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THE COP FACTOR: Scottish Police Authority refuse to release documents on sex assault case top cop who wants to be Chief Constable – now, new info said to contain more complaints & references to ‘interaction with another officer’

SPA block files release on sex case cop who wants top job. DOCUMENTS detailing new, and serious complaints against a senior cop previously linked to a case involving five allegations of sexual assault, and now, fresh details of an additional ‘interaction with another officer’, are being kept secret by the Scottish Police Authority (SPA).

The secrecy move by the Scottish Police Authority, under their new chair of ex MSP & former Health Minister Susan Deacon – comes as three senior Police officers – including current Deputy Chief Constable Iain Livingstone – submitted their applications to be considered for the £216,549 a year role as Chief Constable of Police Scotland.

Material in relation to new complaints made against DCC Iain Livingstone was sought from the Scottish Police Authority in February of this year, after information was received with regards to further serious complaints made against Police Scotland’s current ‘interim’ Chief Constable.

However, the SPA under Susan Deacon deliberately delayed releasing their response to the Freedom of Information request – by a number of months, as members of the Scottish Police Federation and Scottish Government ministers bolstered DCC Livingstone’s position as front runner for the top job – despite the grim details of a case involving 5 allegations of serious sexual assault which were dismissed by a tribunal composed of Livingstone’s male cop colleagues.

The Scottish Police Authority were asked to provide details of :

  • The numbers of complaints, subject of complaints, and identities (not name, but by rank, status as Police Officer, civilian employee, member of the public or other)
  • Who have made complaints (and the numbers of complaints) against current DCC Iain Livingstone from 1 April 2013 to the date of this FOI request
  • The status, and outcomes of these complaints.

It should be noted Information in relation to a number of these complaints, has recently been shared with MSPs, and the media.

However, and some time after discussions over the Freedom of Information request had taken place, inside & outside the SPA – the Scottish Police Authority responded to the FOI request four months late, in early June – denying access to all of the information sought in relation to DCC Livingstone.

In their response, issued months late and outwith Freedom of Information timescales, the Scottish Police Authority wrongly claimed the material sought was “personal data of a third party” in a concerted attempt to conceal further details of complaints against DCC Livingstone from the public.

The Scottish Police Authority stated in it’s letter of response, dated 8 June 201:

The SPA considers that this request constitutes personal data of a third party and is, therefore, exempt in terms of Section 38 (1)(b) of the Freedom of Information (Scotland) Act 2002.

Furthermore this information is exempt under Section 34 (3)(a) of the Freedom of Information (Scotland) Act 2002 – Investigations by Scottish public authorities and proceedings arising out of such investigations.

Both are absolute exemptions and as such no public interest test has been applied.

A request for review has been lodged, and material also sent to the Scottish Information Commissioner with regards to the SPA’s refusal to disclose the information.

The Scottish Police Authority’s eagerness to conceal information in relation to a senior Police Officer – who has been previously accused of 5 allegations of serious sexual assault, and has faced further complaints including an ‘interaction’ with another officer – raises questions about the impartiality of the recruitment round to appoint a new Chief Constable to Scotland’s crisis hit single Police service.

With reference to the five allegations of serious sexual assault, Iain Livingstone was cleared of sexual impropriety or intent – by a tribunal headed by a male top cop colleague – Assistant Chief Constable John McLean.

The former lawyer and Raith Rovers footballer had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.

A qualified lawyer and member of the Law society of Scotland, Mr Livingstone switched careers in 1992, joining Lothian and Borders Police.

In just 10 years, Livingstone – who had also once played for Raith Rovers – had clearly been fast tracked, reaching the rank of superintendent.

At the time of the allegations and ‘internal’ investigation by his Police colleagues, Livingstone was not prosecuted by the Crown Office over the claims.

Instead, Livingstone admitted a less serious allegation about being in the woman’s room overnight and falling asleep.

It should be noted that during the time of the investigation & tribunal, handled by Police, the Lord Advocate was Colin Boyd, Baron Boyd of Duncansby – now a judge in the Court of Session, and the Solicitor General was Elish Angiolini – recently appointed by Nicola Sturgeon a Scottish Minister to investigate how complaints are handled against Police in Scotland.

Asked about the sexual assault allegations during a recent BBC Scotland documentary, DCC Iain Livingstone said he “fell asleep in the wrong place and that was all”.

Although he admitted that he ‘shouldn’t have done that’, he insisted that he still has the right attributes for the job.

During the documentary, A Force In Crisis, investigative journalist Sam Poling asked Mr Livingstone about the ‘allegations of sexual assault’ and about him being ‘bumped down from superintendent to constable and suspended’.

Mr Livingstone said: “There was a set of circumstances in 2000 whereby at a social event at Tulliallan, at a training event I had too much to drink.”

Livingstone said in the programme: “I fell asleep in the wrong place and that was all and I shouldn’t have done that, and clearly I accept that.

‘I was suspended, I spent time off work. There was a hearing convened where I did accept I fell asleep.I was cleared of any sexual impropriety.

‘I was cleared of any level of sexual intent and at that hearing, initially, I was then demoted from superintendent to constable. I immediately appealed against that and I was reinstated.”

Politicians also questioned his suitability for the job after his response to the claims in a BBC documentary this week – saying only that he ‘fell asleep in the wrong place and that was all’.

One MSP said: ‘I was quite concerned by how he came across. It raises more questions about what happened and his fitness for the role.’

However, Livingstone’s application for the top job – which appears to be backed by Scottish Ministers, and the Scottish Police Federation has been called into question after a former Assistant Chief Constable said Livingstone should not get the top job.

Ex top cop speaks out on sex case linked DCC Iain Livingstone’s quest to be Chief Constable:

In an article in the Daily Mail newspaper, Angela Wilson, ex-Assistant Chief Constable at Police Scotland said DCC Iain Livingstone should not get the job after his humiliating confession about his past.

Angela Wilson believes the allegations should disqualify Iain Livingstone from leading the force.

Miss Wilson – now chairman of the Women’s Rape and Sexual Abuse Centre in Dundee said: “I feel uncomfortable with the head of Scottish policing having an allegation of this nature in his past. We deserve a leader who does not have an issue like this in their background.”

“The police should be above the kind of thing revealed by the BBC programme. We should be the most honest people in society.”

“As far as I understand this case, it was one person’s world against another’s.”

“The police must have taken it very seriously to initially reduce him in rank after finding him guilty of a disciplinary offence.”

