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SECRETS, M’LORD: The QC, the footballer and the Lord Advocate who blocked a rape prosecution – and was later appointed as a judge by Lord President Lord Carloway

Crown Office refuse to release discussions on blocked rape case. A LORD ADVOCATE who aligned himself with rape awareness groups & Scotland’s current top judge to demand politicians remove a miscarriage of justice safeguard from the legal system – blocked the prosecution of a footballer for rape after contact with the accused’s QC.

Former Lord Advocate Frank Mulholland was in charge of the Crown Office & Procurator Fiscal Service (COPFS) as Scotland’s top prosecutor at the time allegations of rape were raised against footballer David Goodwillie by victim Denise Clair in January 2011.

As Lord Advocate, Mulholland held the last say in authorising a prosecution or deciding to block further action.

The Crown Office decided not to prosecute David Goodwillie and his co- accused, David Robertson – a decision which occurred after contact between Paul McBride QC & the Crown Office – and according to sources – Mulholland.

The revelation of contact between Goodwillie’s lawyer – Paul McBride QC and prosecutors – came following a Freedom of Information request by the Sunday Mail newspaper, in which the Crown Office confirmed contact took place.

The Sunday Mail featured a report on the Crown’s decision to withhold details of communications between McBride and the Crown Office.

Mystery calls between rapist footballer David Goodwillie’s lawyer and court bosses revealed

The Crown Office said: “We do hold some records of telephone discussion between the late Paul McBride and staff at Crown Office”

However, officials at the £113m a year Crown Office refused to release further details on the conversations with the now deceased Paul McBride, stating to do so “would inhibit legal opinions or advice expressed in future”.

Denise fought a five-year battle for justice which this year saw the Court of Session rule she had been raped by footballers Goodwillie and co-accused David Robertson.

The 30-year-old originally sought £500,000 in compensation, but damages were later agreed at £100,000 in the civil action at the Court of Session in Edinburgh.

In late January, Lord Armstrong ruled Goodwillie – the former Scotland international footballer and his ex-teammate David Robertson were rapists.

The judge ordered Goodwillie & Robertson to pay £100,000 damages in what was the first civil rape case of its kind in Scotland – coming after Mulholland blocked all attempts to charge Goodwillie & Robertson who would have had to face a criminal trial if the prosecution had not been blocked by the then Lord Advocate.

As of date of publication of this article, Goodwillie is appealing the ruling.

The mother-of-one maintained she was incapable of giving free agreement to sex because of her alcohol consumption, but Goodwillie, 27, who now plays with Plymouth Argyle, and Robertson claimed the incident had been consensual.

Lord Armstrong, said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence of the pursuer (the woman) to be cogent, persuasive and compelling.”

Lord Armstrong said: “In the result, therefore, I find that in the early hours of Sunday 2 January 2011, at the flat in Greig Crescent, Armadale, both defenders (the footballers) took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.”

The judge said he found neither Goodwillie – who also played for Aberdeen and Blackburn Rovers – or Robertson to be credible or reliable on the issue of whether they had a reasonable or honest belief that she was consenting.

He rejected evidence relied on by the players that Ms Clair was not particularly affected by alcohol and was no more drunk than anyone else in the company they had been in that night.

Lord Armstrong said that prior to the incident the victim – Ms Clair – had enjoyed life, but her life changed following the decision not to proceed with a prosecution.

Lord Armstrong said: “She found that decision difficult to understand and had felt that she had not been believed.”

The judge added: “She felt that her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect.”

The Crown Office said it stood by its previous decision not to prosecute the footballers – a decision taken during the tenure of Frank Mulholland as Lord Advocate – which is now subject to calls for a full inquiry.

A Crown Office spokesman who refused to be identified said: “As Lord Armstrong stated in his judgement, the standard of proof to be satisfied was that of the balance of probabilities which is a less onerous requirement than the standard in criminal cases, which is beyond reasonable doubt.

“Further, there is no requirement of corroboration in civil cases unlike in criminal cases.

“This case was looked at very carefully by Crown counsel who concluded that there was insufficient evidence in law to raise criminal proceedings. As a result no proceedings were instructed.”

Lord Mulholland now sits on the bench of the Court of Session after having been made a judge by by anti-corroboration co-campaigner Lord Carloway – Scotland’s current Lord President & Lord Justice General.

Lord Mulholland as he is now known – blocked a prosecution of Goodwillie and his co-accused David Robertson for rape – after he gave evidence at Holyrood in November 2013 – demanding msps on the Scottish Parliament’s Justice Committee agree to his plans to scrap corroboration – a safeguard against injustice – which Mulholland ironically claimed blocked the prosecution of rape cases.

Video footage of Frank Mulholland’s evidence to MSPs urging they repeal corroboration – to enable him to prosecute rape offenders, can be viewed here:

Lord Advocate Frank Mulholland evidence to MSPs on removal of corroboration from Scot’s Law – Scottish Parliament Justice Committee 20 November 2013

Mulholland also blocked criminal charges against the driver of the Glasgow bin lorry which ran out of control in December 2014 killing six people in the centre of Glasgow while injuring 15 others.

Lord Mulholland recently featured in an investigation into judicial use of taxpayers cash to find overseas trips & junkets. Mulholland took a £1,200 trip to the European Court in Luxembourg for three days funded by public cash.

TAX FIDDLE DEAL DEATH – Frank Mulholland’s Crown Office headline appetite for VAT tax carousel case ended in death of top QC:

A case disastrously gone wrong for the headline craving Crown Office under Lord Advocate Frank Mulholland – was a secret deal to bring back alleged tax cheat Imran Hussain from Pakistan.

To this day, Mr Hussain stands accused of a £300million VAT Carousel Fraud.

A media investigation coupled with Freedom of Information probes revealed secret discussions had taken place between Paul McBride QC and Mulholland’s Crown Office – over a move which would have seen the then Lord Advocate grab credit for prosecuting and convicting what is thought to be Scotland’s highest ever value fraud case.

In a Freedom of Information response, the Crown Office admitted to holding one ‘single email’, in which McBride had made contact with Lindsay Miller – who was the then head of the Serious Organised Crime Division in the Crown Office.

It was the same Lindsay Miller who responded to the FOI requests from journalists.

Commenting on Lindsay Miller’s response to the FOI request, a COPFS review undertaken by Gertie Wallace, the head of the Criminal Justice and Disclosure Team at the time said:

“In the reply from Lindsey Miller, Head of Serious and Organised Crime Division on 4 May you were advised that information held by COPFS was contained in one email indicating Mr McBride made contact with the Head of the Serious Organised Crime Division in COPFS on 16 January 2012 regarding a Mr Hussein.”

“The reference to Mr McBride’s contact with Mrs Miller is contained in an email between COPFS and Crown Prosecution Service dated 16 January 2012. There is no further information held by COPFS regarding contact between the late Mr McBride and COPFS regarding his client Mr Hussein.”

“I understand that information held about Mr McBride’s contact with Mrs Miller about Mr Hussein has also been provided to you following your request for information dated 6 June seeking documents and discussions on correspondence between Crown Office and Crown Prosecution Service between Paul McBride and COPFS, to which you have now received a reply dated 14 June from Mrs Miller.”

