.B. ASSOCIATION FUNDS Active, THE K.O.S.B. MUSEUM FUND Active, LUSTRUTHER FARMING LIMITED Active, ST. MARY'S SCHOOL, MELROSE Active, A. & R. BROWNLIE LIMITED Active, STREETS AHEAD (BORDERS) Active, (Director Resigned) SCOTTISH BORDERS CHAMBER OF COMMERCE Active, (Director Resigned), THE JEDFOREST HUNT PROPERTY COMPANY Dissolved, LOWLAND INSURANCE SERVICES (2001) LIMITED Dissolved, LOBRO TOOLS LIMITED Dissolved, FALDONSIDE FORESTRY LIMITED Dissolved, LANGTON FARMING LIMITED Dissolved, MOUNT VIEW (DUNS) LIMITED Dissolved, MARLSLANDS LIMITED Dissolved,

Mr David Sturrock’s late grandfather, of the same name was also a solicitor based in Jedburgh in the early part of the 20th Century. Papers show the late Mr Sturrock died at at the small Northumbrian village of Otterburn in the late 1930s after a scandal broke where it was alleged he had used the proceeds of a deceased client’s estate in Jedburgh along with a property to repay debts. Mr Sturrock was reported to the authorities at the time after papers were discovered in waste bins, and it was reported he was to have been charged in connection with the affair. Papers show the late Mr Sturrock’s cause of death as natural causes however it is widely thought the solicitor committed suicide to avoid prosecution for the scandal.