“People are much more aware that inappropriate workplace behaviour will not be tolerated. To have a Chief Constable of Police Scotland with something like this in his past is not good.”

“Some might say it was many years ago, but it doesn’t matter because other people in society have been held to account for historic misconduct and they are in much less important positions.”

“His explanation was one I did not feel comfortable with.”

COPS TURN ON THEIR OWN: Scottish Police Federation boss launches twitter attack on ex colleague:

Following the comments from ex ACC Wilson, Calum Steele, the leader of the Scottish Police Federation (SPF), launched attacks on his female former colleague on the twitter social media platform.

The Sunday Mail reported that Calum Steele – a Police Constable with an honorary rank as Chief Inspector due to his Police Federation duties –  also branded ex ACC Wilson “useless” and a “buffoon” and wrongly claimed in tweets that a corruption inquiry in her former force Tayside “extended” to her.

Steele is general secretary of the Scottish Police Federation (SPF) who have 18,500 members and represent 98 per cent of police officers.

Steele posted a string of six tweets last week after Wilson spoke out on the prospect of DCC Iain Livingstone gaining the top job as Chief Constable of Police Scotland.

The first of Calum Steele’s tweets said she was “one of the most incompetent imbeciles ever to have held rank in the police service”.

It claimed she was continuing “a smear on one of the very best”, adding: “You really need to ask – who is driving this?”

He went on to say that Wilson had served in Thames Valley Police as did Claire Gormley, the wife of Phil Gormley who quit as head of Police Scotland in February following bullying allegations against him.

Steele added: “AW [Angela Wilson] and the Gormleys have an axe to grind. It’s frankly pathetic.”

He also described Livingstone as “one of the most talented, able, skilled and resilient police officers”.

Scottish Tories justice spokesman Liam Kerr said: “Mr Steele has a position of responsibility and should probably have thought more carefully before embarking on this chain of tweets.

“The result of this is now a potential legal case which will drag the force and its associated bodies through the mud at a time it never needed it less.”

Angela Wilson subsequently lodged a formal complaint with Police Scotland and the SPF.

It was then reported in the Sunday Mail newspaper that – as a result of the complaint raised by ex ACC Wilson, Constable Calum Steele was found guilty of posting “inappropriate and offensive” online comments about a female ex-police chief.

Upholding the complaint, Chief Inspector Jacqui Campbell, of the Professional Standards Department (PSD), ruled the comments were “inappropriate and offensive” and that Wilson was “never investigated for corruption”.

Steele claimed to be off duty when he launched the Twitter tirade on May 3 but the Professional Standards Department probe discovered that he was working.

Campbell said: “The record revealed Constable Steele’s duty for that date was 0900 to 1700 hours, therefore, at the time the tweets were posted he was on duty.”

Campbell has issued Wilson a “sincere apology for the undoubted upset Constable Steele’s actions have caused”.

But Steele – who heads the federation representing 98 per cent of Police Scotland officers – “makes no apology” and refuses to delete the messages.

Campbell said: “We have asked Constable Steele to remove the relevant tweets from his Twitter account. Unfortunately, it is his own personal Twitter account and, as such, we are unable to order him to remove or delete them.”

Despite Steele’s messages being from a personal account, Campbell found “they are directly related to his role as a police officer and particularly his role as general secretary” of the SPF.

Mr Livingstone has been regarded as the favourite to replace Phil Gormley, who quit in February after being accused of bullying by colleagues.

Following Gormley’s leave of absence last year, a campaign of suspensions, bitter infighting dubbed ‘backstabbing cops’ in the media, and now scrapped criminal investigations into colleagues of the ousted Chief Constable then took place over a number of months – setting the stage for DCC Livingstone to conveniently scrap his retirement plans, and campaign, along with vested interests in the Scottish Police Federation to replace the ousted Chief Constable.

Steele, who spoke to PSD officers through a lawyer, now faces a further hearing which may result in disciplinary action. His lawyer quoted a dictionary definition of “imbeciles” as meaning “a fool” and that it was “a fair and honest comment that represents Constable Steele’s honestly-held belief”.

Scottish Conservative justice spokesman Liam Kerr said: “Calum Steele should really back down, apologise and delete the offending tweets. Otherwise this row will rumble on.”

Chief Superintendent Mark Hargreaves, head of the Professional Standards Department, said: “The investigation into this complaint has concluded and as this is an internal matter it would be inappropriate to comment further.”

THE MSP & SEX CASE TOP COP: Ex cop MSP failed to declare link to sex case cop Livingstone:

In an earlier report in the Sunday Mail newspaper, it was also revealed that while DCC Iain Livingstone was giving evidence to the Scottish Parliament’s Justice Committee in January, Justice Committee member & former police officer John Finnie had failed to tell fellow MSPs he had represented Iain Livingstone when he was cleared of sexual misconduct.

At Holyrood’s justice committee in January, John Finnie quizzed Livingstone about staffing levels and said losing chief officers was one of the benefits of creating a single police force.

Scottish Labour justice spokesman Daniel Johnson said: “John is a valued colleague on the justice committee but I am alarmed that he did not see fit to declare this link with the acting chief constable.

“Police Scotland are in desperate need of scrutiny – and the public will expect such scrutiny to be conducted professionally.

“I would urge him to correct the record and to ensure he declares interests fully and promptly in future.”

A spokesman for the Scottish Conservatives added: “He also owes parliament an explanation as to why he neglected to mention this very important link.”

Finnie spent 14 years as an official for the Scottish Police Federation (SPF) – the organisation who represent police officers up to the rank of chief inspector.

SCOTLAND’S NEXT TOP COP:

There are three shortlisted candidates for the Chief Constable role at Police Scotland.

Deputy Chief Constable Iain Livingstone, whose past & current complaints records are being kept secret by the Scottish Police Authority, and Police Scotland.

A second candidate – Police Scotland Deputy Chief Constable Johnny Gwynne – a former head of the National Crime Agency’s (NCA) Child Exploitation and Online Protection command – has also applied for the job.

Gwynne, a former Royal Ulster Constabulary (RUC) officer also previously held the post of former deputy director-general of the Scottish Crime and Drug Enforcement Agency – which was absorbed into Police Scotland in 2014.

The third candidate is Lincolnshire Police Chief Constable Bill Skelly, who joined Devon and Cornwall Police from Police Scotland as Deputy Chief Constable in 2013 and was appointed as chief Constable of the force last year.