A Sunday Mail investigation uncovered deal between Crown Office & McBride to bring tax cheat back to Scotland:

DEAL ME IM: £300m tax dodge fugitive launches bid to return to Scotland

Imran “Immy” Hussain, 34, has been on the run from HMRC investigators for eleven years over a VAT scam in which he allegedly stole £300million from UK taxpayers.

It is understood that top QC Paul McBride, 47, met fugitive Hussain during the trip to Pakistan where he died in March 2012.

Prior to McBride flying to Pakistan, he met and discussed the case with Crown Office staff including Mulholland.

However, the secret between the Crown Office, McBride and involvement of the Inland Revenue went wrong – after McBride died of a heart attack while in Pakistan to meet Immy Hussain to discuss a secret deal allegedly involving a trial and what the Crown may ask for on sentencing.

Media reports at the time in 2012 quoted a friend of Mr Hussain, saying “He wants to come home – but not to spend 20 years in a cell.”

“His preferred outcome [believed to have been the deal on the table from COPFS] would be to hand over a large amount of his money and do a light sentence – that way, the authorities could say justice has been done and point to the cash seizure as a success.”

It was also reported at the time – McBride told a friend that he was going to Lahore to meet a wealthy client wanted for a major fraud in the UK.

Legal sources and friends of the lawyer, who was found dead in his room at the Pearl Continental Hotel, believe he met Hussain.

McBride travelled to Pakistan with solicitor Aamer Anwar – who said the lawyers attended a wedding during their stay.

Hussain had been living the high-life in Dubai, where he owned two luxury houses, a fleet of cars and a yacht. He also travelled to Europe by private jet.

He spent fortunes on wild parties and thought nothing of buying Rolex watches for his pals.

But he was forced to leave the desert kingdom when HMRC investigators were sent to track him down.

Hussain, from Newton Mearns, Glasgow, had already been in contact with HMRC about a possible deal.

Sources have described communication between Hussain and HMRC as “very sensitive”.

One legal source said: “Paul was in Pakistan in his professional capacity as an advocate.

“He was there to meet a Scottish Asian who is wanted for VAT fraud and wants to come back to Scotland.

“His contacts at the Crown Office were at the highest level and he operated and negotiated at such a level.”

Another associate of Hussain said: “Things got a lot more difficult for him when he had to leave Dubai. He realised that HMRC weren’t going to give up on him and he has now been in Pakistan for the last couple of years.”

Hussain is suspected of heading a Europe-wide operation who set up hundreds of bogus firms linked to VAT fraud, also known as carousel fraud. Gangs claim back VAT on goods they say were imported and then exported.

But the goods – usually small but high-value items such as computer chips and mobile phones – never existed.

In an astonishing turn of events caused by the death in Pakistan of Paul McBride – while he was there at the behest of the Lord Advocate – Frank Mulholland and many others from the world of politics including First Minister Alex Salmond, and figures from the legal establishment attended Paul McBride’s funeral held at (name the church) in wherever during the year.

Previous articles on the Crown Office and Lord Advocate Mulholland’s exit from COPFS,  can be found here: PASS THE CROWN: As one Lord Advocate exits, another is set to take charge of Scotland’s ‘institutionally corrupt’ Crown Office & Procurator Fiscal Service

For previous articles on the Crown Office, read more here: Scotland’s Crown Office – in Crown detail

 

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CROWN CORRUPTED: More corrupt Prosecutors revealed – New Lord Advocate clamps down on transparency amid call to release more details of criminal records of Crown Office & Procurator Fiscal Service staff

Media investigation exposes criminal records of Scots Prosecutors. AMID THE charm offensive around the appointment of James Wolffe QC to the position of Lord Advocate – the centuries old position in charge of what is now the £112m a year Crown Office & Procurator Fiscal Service (COPFS) – it has emerged transparency has been given the axe after the Crown Office refused to release further details of serous criminal offences committed by COPFS staff and prosecutors.

Among the criminal charges against Scots Prosecutors – revealed earlier  this year in a media investigation– are charges relating to misuse of drugs – thought to relate to the use of, or potential dealing of Class A substances such as cocaine, assaults against Police Officers, threats, perverting the course of justice, and breaches of the Official Secrets Act.

Journalists again approached the Crown Office again for information relating to specific charges against COPFS staff including those relating to Misuse of drugs offences, what kind or type of drugs related to the charges, and information contained in what specific charges were made against COPFS staff in relation to “offences against the police”.

However, the Crown Office refused to release any further details of the criminal offences committed by their own team –  on the basis disclosure of the information may lead to the identification of those found guilty of serious criminal offences.

The shocking move by the Crown Office under the charge of newly fast-tracked QC & Solicitor General Allison Di Rollo, and Lord Advocate James Wolffe QC – comes as figures emerge of even more criminal convictions of Crown Office Prosecutors and staff.

In addition to 15 cases of criminal charges raised against Prosecutors & COPFS staff already revealed in an investigation by the Scottish Sun newspaper in March 2016, the Crown Office have now been forced to admit a further 15 cases of criminal charges against their own team – between 2010 and 2013.

And, only 4 out of the 15 cases of newly revealed criminal charges against Crown Office employees & Prosecutors were taken to court.

In the new data released by the Crown Office in response to a Freedom of Information request, COPFS disclosed:

Between January 2010 and November 2013, we retain records showing 15 cases reported to COPFS containing allegations of criminal offences by COPFS staff. Court proceedings were taken in four of those cases, eight cases were dealt with by non- court disposal and no proceedings were taken in three cases.

The charges brought against staff include assault; road traffic offences; breach of the peace and computer misuse.

Guilty verdicts were recorded in the four cases where court proceedings were raised.

The new information comes after COPFS previously admitted it retained records from November 2013 to November 2015 showing 15 cases reported to COPFS containing allegations of criminal offences by COPFS staff.

Court proceedings were taken in 11 cases, three cases were disposed of by non-court disposal and no proceedings were taken in one case.

The charges brought against staff include assault and vandalism; road traffic offences; threatening and abusive conduct; breach of the peace; Misuse of drugs/offences against the police; data protection offences/attempt to pervert the course of justice.

In the 11 cases where court proceedings were raised, these were concluded as follows: Guilty plea accepted (4); accused found guilty after trial (1); case marked for no further action (1); court proceedings active (4).

And – the Scottish Information Commissioner (SIC) – who was asked to review the Crown Office refusal to disclose further details – said it could not become involved in the investigation, citing rules which allow the Lord Advocate to deem secret any information or data he so choses.

The SIC said it could not act because “Section 48 of the Freedom of Information (Scotland) Act 2002 states that no application may be made to the Commissioner following on from such a request for review where information held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland. This includes any information held by the Crown Office in connection with the investigation and/or prosecution of crime, or the investigation of sudden deaths and/or fatal accidents.

It has now been suggested internal COPFS processes governing which staff are assigned to cases have broke down on many occasions, resulting in Crown Office employees with criminal records working on key prosecution cases – some of which suspiciously collapsed.

A legal insider has backed up the notion certain high profile criminal cases and prosecutions resulting in significantly less sentences, and plea deals – instead of big time hits against well known crime figures – may have been affected by defence teams ‘familiarity’ with certain Crown Agents and staff

Speaking to Diary of Injustice earlier this week, a leading Criminal Defence solicitor suggested it may now be worth asking Procurators Fiscal to declare – in court- any criminal charges or convictions before they proceed to represent the Crown in a prosecution.