The shortlisted candidates will undergo a selection process including two panel interviews, chaired by the Scottish Police Authority’s own boss Susan Deacon.

And the selection panel will also include SPA board member Mary Pitcaithly, NHS Scotland chief executive Paul Gray, Professor Lorne Crerar, – chairman of legal firm Harper MacLeod; and National Crime Agency Director General Lynne Owens.

Gill Imery – the current Her Majesty’s Chief Inspector of Constabulary in Scotland will also act as an ‘advisor’ to the team.

According to the job information pack: “Shortlisted candidates will be invited to participate in a psychometric and personality profile exercise, an Assessment Centre, and an interview with the Selection Panel.”The assessment centre will include a scenario exercise and a mock media interview.

Final interviews of the three candidates are expected to take place on 13 and 14 August.

A report on the allegations of sexual assault against Iain Livingstone by a female Police Officer, allegations which were dismissed by a tribunal headed by male Police Officer colleagues of Livingstone was reported earlier by DOI here: TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

 

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PROBE CONFLICT: £604K public cash inquiry magnate Ex Lord Advocate appointed to investigate Police complaints – linked to lawyers who represent cops facing complaints

Ex Lord Advocate conflict of interest in inquiry role. A FORMER Lord Advocate who has links to lawyers and a suspended judge who represent the Scottish Police Federation (SPF) and cops facing complaints – has been appointed to review how complaints are handled against cops.

However, details released of the review fail to mention that Dame Elish Angiolini (nee McPhilomy) – hired Levy and Mcrae – who have been paid hundreds of thousands of pounds by Police Scotland & the Scottish Police Authority (SPA) – to get cops off the hook from complaints – including probes into deaths.

One of the lawyers linked to ex Lord Advocate Elish Angiolini – is suspended Sheriff Peter Watson.

Watson, who was suspended from the judicial bench by  Lord Brian Gill in 2015, after being named in a £28m writ linked to bust hedge fund Heather Capital – represents Police officers facing complaints and investigations by the Police Investigations and Review Commissioner.

Links between Angiolini and Watson are revealed in documents obtained from an investigation by Audit Scotland into payments of public cash by the Crown Office to Levy and McRae and Peter Watson.

Meanwhile Watson and his now former law firm Levy and Mcrae – also scoop up public cash for representing cops who are being investigated over complaints.

A recent report in the Scottish Sun found Police paid £187,000 to Peter Watson’s law firm PBW law for legal fees for representing cop clients facing complaints and other ‘issues’.

The newspaper also reported Police Scotland also paid £364,830 in charges over three years to Watson’s former law firm Levy & McRae – who are also linked to Angiolini.

Records also show Peter Watson represents Police Officers on behalf of the Scottish Police Federation – who assign Watson to officers facing difficult complaints investigations.

One of the high profile cases where Watson represents cops being investigated over complaints – includes  the three year investigation of Police Officers involved in the death of Sheku Bayoh.

Sheku, 31, died after being restrained by nine officers responding to reports of a man carrying the knife in the street in Kirkcaldy. Officers used CS spray, pepper spray and batons, after it was claimed Sheku struck Short. Dad-of-two Sheku lost consciousness and died in hospital shortly afterwards.

The Daily Record reported that Days after Sheku’s death in Police custody, the very same lawyer linked to Angiolini –  Peter Watson – who now has his own law firm PBW Law – issued a statement on behalf of the Scottish Police Federation and the officers involved.

He claimed Sheku “punched, kicked and stamped on” a female officer. However, none of this has been proved and a probe into the death is still underway.

The paper also reported Watson threatened the family of the deceased Mr Bayoh, in relation to a facebook posting, claiming the contents were a ‘breach of criminal law’.

A recent report in the Sunday Mail newspaper revealed PC Alan Paton, 44, has been paid about £75,000 to remain at home while the inquiry into the death of Mr Bayoh in Police custody, continues – three years after the events occurred.

A second officer involved in the investigation, PC Nicole Short, is also being paid similar amounts while off duty since Sheku’s death in 2015.

Now, an investigation by journalists into Elish Angiolini’s lucrative inquiry jobbing has revealed the former Lord Advocate has scooped well over half a million pounds of public cash – writing reports on policy areas which in reality have seen little change over the years, and are mainly used by ministers for PR purposes.

Details of large amounts of public cash payments to Elish Angiolini obtained by journalists using Freedom of Information legislation reveal Angiolini has received at least £603,985.41 for a handful of reports.

Payments of public cash from the City of Edinburgh Council to Elish Angiolini reveal the former Lord Advocate received large payments of public cash totalling £123,450 broken down to £40,350.00 in 2013-2014 and £83,100.00 in 2014-2015 – for the Mortonhall Crematorium Investigation and report.

However, the City of Edinburgh Council bitterly resisted releasing details of the payments, and the figures were only eventually disclosed after the intervention of the Scottish Information Commissioner.

Details obtained from the Scottish Government – who also resisted initial disclosure of what are listed as separate payments to Angiolini for a report into National Investigation into Infant Cremation Practices reveal Angiolini received even larger sums of public cash from the Scottish Government totalling at least £240,000 – broken down to £60,000 in 2014/15, £120,000 in 2015/16, and £60,000 in 2016/17

Expenses paid to Angiolini for the exact same report – which were claimed to involve meals for ‘other team members’ totalled £437.13 in 2014/2015, £621.18 in 2015/2016, and £292.05 2016/2017

A response from the UK Home Office disclosed the total amount paid to Dame Elish for work done on the review of Independent Review of Serious Incidents and Deaths in Police Custody was £116,667.

The Metropolitan Police, who paid Angiolini for a Report of the Independent Review into The Investigation and Prosecution of Rape in London – initially refused to release details of their huge payments to Angiolini,.

It then took over five months before the figures were released, and only after the matter had been reported to the Information Commissioner who began an investigation into the Metropolitan Police handling of the FOI request.

The response from the Metropolitan Police, received earlier this week stated: I can confirm the amount paid to Dame Elish Angiolini was £122,518.05 – £120,715.30 for the review and report; and £1802.75 for travel and hotel expenses.

Angiolini, who was Lord Advocate from 2006 to 2011, was appointed ten days ago by the now ousted Justice Secretary Michael Matheson – to look at how complaints are handled against the very same cops her own former lawyer now represents.

However, Angiolini had a chequered career as Lord Advocate, and was once accused of deliberately undermining the judiciary by Scotland’s top judge, the well respected Lord Hamilton.

In a letter released to the media, Lord Hamilton hit out at Elish Angiolini’s use of her Ministerial rank to tell a story of different sorts to the Scottish Parliament, for the collapse of the World’s End murder trial in 2007.

In her address to MSPs in 2007, Lord Advocate Angiolini attempted to blame the court for failures in the collapse of the high profile murder trial, failures which were clearly of her own Crown Office.

Taking issue with Angiolini’s statement in Holyrood’s main chamber, Lord Hamilton said in his letter to Angiolini at the time: I am of the clear opinion that the evidence that was made available to the court was sufficient to put before the jury to allow it the opportunity to decide on the case against Angus Sinclair. Let me set out the Crown case presented to the court.”

You then set out, in a detailed and carefully crafted narrative, the evidence apparently adduced by the Crown and conclude at column 1769 –

“It was the Crown’s position that the evidence in this case allowed … an inference [of guilt] to be drawn.”

It is clear that you were, as Lord Advocate, stating to the Parliament that in your “clear” opinion there was sufficient evidence to go to the jury. The plain implication from that statement was that you were publicly asserting that the decision of the trial judge was wrong.

Although I have read the whole of your statement to Parliament and the statement which the trial judge issued giving detailed reasons for his decision, I have formed no view as to whether or not that decision was sound in law. I am, however, concerned that you have thought it appropriate to challenge, in a public and political forum and in the way which you have, a final decision of the court (whether that decision be right or wrong).

Section 1(1) of the Judiciary (Scotland) Bill provides that certain office holders, including the Lord Advocate, must uphold the continued independence of the judiciary. That section, I believe, reflects an existing recognition that the Lord Advocate, among others, has such a duty. The independence of the judiciary depends, in my view, not only on freedom of individual judges from prior interference with decisions they have to take but a preparedness by the Lord Advocate and others to recognise, in all public pronouncements, that final decisions made by judges, whether on points of law or on applications of the law to particular facts or to particular evidence, reflect the law as it stands and must be respected as such. If such respect is not afforded, the independence of the judiciary as the final arbiter of legal issues is put at risk. An open challenge to the correctness of a final decision does not afford the requisite respect. Rather, it tends to undermine for the future the confidence which judges, faced with difficult decisions in controversial cases, can reasonably expect to have that their decisions will not be openly criticised by other organs of government.

The public prosecutor may of course entertain private views as to the soundness of legal decisions. In the light of experience steps may be taken to amend the law or in a legal forum to challenge the soundness of an earlier decision. But public criticism in a political forum of particular decisions, especially in controversial and sensitive areas, is in my view inappropriate.

My concern is not restricted to this case. The same situation might well arise in any case in which a trial judge sustained a submission under section 97. It might also arise where, on an appeal against conviction, the court held that there had been insufficient evidence in law to warrant it. While such events commonly occur without public interest, they may well occur in controversial cases. It would be most unfortunate were the Lord Advocate to adopt a practice of publicly criticising such decisions.

I can readily understand that, given the issue which had arisen as to whether the Advocate depute had properly exercised his discretion as to what evidence he should lead (or not lead), you would find it appropriate publicly to support him. But such support could have been afforded without public criticism of the judge. In particular, respect for what was treated as being a final decision of the High Court of Justiciary might have been expressly afforded.

I have discussed this letter with the Lord Justice Clerk. He agrees with its terms. He also agrees with my view that the letter should be made public.

The review of PIRC News comes after the PIRC Commissioner Kate Frame spoke out on the subject of who should investigate the Police in a recent Sunday Post article, here: So who should police the police? In her first interview in four years, Police Scotland watchdog breaks her silence

In the interview, Kate Frame called on MSPs to review who probes misconduct claims against officers and said whistleblowers should be able to turn to investigators outside the force.

Ms Frame said: “There is a discussion to be had about whether the police should investigate themselves.

“I think that from the public’s position, they would feel an independent investigation which has not been undertaken by the police would be preferable.”

In an earlier article it was revealed Police Complaints watchdog Kate Frame had accused Scottish Ministers of interfering in her functions as Scotland’s independent Police watchdog, reported by the Sunday Post here: Emails reveal police commissioner accused Scottish government of interfering after Justice Secretary’s aide asks her to delay scathing report

In the article,the Sunday post reported “the Police Investigations and Review Commissioner had to warn one of Justice Secretary Michael Matheson’s senior civil servants to back off after he attempted to persuade her to delay the publication of a damning report.”

“Ms Frame responded to the civil servant’s suggestion that her report might be delayed by writing: “My perception of your remarks is governmental interference with my independence.”

In the wake of the recently announced review to be conducted by the former Lord Advocate, legal insiders view the Scottish Government inquiry run by Angiolini move as an attempt to intimidate further outspoken views against Scottish Ministers interference in the Police Investigations and Review Commissioner and Police Scotland – which has been hit by multiple scandals used by senior officers & ministers in government to set their own agenda for Scotland’s single national Police force.

Angiolini’s glowing fanpage on Wikipedia records she was also working at the Crown Office as Solicitor General during the time in which prosecutors refused to look into 5 allegations of serious sexual assault against Scotland’s now current top cop, Deputy Chief Constable Iain Livingstone.

A report on the allegations of sexual assault against Iain Livingstone by a female Police Officer, allegations which were dismissed by a tribunal headed by male Police Officer colleagues of Livingstone was reported earlier by DOI here: TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

Issues surrounding the allegations of sexual assault made by a female Police Officer against Iain Livingstone while he served at Lothian & Borders Police in 2003 resurfaced during recent scrutiny of Police Scotland over the past year.

Livingstone was however, cleared of the allegations by a hearing chaired by another senior Police officer – John McLean, Strathclyde assistant chief constable. The Police led hearing on allegations against Police Superintendent Livingstone established there had been no sexual impropriety or intent on Mr Livingstone’s part.

However, interest in the 2003 case and details surrounding it has resurfaced – after the single Police service – created by the Scottish Government in 2013 – was hit by several scandals including numerous suspensions of senior officers, allegations of Ministerial meddling with ultimately led to the ousting of Chief Constable Phil Gormley, and the ongoing probe into senior officers use of a surveillance unit within Police Scotland to illegally spy on journalists & cops.

At the time of the sexual assault allegations in 2003, Iain Livingstone, 37, was working as an aide to Scotland’s most senior police officer, Sir Roy Cameron, at Her Majesty’s Inspectorate of Constabulary, when he was suspended in February 2003 over the claims – which arose from a drunken party at the Scottish Police College at Tulliallan.