The solicitor said: “If my client is being prosecuted for a particular type of criminal offence, I believe it is in the interests of justice for the court to be made aware the Procurator Fiscal may have a criminal conviction for the same, or a potentially more serious offence.”

In certain cases, prosecutions may well have been compromised after Crown Office personnel leaked information to criminals – as occurred in one case (among others) where a COPFS employee was found guilty of breaking the Official Secrets Act and passing details to known crooks.

The revelations of Crown Office informants handing over key files and tips on COPFS investigations to crooks are a considerable blow to law enforcement organisations such as Police Scotland and international law enforcement organisations from other countries – who share evidence with the Crown Office in the hopes of putting away criminals, drug dealers and gangsters.

PROSECUTORS CRIMINAL RECORDS REVEALED:

Crooks among Them – Prosecutors own crime gang revealed. The only case where a COPFS employee was found guilty after trial relates to that of Iain Sawers, 27, from Edinburgh, who was found guilty of passing information to the criminal fraternity – during a seven-day trial at Edinburgh Sheriff Court in September 2014.

A jury found Sawers guilty on a charge of attempting to pervert the course of justice, the Official Secrets Act and nine under the Data Protection Act.

Sawers joined the Productions Office of the Procurator Fiscal Service in Chambers Street in the city in 2008.

His induction covered security of information and the warning that any breach could lead to disciplinary proceedings. He was also told, under the Official Secrets Act, the unauthorised disclosure of documents was an offence.

The offences by Sawers came to light when police began an investigation into the case of 27-year old Calum Stewart on charges of breach of bail and attempting to pervert the course of justice by threatening his ex-partner, Kelli Anne Smillie, if she gave evidence in a trial in July, 2013.

Stewart paid for her and her mother to leave the country and go on holiday to Benidorm on the week of the trial.

The police investigations led them to a number of phone calls and text messages between Stewart and Sawers between 24 and 29 January 2014.

These led to Stewart phoning Kelli Anne threatening her and her mother. They were to be witnesses in the outstanding trial which has since been deserted by the Crown.

The police also recovered Sawers’ iPhone. Although many messages had been deleted, forensic experts were able to recover them and the telephone numbers of the senders and receiver. They showed that between April 2008 and January 2014, Sawers had passed on information to other people on nine occasions.

A check on the productions office computer showed shortly after receiving a call, Sawers’ secret personal user number was used to access the information.

The jury also found Stewart guilty of attempting to pervert the course of justice and breach of bail. Neither men gave evidence during the trial – much to the relief of the Lord Advocate.

The Crown Office also admitted 40 staff  had been subject to disciplinary action, been suspended, dismissed or have been moved to other duties as a result of disciplinary action between January 2013 to late last year and  that 14 of those staff members were suspended in the period requested. The reasons for suspension included allegations related to potential criminal activity and/or charged by Police; and breach of trust.

Of the 40 members of staff who were suspended, 10 were dismissed from the Crown Office.

However officials refused to identify the reasons for their dismissal, insisting they wished to protect the identities of their colleagues and nature of the sackings.

A legal insider has since indicated former Crown Office staff including some of those who were sacked for disciplinary offences or had left COPFS in relation to allegations of criminal conduct or criminal charges – are back working with private law firms and public bodies with links to the Scottish Government.

The Scottish Sun newspaper reported further, here:

Crooks of the Crown: 15 legal staff on charges

EXCLUSIVE by RUSSELL FINDLAY 7 Mar 2016

COPS charged 15 Crown Office workers with crimes including drugs, police assault and perverting the course of justice.

Violence, vandalism, threats and data breaches were also among the alleged offences.

And 11 of those cases reported over the last two years went to court.

A source said: “The nature of the criminal charges are very serious.

“The Crown Office should be beyond reproach as it’s responsible for highly sensitive information about the most serious crimes and sudden deaths.”

Four of the 11 employees taken to court pleaded guilty, one case was dropped, four are ongoing and the outcome of one is unknown.

It’s thought Edinburgh procurator fiscal’s office worker Iain Sawers, 26, is the only one found guilty.

He was jailed for 18 months in 2014 for attempting to pervert the course of justice by leaking details of cases.

The information about staff charges from the two years to November 2015 was unearthed using freedom of information laws.

Similar data on police officers accused of crimes is published by the Scottish Police Authority.

Last night, Scottish Tory justice spokesman Margaret Mitchell said: “The Crown Office should be no different from Police Scotland in that they should routinely publish this information.”

The Crown Office is Scotland’s prosecution agency headed by the country’s most senior law officer Lord Advocate Frank Mulholland.

A spokesman said: “We employ more than 1,600 staff, the overwhelming majority of whom uphold our high standards of professionalism. Any breach of rules is dealt with swiftly and appropriately.”

For previous articles on the Crown Office, read more here: Scotland’s Crown Office – in Crown detail

 

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PASS THE CROWN : As one Lord Advocate exits, another is set to take charge of Scotland’s ‘institutionally corrupt’ Crown Office & Procurator Fiscal Service

Crown Office set to have new Lord Advocate SCOTLAND’S Crown Office & Procurator Fiscal Service (COPFS) – based in Edinburgh – would not be out of place in a Pirates of the Caribbean movie. Seriously.

Remember the opening sketch from At World’s End – where the line of accused sing while walking to the gallows – as various repeals of statutes, rights & laws are ordered suspended.

If one were to loiter around gatherings of prosecution robes in Sheriff courts up and down the land, one would quickly discover this is how some view justice and how to score a conviction, guilty or not.

Headlines and PR please. Who cares about due process and the quality of evidence – that is the stuff of entertainment, drama and fiction.

Thank goodness then, for criminal defence solicitors … well, at least the dutiful, attentive & hard working ones.

Evasion, introducing dodgy evidence into a trial – lets just call it lying, telling plod to read from an empty note book, dead people on witness lists, private briefings against judges who signed a petition to retain key parts of Scots Law such as corroboration.

The Crown has done it all. Ask any solicitor – well, a decent one. Even the judiciary know it. Not too difficult to spot.

Incompetence, corruption, links to gangsters, stage managed media, interference in investigations and subtle threats to anyone who stands in their way of a quick verdict.

What £110 million a year – the cost of the Crown Office – buys you. Really.

The truth is, standards have slipped at Scotland’s Crown Office. And we all know it.

Some may say, were there ever any real standards at the Crown Office? Well – there is an unpalatable answer to that one.

But let us not forget, we are here today to sit upon the ground and tell sad stories of the end of one Lord Advocates career in office … and the beginnings of another.

Among the massed ranks of gangsters, corrupt public officials, legal aid thieving lawyers, the occasional declare-dodging judge waddling along with gemstones, krugerrands, loads-a-property and offshore trusts jingling in their back pockets, there are a platoon of prosecutors who are tasked with keeping the lid on all of it.

That lid – needs a boss.

You know – someone to keep Edinburgh’s version of Al Capone’s Hotel Lexington in fancy red carpets and baseball bats.

And so we come to the role of Lord Advocate. The boss of it all.

The current Lord Advocate, Frank Mulholland, announced back in March he plans to step down in May.