It was reported at the time that Iain Livingstone – previously a solicitor and member of the Law Society of Scotland – had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.

Five allegations of serious sexual assault made by the female Police officer against Livingstone were dismissed – but, at an internal misconduct hearing, Mr Livingstone admitted less serious allegations, including being in the woman’s room overnight after falling asleep.

The Crown Office has refused to disclose any material in connection with their consideration of allegations of sexual assault again Iain Livingstone – and this would include material during the time which Elish Angiolini was Solicitor General.

Among the raft of appointments to write reports & reviews, including the position of Principal of St. Hugh’s College of the University of Oxford – where she wrote a glowing appraisal of Aung San Suu Kyi, Angiolini is also listed as an Honorary Professor of  The Chinese University of Hong Kong.

Angiolini’s biography on the Honk Kong university site claims “As Lord Advocate she is seen as a moderniser, immediately announcing plans to speed-up justice and clear court congestion, including a scheme to quickly fine minor offenders and require them to pay compensation to victims.” – but makes no mention of significant failures during her time as Lord Advocate, including the episode where she was accused of undermining Scotland’s judiciary.

Michael Matheson’s announcement of Angiolini’s appointment by the Scottish Government was made in the Scottish Parliament:

Ministerial Statement on Police Complaints and Conduct Review

The written transcript of Michael Matheson’s statement:

Cabinet Secretary for Justice – Parliamentary Statement on review of complaints handling, investigations and misconduct issues in relation to Policing.

19 JUNE 2018

Thank you Presiding Officer.   

When I addressed the Chamber in November, on the leadership and performance of policing, I set out my intention to reflect on the operation of police complaints and conduct with key partners.   As I said then, I am open to considering whether there is scope for further improvement.

It is of the utmost importance to me and the public that parliamentary confidence in the police is high – and independently justifiably so – but equally that our systems provide suitable protection for the vast majority of police officers and staff who work hard to keep us safe.

Over recent months, I have listened to a range of different perspectives from those directly involved.  It is clear to me that complex issues have emerged in relation to the existing framework, operational responsibilities and procedures that need to be looked at afresh.

Five years on from the creation of Police Scotland, the Scottish Police Authority and the Police Investigations and Review Commissioner, the time is right to look at how the structures and processes are working.

To do that effectively will require an independent and authoritative assessment and that is why I, together with the Lord Advocate, have commissioned Dame Elish Angiolini QC to take this work forward.

I am delighted that Dame Elish has agreed to lead that Review.  As members will be aware, she is exceptionally well qualified to scrutinise these issues, as a former Procurator Fiscal, Solicitor General and Lord Advocate.

Her outstanding record of public service in Scotland is well known, having chaired the Commission on Women Offenders, as well as the Mortonhall Crematorium Investigation for the City of Edinburgh Council and National Cremations Investigation for the Scottish Government.

More recently, she led the independent Review into Serious Incidents and Deaths in Police Custody in England and Wales for the UK Government.

Under Dame Elish’s leadership, the Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing will bring independent scrutiny to the framework and processes for handling complaints against the police and investigating serious incidents and alleged misconduct.

As well as assessing the current framework, the Review will report on the effectiveness of structures, operational responsibilities and processes. It will also make recommendations for improvements to ensure the system is fair, transparent, accountable and proportionate, in order to strengthen public confidence in policing in Scotland.

The Review will consist of two phases:

    The first phase will include a consideration of current procedures and guidance to identify areas for immediate improvement;
The second phase will include a wider assessment of the frameworks and practice in relation to complaints handling, investigations and misconduct issues. It will cover the work of the Police and Investigations Review Commissioner, the Scottish Police Authority and Police Scotland.

The Review will take evidence from a broad range of stakeholders, including the Scottish Police Federation, the Association of Scottish Police Superintendents, the Scottish Chief Police Officers Staff Association, Unison, Unite, as well as the PIRC, SPA, Police Scotland and the Crown Office. Dame Elish may also wish to speak with those who have had experience of the current system to hear their views and understand where further improvement could be made.

Recommendations in the final report should take into account human rights considerations, as well as seeking to identify longer term improvements.

Presiding Officer, I am aware that the Justice Committee has invited evidence as part of its post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012.  I welcome this scrutiny of the landmark legislation that enabled the creation of single police and fire services.

I am also aware that evidence has been submitted on the provisions within the Act that underpin our current system of police conduct, complaints and investigations. Those provisions were intended to strengthen the governance, accountability and scrutiny arrangements for policing and created a clear statutory framework for independent review and investigation.

It is only right that the Committee considers this evidence as part of its broader scrutiny of the Act and I look forward to seeing the outcomes of that process.

However, as the Cabinet Secretary with responsibility for the overall framework for dealing with police complaints and conduct issues in Scotland, which includes other primary and secondary legislation, I have a duty to ensure that the whole system is working well.  And the Lord Advocate has an independent interest, as head of the system for the investigation and prosecution of crime in Scotland.

The arrangements for complaints handling, investigations and misconduct issues in relation to policing, have seen a period of intense parliamentary, media and public scrutiny.

It is a framework that must ultimately build public confidence in policing and the events of recent months have raised questions about the way the system works and whether it could be improved.

It is only right that I listen to those questions and act decisively to address them, which is why the Lord Advocate and I have commissioned this Review.

The key outcomes of the Review will be to ensure that:

    roles and responsibilities at all levels are clear;
there are agreed protocols that balance transparency with an appropriate level of confidentiality; and
the framework and processes are fair, transparent, accountable and proportionate, upholding fundamental human rights.

Fairness. Transparency.  Accountability. Proportionality. These are the guiding principles of the Review and go to the very heart of what any system, which holds public services to account, should deliver.

The commitment to upholding fundamental human rights is embedded in police training, in the oath taken by officers and is central to Police Scotland’s Professional Ethics and Values. This is to ensure that policing operations respect the human rights of all people and officers, who in turn should have their rights respected.  This must also be central to the process for handling police complaints, conduct issues and investigations.

It is vital that the police are held to account when things go wrong.  Policing by consent depends upon that accountability.  And it is essential that lessons are learned and improvements made to prevent mistakes, bad practice – and criminality – recurring in the future.

In order to do that effectively, our systems must treat all parties fairly and justly if they are to earn the trust and respect of those involved and of the wider public.

Let me also be clear about what the Review will not do.  It will not consider the role of the Lord Advocate in investigating criminal complaints against the police.  Nor will it look at the role of HMICS in scrutinising the state, effectiveness and efficiency of Police Scotland and the Scottish Police Authority.

It is also important to emphasise that the Review will not re-examine specific cases or review specific decisions, although they may provide evidence for an overall assessment of the efficacy of current systems and processes. 

There are a number of high profile criminal investigations relating to serious incidents involving the police, currently underway. Those investigations are a matter for the Lord Advocate and it would be wrong to suggest that this Review should examine those cases – or pre-empt the investigation process.

Presiding Officer, I am confident that this Review, under the authoritative leadership of Dame Elish Angiolini will bring fresh scrutiny to the framework and structures we established 5 years ago, to ensure they are robust and true to the principles that I have outlined.

It is essential that our systems for complaints handling, investigations and misconduct issues in relation to policing are fair, transparent, and accountable, respecting the rights of all those involved.  Systems that police officers, staff and the public can have confidence in.

Let me finish, by putting on record my thanks and appreciation for the work of Police Scotland, the SPA, the PIRC, HMICS and the Crown Office, commending all those who work to keep our communities safe.

The Scottish Government’s announcement of Angiolini’s appointment makes no mention of her involvement with lawyers who also represent Police Officers facing complaints – including probes into deaths in custody: Police conduct review; Former Lord Advocate to consider investigation processes.

Former Lord Advocate Rt Hon Dame Elish Angiolini QC is to review the processes for handling complaints against the police and investigating serious incidents and alleged misconduct.

The independent review, jointly commissioned by Justice Secretary Michael Matheson and Lord Advocate James Wolffe QC, will assess the current framework and report on the effectiveness of structures, operational responsibilities and processes.

It will also make recommendations for improvements to ensure the system is fair, transparent, accountable and proportionate, in order to strengthen public confidence in policing in Scotland.

Mr Matheson said: “Most of us recognise and welcome the diligent, expert and often courageous work of the many thousands of police officers and staff who help keep Scotland’s communities safe.  That public confidence is also sustained by knowing that when things go wrong, the police are held to account, lessons are learned and improvements made.

“Given some of the questions raised in recent times about the processes for police complaints-handling, investigations and misconduct issues, and whether they could be improved, the time is right for this independent review, which will be ably led by Dame Elish.

“The review will seek to ensure that roles and responsibilities are clear, agreed protocols will balance transparency with appropriate levels of confidentiality, and that the processes are fair, transparent, accountable and proportionate, upholding fundamental human rights.”

Dame Elish said: “I am pleased to be invited to undertake this important independent review.  It is vital that systems for handling complaints, investigating serious incidents and alleged misconduct in relation to the police is both robust and fair, and trusted by all those involved.

“I look forward to engaging with those with direct involvement and experience of the current system – from all perspectives – to understand how it is working in practice and to identify areas for improvement.”

Background:

The independent review will formally begin in the autumn.

The Right Honourable Dame Elish Angiolini QC served as both Solicitor General for Scotland and, in 2006 was appointed Lord Advocate, the first to serve two different Scottish Government administrations.  She was appointed Dame Commander of the British Empire in 2011 for services to the administration of Justice.  In 2012, Dame Elish was elected Principal of St Hugh’s College, Oxford, and is both visiting Professor at the University of Strathclyde and Chancellor of the University of the West of Scotland.

Dame Elish has chaired a number of ground-breaking reviews in the fields of law and criminal justice, as well as public health.  In June 2011 she was appointed as Chair of the Commission set up to examine the issue of how female offenders are dealt with in the Criminal Justice System in Scotland.  She led the Independent Review into the Investigation and Prosecution of Rape in London, which reported in 2015 and also chaired the Mortonhall Review for Edinburgh Council and the National Cremation Investigation for the Scottish Government, which reported in June 2016.  Dame Elish’s report into deaths in police custody in England and Wales, commissioned by the UK Home Secretary, was published in October 2017.

Previous article in relation to Police Scotland can be found here: Police Scotland – Previous articles

Previous articles in relation to the Crown Office & Lord Advocate can be found here: Crown Office – Previous articles & Lord Advocate – Previous articles

 

 

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DEAL AXES TRUTH: Scottish Ministers avoid probe of undermining Freedom of Information requests as political deal sidelines report revealing secret two-tier FOI regime

Holyrood deal blocks probe of Ministers FOI misuse. THE Scottish Government has avoided an independent investigation into a deliberate policy by Ministers to mishandle and undermine Freedom of Information requests.

Earlier today, demands for an independent review of how Scottish Ministers deliberately mishandle FOI requests from journalists & the public were thwarted after the Scottish Government struck a deal with the Liberal Democrats against a Scottish Labour motion calling for a probe.

Now, after months of work by the Scottish Information Commissioner’s Office on a report into the Scottish Government’s abuses of Freedom of Information laws (FOISA), the widely criticised anti-transparency attitude of Scottish Ministers will instead result in a ‘consultation’ on Libdem proposals to extend FOI coverage to private contractors providing services to the public sector.

However, the highly critical report published by the Scottish Information Commissioner earlier this month, found Scottish Ministers are operating a secret two-tier FoI regime – which deliberately & consistently obstructs the release of any information which is likely to embarrass them.

The report also found that journalists, MSPs and their researchers were subject to extra scrutiny, leading to deliberate delays (sometimes of many months) in requests being handled, despite the law saying the FoI system should be blind.

There is also anecdotal evidence in recent media reports that the Scottish Government’s anti-transparency attitude towards Freedom of Information compliance has trickled down to almost every single Scottish Public authority – including Police Scotland, the Crown Office & other key justice related agencies.

Today, during the Holyrood debate on calls for an independent probe of Scottish Ministers & their misuse of FOI legislation, parliamentary business minister Joe FitzPatrick agreed the deal with the LibDems instead of a fully independent probe into Scottish Ministers.

Mr Fitzpatrick said: “Against a backdrop of an ever-changing public service delivery landscape, where services traditionally provided by public authorities are now being provided by the third sector or private contractors, I’m conscious there are increasing demands to look again at the scope of coverage of the legislation.”

The full debate can be viewed online here:

Debate: Review of Government FOI Handling and Record Keeping – 20 June 2018

Readers may also be interested in a retired journalist’s petition to bring a guarantee of honesty to Freedom of Information legislation, after it was found public authorities were distorting and in some cases, providing dishonest information in response to Freedom of Information requests.