Mr Mulholland previously served as Solicitor General and succeeded Dame Elish Angiolini QC as Lord Advocate in 2011.

Speaking of his intention to quit, the Lord Advocate said: “It has been a real privilege to serve as Lord Advocate, leading Scotland’s prosecution service and providing independent legal advice to the Scottish Government . However, after nine years as a Law Officer – the last five as Lord Advocate – I have decided it is the right time to step down and do other things.

“In recent years the Crown has embedded specialisms in the way it does its job. Our expertise in handling offences including rape, domestic abuse, Serious Organised Crime, Counter Terrorism and Cold Cases has helped us become one of the most effective prosecution services in the world and given victims greater confidence to report crimes.”

He added: “It’s been an honour to do this job working with so many dedicated and talented people to deliver justice in some of the most demanding and challenging of cases.

He was duly praised by First Minister Nicola Sturgeon, who said: “Frank Mulholland has fulfilled the challenging roles as head of Scotland’s prosecution service and as the Scottish Government’s principal legal adviser, with dedication, energy, integrity and intellect.

“He has played a central role in many innovations to our justice system, including leading Scotland’s first successful ‘double jeopardy’ murder prosecution and agreeing a historic communiqué with the heads of prosecution services from across the UK and Ireland to work together to tackle the cross-border crime of human trafficking.

“It is clear that he has worked to bring about change to ensure that the system makes a real difference to people’s lives, and his dedication to the law and his compassion for others has been behind that drive.

“Frank has made a substantial contribution to the law and Scottish society. I’m confident that he will continue to do so and I want to take this opportunity to thank him for his service and wish him well for the future.”

Nothing about the decision to refuse to prosecute anyone over the deaths of six members of the public in Glasgow Bin Lorry deaths case – and countless other deaths in similar situations.

Nothing about inaction in a three year probe of a £400 million collapsed Hedge Fund with links to the judiciary who just happened to represent Scotland’s top politicians and former Lord Advocate.

Nothing about shredding statistics so the Scottish Parliament’s Justice Committee could not investigate claims in the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.

Nothing about significant numbers of collapsed cases involving notorious Scottish crime clans – this after being fed yearly Crown Office press releases on crime gangs & professional advisers, none of whom are ever caught.

Nothing about slipping £500K of bonuses to Crown Office prosecutors for a job not well done.

Nothing about the real reasons for the introduction of Double Jeopardy – because Prosecutors were – and are – just not up to the job.

Nothing about the Crown Office role in the plot to remove Corroboration from Scots Law. And what a plot that was.

Nothing about Prosecutors very own crime gang – where Crown Office Prosecutors teamed up with criminals, leaked case files, used drugs & much more.

Oh, and nothing about Prosecutors escaping jail for some of the worst imaginable crimes on the go.

Of course – as we all know – fond farewells are often fond – and written by candle light with a teary eye.

Perhaps not always fair to blame the boss, right? It’s the institution.

Some would say that. Even a clear thinking Scottish Minister, at least privately.

Institutionally corrupt, institutionally racist .. the Crown Office has been branded many things over the years, and rightly so with the evidence before our very eyes.

So, if the institution is to function as it should, a change is needed, much more than a simple elevation of another part of the problem to higher office.

Step up – the next overseas jet set junket, expenses claiming, bonus paying, investigation meddling & truth bending Lord Advocate.

For previous articles on the Crown Office, read more here: Scotland’s Crown Office – in Crown detail

In completely unrelated news:

Currently, there is a dirty cash probe into the financial affairs of the Lord Advocate’s brother.

Previously, it has also been reported a relative of the current Solicitor General was convicted of criminal offences involving violence against women.

The same Solicitor General represented the Crown during the Fatal Accident Inquiry into the Glasgow Bin Lorry deaths – where a decision was taken not to prosecute anyone over the “preventable deaths”.

The Crown team’s failure subsequently forced the families of victims to attempt a private prosecution after the justice system and Crown Office, let them down.

And mystery now surrounds how one former high ranking law officer was rejected for a judicial position after intense lobbying for the candidate by a dodgy member of the judiciary linked to top politicians – raised several judicial wigs & brows.

Mulholland joins judicial bench:

In an update to this published article, the Scottish Government announced on May 11 2016 that retiring Lord Advocate Frank Mulholland has been appointed as a judge.

Among five senators appointed to the College of Justice, Frank Mulholland QC, Sheriff John Beckett QC, Ailsa Carmichael QC, Alistair Clark QC, and Andrew Stewart QC will sit as judges in the Court of Session and the High Court of Justiciary.

Their appointments take effect on dates to be agreed by the Lord President. Four of the appointments are to fill existing vacancies.

The fifth judicial appointment, to be taken up by Frank Mulholland QC, will take effect following the retirement of a senator later in the year.

The appointment of Mulholland to a judicial position comes after the recent appointment of Lord Carloway to the top post of Lord President – head of the Scottish judiciary.

 

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CROWN CROOKED: Crown Office crime files reveal Scotland’s Prosecutors & staff charged with Drugs crimes, Police assault, threats & perverting the course of justice

Crime & drugs empire at Crown Office revealed. AMID a string of collapsed cases involving high profile criminals, plea deals with gangsters, failures to to prosecute those responsible for multiple deaths, & multi million pound frauds involved legal eagles – documents obtained by the media reveal Scotland’s Prosecutors have their very own crime gang – right at the heart of the Crown Office & Procurator Fiscal Service (COPFS).

Information released in response to Freedom of Information requests now reveal prosecutors & key staff among the ranks of Lord Advocate Frank Mulholland’s £110m-a-year Crown Office empire – have been charged with a string of criminal offences over crimes ranging from violence to misuse of drugs, making threats and offences against Police Officers.

In a period of just two years – from November 2013 to November 2015 – the Crown Office admitted it retained records showing 15 cases reported to COPFS containing allegations of criminal offences by COPFS staff. Court proceedings were taken in 11 cases, three cases were disposed of by non-court disposal and no proceedings were taken in one case.

The charges brought against staff include assault and vandalism; road traffic offences; threatening and abusive conduct; breach of the peace; Misuse of drugs/offences against the police; data protection offences/attempt to pervert the course of justice.

In the 11 cases where court proceedings were raised, these were concluded as follows: Guilty plea accepted (4); accused found guilty after trial (1); case marked for no further action (1); court proceedings active (4).

Crooks among Them – Prosecutors own crime gang revealed. The only case where a COPFS employee was found guilty after trial relates to that of Iain Sawers, 27, from Edinburgh, who was found guilty of passing information to the criminal fraternity – during a seven-day trial at Edinburgh Sheriff Court in September 2014.

A jury found Sawers guilty on a charge of attempting to pervert the course of justice, the Official Secrets Act and nine under the Data Protection Act.

Sawers joined the Productions Office of the Procurator Fiscal Service in Chambers Street in the city in 2008.

His induction covered security of information and the warning that any breach could lead to disciplinary proceedings. He was also told, under the Official Secrets Act, the unauthorised disclosure of documents was an offence.

The offences by Sawers came to light when police began an investigation into the case of 27-year old Calum Stewart on charges of breach of bail and attempting to pervert the course of justice by threatening his ex-partner, Kelli Anne Smillie, if she gave evidence in a trial in July, 2013.

Stewart paid for her and her mother to leave the country and go on holiday to Benidorm on the week of the trial.

The police investigations led them to a number of phone calls and text messages between Stewart and Sawers between 24 and 29 January 2014.

These led to Stewart phoning Kelli Anne threatening her and her mother. They were to be witnesses in the outstanding trial which has since been deserted by the Crown.

The police also recovered Sawers’ iPhone. Although many messages had been deleted, forensic experts were able to recover them and the telephone numbers of the senders and receiver. They showed that between April 2008 and January 2014, Sawers had passed on information to other people on nine occasions.

A check on the productions office computer showed shortly after receiving a call, Sawers’ secret personal user number was used to access the information.

The jury also found Stewart guilty of attempting to pervert the course of justice and breach of bail. Neither men gave evidence during the trial – much to the relief of the Lord Advocate.

The Crown Office also admitted 40 staff  had been subject to disciplinary action, been suspended, dismissed or have been moved to other duties as a result of disciplinary action between January 2013 to late last year and  that 14 of those staff members were suspended in the period requested. The reasons for suspension included allegations related to potential criminal activity and/or charged by Police; and breach of trust.

Of the 40 members of staff who were suspended, 10 were dismissed from the Crown Office.

However officials refused to identify the reasons for their dismissal, insisting they wished to protect the identities of their colleagues and nature of the sackings.

A legal insider has since come forward this week to indicate former Crown Office staff including some of those who were sacked or had faced criminal charges – are back working with private law firms and public bodies with links to the Scottish Government.

The Scottish Sun newspaper reported further, here:

Crooks of the Crown: 15 legal staff on charges

EXCLUSIVE by RUSSELL FINDLAY 7 Mar 2016

COPS charged 15 Crown Office workers with crimes including drugs, police assault and perverting the course of justice.

Violence, vandalism, threats and data breaches were also among the alleged offences.

And 11 of those cases reported over the last two years went to court.

A source said: “The nature of the criminal charges are very serious.

“The Crown Office should be beyond reproach as it’s responsible for highly sensitive information about the most serious crimes and sudden deaths.”

Four of the 11 employees taken to court pleaded guilty, one case was dropped, four are ongoing and the outcome of one is unknown.

It’s thought Edinburgh procurator fiscal’s office worker Iain Sawers, 26, is the only one found guilty.

He was jailed for 18 months in 2014 for attempting to pervert the course of justice by leaking details of cases.

The information about staff charges from the two years to November 2015 was unearthed using freedom of information laws.

Similar data on police officers accused of crimes is published by the Scottish Police Authority.

Last night, Scottish Tory justice spokesman Margaret Mitchell said: “The Crown Office should be no different from Police Scotland in that they should routinely publish this information.”

The Crown Office is Scotland’s prosecution agency headed by the country’s most senior law officer Lord Advocate Frank Mulholland.

A spokesman said: “We employ more than 1,600 staff, the overwhelming majority of whom uphold our high standards of professionalism. Any breach of rules is dealt with swiftly and appropriately.”

 

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CRIME FLIES: Crown Office jet set junket racket – Files reveal Prosecutors spent £57K on international & domestic air travel as crooks deal plea bargains to dodge law & courts

Prosecutors swap court time for international jet travel. SCOTLAND’S Prosecutors based in Edinburgh at the Crown Office & Procurator Fiscal Service (COPFS) – are now spending as much time in the air jetting between international destinations than chasing some of Scotland’s biggest crooks, tax dodgers, gangsters & serial offenders.

Figures obtained by the media show the Lord Advocate, Frank Mulholland and his team of staff jetting off to 39 international destinations and choosing air travel over other modes of transport for 143 domestic UK flights – all funded by public cash.

Hong Kong, Mauritius, Taiwan South Africa, Australia, Malta, San Francisco, and New York are listed among the international destinations visited by Crown Office employees on the taxpayer air junket ticket.

The figures (Destination & number of flights) reveal: International flights 2012/13:  Albania  2, Amsterdam  10, Brussels  1, Budapest  1, Cape Town  1, Charles de Gaulle  2, Cologne/Bonn  1, Copenhagen  2, Frankfurt  1, Lisbon  2, Luxembourg  4, Malta  1, Pula  1, Rome Leonardo de Vinci  2, Washington Dulles Int  5, 2012/13 Total  36

International flights 2013/14:  Amsterdam  12, Basle  1, Brussels  1, Bucherest, Romania  2, Canberra  1, Charles de Gaulle  5, Hobart  3, Krakow  1, Luxembourg  3, Madrid  2, Taipei  1, Vilnius  1, Washington Dulles Int  1, Total  34

UK Domestic flights 2012/13: Aberdeen  2, Benbecula  2, Birmingham  1, Edinburgh  9, Glasgow  8, Inverness – Airport  2, Kirkwall  1, Lerwick, Shetland  1, London City  34, London Gatwick  7, London Heathrow  28, Manchester  2, Total  97.

UK Domestic flights 2013/14: Birmingham  4, Edinburgh  9, Glasgow  6, Inverness – Airport  4, Kirkwall  3, Lerwick, Shetland  14, London City  30, London Gatwick  9, London Heathrow  42, London Stansted  3, Stornoway  5, Total  131

The growing air junket habit at the Crown Office comes after the media exposed a bonus culture racket among Scots prosecutors – revealing Crown Office staff share bonus payoffs of more than £580,000 in just two years.

Yet, every year, the Edinburgh based Crown Office – which costs taxpayers a staggering £112.5 million every year – issues regular press releases claiming hard up prosecutors are busy chasing hundreds of criminal gangs and  thousands of unknown gangsters and their ‘professional’ advisers – who hardly ever see the inside of a court room.

Recently the Crown Office has come in for criticism after a number of high profile and expensive prosecution flops which allowed criminals to walk free after prosecutors failed to do their job.

And in a number of cases presented by the Crown Office as successes for justice – a deeper look into the facts of the prosecutions and their outcomes revealed plea bargains and  proceeds of crime seizures dwarfed by vast amounts of publicly funded legal aid paid to crooks.

Last week, BBC news reported a Perth drugs dealer had been allowed to keep £300K of his drugs profits – after high flying prosecutors cut a plea bargain deal.

The Crown Office and Lord Advocate Frank Mulholland have also been hit with criticism over their refusal to prosecute the driver of the Glasgow bin lorry tragedy which resulted in six ‘preventable’ deaths.

Another similar case where Prosecutors were criticised for a failure to act involved the deaths of two students, killed by a driver of a Range Rover in Glasgow in 2010. The Crown Office dropped their attempt to prosecute the driver in 2013. Both cases are now the subject of bids to begin private prosecutions.

The Scottish Sun reports:

CRIME FLY WITH ME: Taxpayers foot exotic trips bill 

Prosecutors’ £57K travel costs

Exclusive:by Russell Findlay Scottish Sun 03/01/2016

PROSECUTORS were blasted for splurging more than £57,000 of taxpayers’ cash last year alone flying staff across the globe.

Hong Kong, Mauritius, Taiwan and New York were among 15 exotic destinations visited by Crown Office employees.

And since 2012, they have taken off on a total of 109 international flights to places like South Africa, Australia and Malta.

Yesterday, Tory MSP Alex Johnstone slammed the foreign travel bill as “appalling”.