Video footage of the proposal to the Scottish Parliament’s Public Petitions Committee in April 2014, by retired Scotsman journalist William Chisholm MBE, can be viewed here:

Petition PE01512 Amendments to the Freedom of Information Scotland Act 2002 Scottish Parliament

However, and somewhat surprisingly, Rosemary Agnew – who was at the time, the Scottish Information Commissioner – and is now currently serving as the Scottish Public Services Ombudsman – blocked the attempt to bring a guarantee of honesty to Freedom of Information responses.

Video footage of Rosemary Agnew’s evidence to the Petitions Committee and her position against addressing issues of honesty in Freedom of Information responses, can be viewed here:

Scottish Information Commissioner Evidence to MSPs on Petition PE1512 6th May 2014

A full history of the work & report by the current Scottish Information Commissioner on the Scottish Government’s policy of undermining Freedom of Information requests, can be found here on the SIC website – which has published the following details:

Intervention 201702106: Scottish Government 

Intervention Report: Assessment Phase

On 13 June 2018 the Commissioner published his report following the assessment phase of his intervention into the Scottish Government’s FOI practice and performance. The full report is available to download below.

The report details the findings of the Commissioner’s extensive assessment. These include:

  • It is an important principle of FOI law that, in most cases, it should not matter who asks for information. The practice of referring requests for clearance by Ministers simply because they come from journalists, MSPs and researchers is inconsistent with that principle.
  • The Scottish Government’s FOI policies and procedures are not clear enough about the role of special advisers in responding to FOI requests.
  • The Scottish Government takes longer to respond to journalists’ FOI requests than other requests, but in only one case did the Commissioner find evidence that delay was deliberate.
  • The Scottish Government’s FOI practice has improved significantly over the last year, following the Commissioner’s first intervention: average response times to all requests, including journalists’ requests have reduced.
  • The Commissioner makes seven recommendations for further specific improvements to: clearance procedures; quality assurance of FOI responses; training; case handling and case records management; monitoring FOI requests and review procedures.

This assessment included:

  • Statistical analysis of data from 7,318 FOI requests received by the Scottish Government between December 2014 and December 2017
  • Inspection of 104 individual Scottish Government FOI case files
  • Examination of 87 appeals to the Commissioner about the Scottish Government’s handling of FOI requests
  • Review of the Scottish Government’s FOI guidance and procedures
  • Face-to-face interviews with 31 Scottish Government officials and four Cabinet Secretaries.

The Commissioner requires the Scottish Government to develop an action plan (for his approval) by 13 September 2018. The Commissioner will monitor and review the implementation of the action plan.

Read the Report:

Scottish Government Intervention – Assessment Report (PDF – 321 kB)

 Background  

In November 2017 the Commissioner confirmed that he would be undertaking a further intervention into the Scottish Government’s FOI performance. The Commissioner’s letter to the Minister for Parliamentary Business provides background to the intervention.

Invitation to journalists to provide further information

On 13 December 2017, the Commissioner issued the invitation below to the signatories of a letter sent by journalists in May 2017 to the Scottish Parliamentary Corporate Body. He invited them to provide further evidence to help him frame accurately the assessment phase of the intervention.

The invitation provides useful information about the scope of the intervention and a list of the questions the assessment phase will focus on.

Invitation to provide further evidence

We will publish a summary of the responses to this invitation as soon as possible after the closing date for submissions (12 January 2018).

Terms of the intervention

The Commissioner wrote to the Minister on 2 February 2018 to set out the aims of the intervention, the methodology for the assessment phase and the questions the intervention will explore.

The assessment phase is due to begin at the end of February 2018.

2018 02 02 Commissioner’s letter to Minister for Parliamentary Business

Correspondence about the intervention

On 8 February 2018 Tavish Scott MSP wrote to the Commissioner about the intervention. You can read the exchange of correspondence below.

2018 02 08 Letter from Tavish Scott MSP to Commissioner

 2018 02 15 Letter from Commissioner to Tavish Scott MSP

Previous articles by Diary of Injustice on Freedom of Information issues, including investigations by the Scottish Information Commissioner can be found here: Reports & investigations on Freedom of Information disclosures in the legal sector & public authorities in Scotland

 

 

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CAPITAL SECRET: Crown Office block disclosure of financial costs in FIVE YEAR probe of collapsed £400m Heather Capital hedge fund linked to Scotland’s judiciary

Crown Office Hedge Fund probe secrecy. A FIVE YEAR investigation by the Crown Office & Procurator Fiscal Service (COPFS) into charges relating to a collapsed hedge fund – remains shrouded in secrecy after the case was axed, and with a recent decision to block disclosure of costs of the probe.

The collapse of the Isle of Man based Heather Capital Hedge Fund saw four persons charged after a three year long Police investigation –  in April 2013 – in connection with events relating to the broke £400million hedge fund.

Heather Capital launched in 2005 – attracting global investors, loaning money to fund property deals.

After the collapse of the hedge fund in 2010, Paul Duffy, the liquidator of Heather Capital – claimed that about £90 million was unaccounted for.

However, in February of this year, Lord Advocate James Wolffe QC quietly axed the lengthy five year investigation of the collapsed hedge fund and solicitors Gregory King & Andrew Sobolewski , accountant Andrew Millar and property expert Scott Carmichael.

In a response to a Freedom of Information request, the Crown Office has now refused to disclose any information in relation to the costs of the five year investigation into a collapsed hedge fund which saw four persons charged by Police Scotland in 2013.

The Crown Office were asked for information contained in the costs (figures) of the investigation by the Crown Office into charges against four persons in relation to the collapsed Hedge Fund Heather Capital.

When (date) the decision was taken to drop any action against the four persons charged in connection with above.

How many independent or other counsel & crown counsel served or worked on this investigation (and other COPFS staff, or others contracted in for this investigation (and their speciality role) – and their costs.

Information contained in any overseas travel (dates & destinations, costs of) in relation to this investigation.

Responding for the Crown Office, Christine Lazzarin claimed there was no costing available for the failed five year investigation, as the Crown Office intentionally does not monitor costs in investigations.

However, legal insiders have suggested costs around the five year investigation have run into millions of pounds,and that some felt the case was flawed from the outset due to ‘a lack of additional charges.

There are also claims a number of prosecutors & counsel became inactive, leaving the probe over the span of the five years.