It comes as Finance Secretary John Swinney raised the Crown’s budget by £400,000 to £112.5million for this year, despite massive public spending cuts elsewhere.

Mr Johnstone said: “Hard-working Scots will be appalled to learn their cash is going on flying staff out to far-flung destinations.

“If it’s not to solve a crime, then they shouldn’t be going — there are plenty of conferences and training events in the UK.”

He added: “As the SNP are slashing budgets left, right and centre and local courts are closing, this does not represent good value.”

The Crown, led by Lord Advocate Frank Mulholland, racked up £29,504 on 39 international flights to meetings and conferences last year and £27,603 on 143 domestic trips.

The number of overseas flights has remained fairly steady over three years at 36, 34 then 39.

But domestic flights have increased sharply from 97 to 131, then 143 last year.

Amsterdam was the most common destination, with 30 trips since 2012. The Dutch city is a major travel hub and close to the International Criminal Court in The Hague. Flights to Washington DC and Malta were in connection with the ongoing probe into the 1988 Lockerbie bombing.

Scottish Labour justice spokesman Graeme Pearson said: “As prosecution services are finding it hard to deliver justice across our shrinking court system, I hope the authorities can justify the costs.”

A Crown Office spokesman last night defended the outlay and insisted bosses “strive to provide the best value for the public purse”.

He added: “Prosecutors are required to travel abroad in connection with the investigation of cases, in the support of international co-operation and to secure the extradition of individuals who have committed serious crimes.

“It is essential to ensure that Scottish interests are represented at meetings and conferences, which may make decisions which have far reaching consequences for the police, courts and people of Scotland.

“It would be irresponsible not to ensure that representation.”

£26K SPLASHED ON JUDGES’ JAUNTS

by Russell Findlay

JUDGES sparked controversy last year after we revealed they spent £26,000 of taxpayers’ cash on overseas trips.

Top beaks flew out to destinations including Russia, Israel, Switzerland, Germany & France.

The most expensive jaunt was a £5,8000 visit to Canada by Lord Carloway, then Scotland’s No2 judge. Lord Gill, the Lord President also spent five days on a £2,800 trip to Doha, Qatar, where he gave a speech on judicial ethics.

It came after he twice snubbed calls to appear in front of Holyrood’s public petitions committee just 800 yards from his office.

Legal campaigner Peter Cherbi said: “Judges are supposed to sit in courts, not in jets.”

The Judicial Office for Scotland also forked out public money for Lord Armstrong, Lord Boyd and Lady Dorrian to meet other European judges on a three-day trip to Luxembourg.

Lord Eassie travelled to legal events in St Gallen, Switzerland, and Yalta, Ukraine. Lady Clark spent four days in Tel Aviv, Israel, while Lord Hodge went to Paris.

Full details of overseas trips undertaken by Scottish judges are available here: Overseas Travel of Scotland’s Judges 2013-2014 & Judicial overseas trips & expenses claims 2010-2013

 

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ACT OF FRAUD: Files reveal how law chiefs battled to recover £1.8m legal aid cash from estate of suicide lawyer as new questions emerge over ability of Crown Office to pursue legal aid cheat lawyers

£150m annual legal aid bill ‘a fraud target’ DOCUMENTS revealing how an agreement was eventually secured by the Scottish Legal Aid Board (SLAB) & Civil Recovery Unit of the Crown Office & Procurator Fiscal Service (COPFS) to recover £1.8million in fraudulently claimed legal aid have been released by Legal Aid chiefs.

The case of Scotland’s largest legal aid fraud – masterminded by solicitor James Muir who committed suicide in 2005 while under investigation for making multiple & fraudulent claims for publicly funded legal aid – echoes forward to 2015 as the annual legal aid bill of £150 million becomes an ever increasing target for scammers & fraudsters both inside & outside the legal profession.

A minute of agreement archived at the Registers of Scotland and released by SLAB in response to a Freedom of Information request tells the tale of how the stolen public funds were eventually paid back by Muir’s former law firm and his window – Susan Muir – who was a serving Police Officer at the time.

The agreement was signed in September 2007 – two years after Mr Muir committed suicide.

The document describes how Muir’s former law firm – Messrs Sneddon Morrison Solicitors (formerly Sneddons SSC) would repay £259,941,70 to the Scottish Legal Aid Board, and £87,000 to the Civil Recovery Unit of the Crown Office.

Susan Muir, the widow of James Muir, agreed to repay £519,061.84 to the Scottish Legal Aid Board and then a further £884,000 to the Civil Recovery Unit from the sale of a property in Bothwell.

One of the witnesses to the agreement is William Macreath – head of Glasgow based law firm Levy & Mcrae. At the time, and currently, the same law firm represent the Legal Defence Union and the Scottish Police Federation.

Currently, Levy & Mcrae are battling a multi million pound writ lodged against them in connection with allegations over their role in the collapse of Heather Capital,a £400million hedge fund.

However, while the two year effort to recover the fraudulently claimed legal aid and it’s ‘eventual’ repayment was championed by SLAB and the Crown Office at the time, there are questions now as to why the Lord Advocate has not used similar methods to recover millions more in public cash from other lawyers who have also been accused of making dodgy legal aid claims.

Since 2007, numerous solicitors accused of making false or fraudulent legal aid claims have featured in media headlines.

In April 2011 a Sunday Mail newspaper investigation revealed Kilmarnock solicitor Niels S Lockhart had claimed at least £600,000 of taxpayers’ money in just two years.

A Report to the Law Society of Scotland Section 31, Legal Aid (Scotland) Act 1986: Niels S Lockhart released by the Scottish Legal Aid Board to the media – accused Lockhart of deliberately ramping up his claims.

After Lockhart ignored a warning from SLAB to curb his claims, the Scottish Legal Aid Board investigated before a probe team concluded that his applications were a systematic attempt to create extra fees. But despite deciding that he routinely made “unnecessary and excessive” claims, SLAB did not call in police. They referred Lockhart to the Law Society of Scotland who also decided no fraud had taken place.

A further investigation by Sunday Mail newspaper in 2011 established that fourteen solicitors accused of making fraudulent legal aid claims escaped prosecution by the Crown Office.

However, unlike in the James Muir case, the Scottish Legal Aid Board and the Crown Office appear to have made no attempts whatsoever to recover public funds in the additional cases –  which could potentially total millions of pounds.

The documents, provided by the Scottish Legal Aid Board in response to an FOI request along with a statement of SLAB’s investigation of James Muir and subsequent events including the eventual recovery of the fraudulently claimed legal aid funds are published, with signatures & addresses redacted, below:

Statement from the Scottish Legal Aid Board:

The firm of James H G Muir SSC was subject to investigation by the Board’s Compliance and Solicitor Investigation unit from November 2004. The firm was identified through the Board’s on-going programme of monitoring and investigating of legal aid expenditure.

Issues were identified from an analysis of expenditure, and investigation work on the profile of applications received and accounts submitted for payment in respect of Children’s cases by the firm. Theses issues included the persistently high cost of cases, the nature of the subject matter, the content of material submitted with accounts, as well as inconsistencies between the personal details of children on applications submitted and the same information included with the accounts. These aspects, together with discrepancies in information submitted by Mr Muir subsequently cross-checked with third parties such as the Scottish Court Service and Scottish Children Reporter Agency, caused sufficient concern for the Board to contact the Crown Office and Procurator Fiscal Service (“COPFS”) in February 2005. COPFS in turn instructed Strathclyde Police to investigate the matter.

Mr Muir died on 20 April 2005. The criminal section of the Crown Office could not carry out in further investigative work as, with the death of Mr Muir, there could be no prosecution of any party. Mr Muir’s death also presented a number of matters that required to be resolved. These included the ingathering of the Estate, the involvement of the Civil Recovery unit and the work of forensic accountants in establishing any ‘dirty money’ streams to assets.

The CRU worked to preserve and identify assets, while the Board sought to establish the extent of any fraudulent activities and charges made by Mr Muir. This work not only involved investigating Mr Muir’s firm, which was established in 2001, but also required us to consider his activities when he was a Partner with his previous firm, Sneddon Morrison.

Once the extent of the fraud, the most serious ever uncovered by the Board, was established at £1,8m, it was then a matter to secure the recovery of the sums from both the estate of the late Mr Muir and in addition the firm of Sneddon Morrison. It was established that the partners and staff of Sneddon Morrison were not involved in the fraudulent scheme carried out by Mr Muir when a partner, but the firm did benefit from the fraudulent payments and consequently were required to repay these sums, which they did.

A considerable amount of analysis, enquiry and investigation was dedicated to this case. Work had to be done to demonstrate to all relevant parties that Mr Muir had indeed perpetuated a fraudulent scheme on the Board over several years, and in respect of the Proceeds of Crime all the defrauded sums had to be repaid. This was achieved without having to resort to costly and lengthy court proceedings, although this was a course of action the Board and the Civil Recovery Unit would have taken, and had been ready to take, had it proved necessary.

A Minute of Agreement was signed and lodged in September 2007 and thereafter the defrauded sums were repaid which includes the £812,827 paid to the Board as detailed above.

As you will appreciate the period from the initial enquiry in 2004 to the final recovery of fraudulently claimed funds in 2007 involved considerable time and a number of Board staff dedicated to investigate this matter adequately. Initially the focus was on Mr Muir’s own firm but as the enquiry widened other cases in respect of Accounts paid to Sneddon Morrison were also considered. Much of 2005 was devoted to the retrieval of information and during this time the Board liaised closely with the Civil Recovery Unit to ensure all assets were identified and all sums that could be classified as fraudulently claimed were repaid.

It is of course a matter of regret that Mr Muir died during the investigation but consequently the nature of the enquiry changed from one in respect of fraud to recovery.

It took some months for the Board to establish the extent of the fraud as it did for the Executor of the late Mr Muir’s estate to in-gather sums and to realise assets: this meant that work on this case continued throughout 2006. The Board and the Civil Recovery Unit agreed figures for repayment from both the Estate and the Partners of Sneddon Morrison, and this process of negotiation—which took some months and active involvement of the Board’s senior management—was successfully concluded in 2007 when the fraudulent sums were finally repaid.

The fraud was initially identified as a result of the Board’s implementing a new process for internal review of Legal Aid expenditure: that process highlighted the activities of Mr Muir. The Board has a proactive counter fraud culture. This includes the on-site audit of all firms and solicitor registered for Criminal Legal Assistance, an Accounts Verification Unit with access to the Scottish Court Service system to enable third party verification, a process that can also adopted in respect of the Scottish Prison Service and Police Offices. In addition there is an imbedded Analysis and Management Information unit within the Board that actively monitors trends in Legal Aid expenditure by firm and individual solicitors highlighting any changes or anomalies that require further clarification or enquiry.

The Agreement: MINUTE OF AGREEMENT between 

(1) THE SCOTTISH LEGAL AID BOARD, 44 Drumsheugh Gardens, Edinburgh, EH3 7SW and

(2) THE CIVIL RECOVERY UNIT, on behalf of the Scottish Ministers, 25 Chambers Street, Edinburgh and

(3) MESSRS SNEDDON MORRISON, Solicitors, formerly Sneddons SSC, a firm of solicitors having a place of business at Clydesdale Bank Chambers, 16 East Main Street, Whitburn, EH47 ORY and

(4) MRS SUSAN MUIR, and

(5) MRS SUSAN MUIR qua Executrix of the iate James Hamilton Gibb Muir SSC

Whereas the parties wish to resolve their dispute regarding the repayment of sums paid from the Scottish Legal Aid Fund to Messrs Sneddon Morrison, Solicitors, formerly Sneddons SSC, and James Muir SSC, deceased, they have agreed as follows:

(1) Messrs Sneddon Morrison, Solicitors, formerly Sneddons SSC, will pay the sum of £259,941,70 to the Scottish Legal Aid Board with immediate effect.

(2) Messrs Sneddon Morrison, Solicitors, formerly Sneddons SSC, will make payment of the sum of £87,000 to the Civil Recovery Unit, on behalf of the Scottish Ministers, with immediate effect.

(3) Messrs Sneddon Morrison, Solicitors, formerly Sneddons SSC, withdraw, waive and renounce any claim or right of relief which may lie against Mrs Susan Muir or the estate of the late James Muir, and further waive all claims for payment of any other sums which may be due to the firm of Sneddon Morrison, Solicitors, formerly Sneddons SSC, from Mrs Susan Muir or the late James Muir or his estate by way of partnership accounting or any other reason.

(4) Mrs Susan Muir qua Executrix will make payment of the sum of £519,061.84 to the Scottish Legal Aid Board as soon as reasonably practicable, and no later than 2 months from the date of signing this agreement. . /

(5) Susan Muir-will arrange for the dwellinghouse to be marketed for sale within 1 month of the date of this agreement, in the event that such steps have not already been initiated by her prior to signature of this agreement.

(6) Susan Muir will make payment of the sum of £884,000 to the Civil Recovery Unit, on behalf of the Scottish Ministers, from the free proceeds of the sale of that dwellinghouse and from monies within her late husband’s estate being the balance after payment of those sums identified as payable to the Scottish Legal Aid Board and from monies within such accounts and/or other investments as are directly related to savings or investments from the late Mr Muir’s earnings from the Scottish Legal Aid Fund. Where any portion of that sum is derived from.the free proceeds of sale of the dwellinghouse, payment of that portion will be made within 4 months of the date of signing this agreement. Where any portion of that sum is derived from any other sources, payment will be made within 2 months of the date of signing this agreement.

(7) Susan Muir, as an individual and qua executrix withdraws, waives and renounces any claim or right of relief which may lie against the firm of Sneddon Morrison, Solicitors, formerly Sneddons SSC, and the whole partners thereof.

(8) All payments made under this agreement are net of VAT, and any refund of VAT made to either Messrs Sneddon Morrison, Solicitors, formerly Sneddons SSC, or Susan Muir, qua executrix or otherwise, in respect of the payments which are the subject of this agreement, shall be paid to the Scottish Legal Aid Board. Any refund of Income Tax made to Susan Muir, qua executrix or otherwise, in respect of the payments which are the subject of this agreement, shall be paid to the Scottish Legal Aid Board.

­(9) The Scottish Legal Aid Board and the Civil Recovery Unit, on behalf of the Scottish Ministers, discharge the parties to this agreement of the respective claims against said parties upon payment in full of all sums due to them in terms of clauses 1, 2, 4 and 6 by those parties under this agreement.

(10) The above agreement is without prejudice to the right of the Scottish Legal Aid Board and the Civil Recovery Unit, on behalf of the Scottish Ministers, to initiate appropriate proceedings in the event that any party fails to make payment as agreed upon.

(11) The Scottish Legal Aid Board by Tom Crighton Murray, Director of Legal Services and Applications, at Edinburgh on the Seventh day of September Two Thousand and Seven; and they are signed on behalf of the said Civil Recovery Unit, on behalf of the Scottish Ministers, by Lorna Hams, Head of the Civil Recovery Unit, at Edinburgh on the Seventh day of September Two Thousand and Seven in the presence of Claire Meikle, witness, of Victoria Quay, Edinburgh; and they are signed on behalf of the said Messrs Sneddon Morrison, SSC, by Roy Donald Lumsden, Eric Robert Lumsden, David Andrew Johnstone and James Morrison, four of their partners, and the said James Morrison has adhibited the firm name of Sneddon Morrison & Co, all at Whitburn, West Lothian on the Fourth day of September Two Thousand and Seven in the presence of Graeme Alexander Laird, witness, of West Main Street, Whitburn; and they are signed by the said Susan Muir, as an individual, at Glasgow on the Sixth day of September Two Thousand and Seven in the presence of William Couperthwaite Macreath, witness, of 266 St Vincent Street, Glasgow, G2 5RL; and they are signed by the said Susan Muir, qua Executrix of the late James Hamilton Gibb Muir SSC, at Glasgow on the Sixth day of September Two Thousand and Seven in the presence of William Couperthwaite Macreath, witness, of 266 St Vincent Street, Glasgow, G2 5RL.

Further reports & investigations on Legal Aid Fraud can be read here: Legal Aid Fraud – Prosecutors & Legal Aid Chiefs operate inconsistent policy on pursuing legal aid cheats

 

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SPEAK UP IN PRIVATE, M’LUD: Terse exchanges between Scotland’s top cop & judge on Police corruption claims saw Chief Constable slapped down amid accusations of interfering with the role of the judiciary

Top cop cannot interfere with judiciary – Sheriff AN EXCHANGE of letters between the Chief Constable of Police Scotland and a Sheriff Principal relating to comments made by a Sheriff of ‘endemic’ Police corruption during a criminal trial of a Police Officer – reveal Scotland’s top cop said the Sheriff should have raised his concerns in private instead of airing such matters in open court.

The case, reported earlier last month by the media HERE saw the Chief Constable accused of trying to interfere with the role of Sheriffs after the top cop expressed his anger at a sheriff who suggested a cover-up culture might exist within his force.

In a letter to Sheriff Principal Brian Lockhart – Sheriff Dickson’s boss, Sir Stephen House wrote: “I was extremely disappointed that, in the context of this case, Sheriff Dickson was quoted publicly inferring that there is a perceived widespread culture of corruption and cover-ups, to protect fellow officers, within Police Scotland. I vehemently reject any assertion that this case is somehow the tip of an iceberg which needs to be “stamped out” to prevent a “corrupt force” Public confidence and satisfaction in Police Scotland remains high, and unsubstantiated comments from an influential member of the judiciary are extremely damaging .”

The Chief Constable then went on to suggest it would have been better for Sheriff Dickson to raise his concerns in secret, rather than in court.

Sir Stephen House told Sheriff Principal Lockhart: “If Sheriff Dickson had concerns based on specific cases and evidence, I would have expected him to raise these with, either directly or via yourself, in confidence, rather than read about these via sensationalised media reporting.”

Clearly, aggrieved at the situation, the Chief Constable then sent a flurry of press cuttings to Sheriff Principal Lockhart, along with an offer to meet to discuss the situation.

Responding to the criticisms, Sheriff Principal Brian Lockhart told the Chief Constable members of the judiciary are entitled to make comment on cases before them, and the offer to meet was refused.

Full text of letters between top cop & sheriff released by Judicial Office. Sheriff Principal Lockhart told Chief Constable House: “Assuming that the press reports are accurate, in my view Sheriff Dickson was entitled to draw from the facts before him that this cover-up may not have been a one-off incident. The off-duty detective who saw McKiliion, apparently under the influence, driving away from a supermarket, deliberately chose not to state his name or job when she called the incident in, as she thought it would not be dealt with appropriately. She was clearly right to do so, in this case. The lead investigating officer recognised McKiliion, chose not to breathalyse him, and radioed his control room to say there was no-one at the house. He then said to his younger colleague “You don’t want to grass on another cop or you will have no future in the police.” His colleague felt intimidated.”

“Taken together, this is ample evidence to support the Sheriffs remarks. He expressed concern that this might not be a one-off instance. He said “there may be (emphasis mine) a perceived culture that police officers are willing to prevent the arrest and prosecution of a colleague.” He said that if such a culture exists, it required to be stamped out. In my view his remarks were neither ‘sweeping’ nor ‘unsubstantiated’. They were carefully phrased expressions of concern, justified by the evidence in the case before him.”

“Moreover, Sheriff Dickson was commenting in his capacity as a judge on evidence led before him, in a case likely to raise considerable public concern. This he was entitled to right, and a duty, to state them, in order that public confidence in the judicial system is not further damaged. To suggest otherwise fails to recognise the role of the judiciary. The integrity of the police force is not merely a matter of concern to senior police officers but to us all.”

“For these reasons, as Sheriff Principal I do not propose to take any action in this case. However, I think it is important that the Lord President is aware of this exchange of correspondence and I am accordingly forwarding a copy to him.”

Whether the Lord President at the time – Lord Brian Gill – took any further action on the matter, is unknown.

However, during his time as Lord President, Lord Gill was prone to issue guidance and edicts if matters concerning the judiciary boiled over into the media – therefore it would be surprising if Scotland’s top judge at the time gave no input on this affair.

Ironically, the Police Officer who was the subject of the heated exchange had his conviction quashed last week on appeal.

David Carmichael was originally sentenced to seven months in prison for wilful neglect of duty after a court heard claims he deliberately lied to protect a fellow officer from being investigated for allegations of drink driving.

Former Strathclyde police constable Carmichael had been freed on interim liberation pending an appeal against his conviction and the jail sentence imposed on him.

Sheriff Dickson prepared a report for judges at the Justiciary Appeal Court in Edinburgh posing the question whether on the facts found in the case was he entitled to convict.

Lord Drummond Young, sitting with Lady Clark of Calton and Sheriff Principal Ian Abercrombie QC, ruled that the answer was in the negative.

The senior judge said they would give reasons in writing for the decision later.

Carmichael’s counsel, Gordon Jackson QC, said: “This appellant was convicted of a common law offence of neglect of his duty as a police officer.”

Mr Jackson said the alleged failure fell into three parts – failure to make full and proper inquiry, failure to follow a procedure requiring a person to reveal who was driver of a car and a false report.

The senior counsel said: “That would be a matter of police discipline but would not be neglect of his duty.”

While the events are now well documented, Justice Diary has published the correspondence between the Chief Constable & the Judiciary in full which was released by the Judicial Office in response to Freedom of Information Requests – given the content of the communications is in keeping with the public’s right to know, and the current debate on role of the judiciary along with judicial transparency & accountability.

 

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