Responding to the Freedom of Information request, Christine Lazzarin of the Crown Office ‘Information Unit’ wrote: In relation to your request I will firstly explain that the Crown Office and Procurator Fiscal Service (COPFS) does not routinely collate the total costs associated with investigating individual cases, and having made enquiries with our Finance Division I can advise that there are no COPFS costs recorded against the case reference allocated to this investigation.

By way of explanation there was no specific team created to investigate this case and all COPFS costs associated with the investigation will be addressed within the existing budgetary framework and not recorded separately. We do not therefore hold associated staffing costs in terms of Section 17 of FOISA. Additionally I can confirm that there was no overseas travel involved in this investigation.

The investigation was handled by staff within the COPFS Serious and Organised Crime Division (SOCD) in consultation with the COPFS International Co-operation Unit. The case was then reported to Crown Counsel to take a decision on whether to prosecute.

Following full and careful consideration of the facts and circumstances of the case, including the currently available admissible evidence, Crown Counsel instructed that there should be no proceedings at this time. The Crown however reserves the right to raise proceedings should further evidence become available.

It may be helpful if I outline the COPFS policy in relation to providing case related information in relation to a Freedom of Information request. Other than confirming that we do hold information, this information will not be provided to persons unconnected to a case under a Freedom of Information Act request. Information about a case will include sensitive personal data about the accused, victims and witnesses in terms of the Data Protection Act 1998, disclosure of which could constitute a breach of that legislation. Where disclosure of personal sensitive information would contravene the Data Protection Act, we are not required to disclose it under FOISA.

Having explained our general position you have asked for the date this decision was made and I can advise that I am unable to provide you with the information you have requested for the following reasons:-

The information is exempt in terms of section 34(1)(a) of FOISA because it is held by the Crown Office and Procurator Fiscal Service for the purposes of an investigation carried out by virtue of a duty to ascertain whether a person(s) should be prosecuted for an offence(s). This is not an absolute exemption and I have therefore considered whether the public interest favours disclosure of the information, notwithstanding the exemption. Although the public interest is not defined in FOISA it has been described as “something which is of serious concern or benefit to the public”. It has also been held that the public interest does not mean “of interest to the public” but “in the interest of the public”. The decision to take no proceedings at this time is already in the public domain but I do not consider that it is in the interests of the public to know the date the decision was made. Additionally as the Crown reserves the right to raise proceedings should further evidence become available in the future it would be inappropriate to release case related details over and above those already in the public domain.

I also consider that under section 38(1)(b) of FOISA, release of the information requested would contravene section 10 of the Data Protection Act 1998 as you are requesting details of a criminal case reported to COPFS against particular individuals. This is an absolute exemption and I am not required to consider the public interest test.

I hope you find this information helpful.

If you are dissatisfied with the way in which your request has been handled, you do have the right to ask us to review it. Your request should be made within 40 working days of receipt of this letter and we will reply within 20 working days of receipt. If you require a review of our decision to be carried out, please e-mail foi@copfs.gsi.gov.uk.

The review will be undertaken by staff not involved in the original decision making process.

If our decision is unchanged following a review and you remain dissatisfied with this, please note that although generally under section 47(1) of FOISA there is a right of appeal to the Scottish Information Commissioner, where the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland, under section 48(c) no application can be made as respects a request for review made to the Lord Advocate. The information you have requested appears to fall into that category, although ultimately it would be for the Commissioner to decide whether that was the case should you refer the matter to him.

In circumstances where section 48(c) does not apply and the Commissioner accepts an appeal, should you subsequently wish to appeal against that decision, there is a right of appeal to the Court of Session on a point of law only.

While an investigation will be sought from the Scottish Information Commissioner’s office, previous attempts to have the SIC look at Crown Office blocking of Freedom of Information requests have fallen by the wayside – even when a request was made to investigate the Lord Advocate’s secrecy block on publication of the COPFS register of interests, more on which can be viewed here: DECLARE THE CROWN: Secrecy block on Crown Office Register of Interests – after fears info will reveal crooked staff, dodgy business dealings, prosecutors links to judiciary, criminals, drugs dealers and dodgy law firms

Although the Crown Office have refused to answer any questions on the status or costs associated with their five year investigation of the Heather Capital collapse, legal insiders have pointed to previous COPFS investigations and recent trials of financial frauds, where costs to the taxpayer have ran up to nearly ten million pounds.

One such case was the Mclaren property fraud case – which the Crown Office did everything in their power to avoid categorising as a “mortgage fraud” prosecution – after claims emerged the fraud duo once worked for, and had dealings with among others – a senior legal figure linked to one of the current top legal officers in the Crown Office.

In the McLaren case, Edwin McLaren, from Quarriers Village in Renfrewshire, was found guilty of property fraud totalling about £1.6m, convicted on 29 charges, and his wife Lorraine – on two charges.

The trial at the High Court in Glasgow began in September 2015 and heard evidence for 320 days.

Reports in the media quoted costs of around £7.5m, with more than £2.4m in legal aid paid for defence lawyers.

However, legal insiders claim the investigation by COPFS prior to the trial of the McLarens also ran into millions of pounds.

Similarly, with the complexity of the Heather Capital collapse – at £400million – the trail of money and international capital transfers – the costs of the Crown Office five year Heather Capital probe are likely to be at least equal to, or significantly higher than the investigation into the McLaren property fraud prior to that case going to trial.

HEATHER CAPITAL £28M CIVIL CLAIM ENDS:

Solicitor Peter Black Watson, formerly of Glasgow law firm Levy & Mcrae –  was linked to the collapsed hedge fund in a now abandoned £28million civil claim.

However, it has been previously reported part time Sheriff Peter Watson was suspended in February 2015 by Scotland’s top judge – Lord Brian Gill “to maintain public confidence in the judiciary”

A statement from the Judicial Office for Scotland issued after a newspaper asked for a comment, stated: Sheriff Peter Watson was suspended from the office of part-time sheriff on 16 February 2015, in terms of section 34 of the Judiciary and Courts (Scotland) Act 2008.

“On Friday 13 February the Judicial Office was made aware of the existence of a summons containing certain allegations against a number of individuals including part-time sheriff Peter Watson.

The Lord President’s Private Office immediately contacted Mr Watson and he offered not to sit as a part-time sheriff on a voluntary basis, pending the outcome of those proceedings.

Mr Watson e-mailed a copy of the summons to the Lord President’s Private Office on Saturday 14 February.

On Monday 16 February the Lord President considered the matter.

Having been shown the summons, the Lord President concluded that in the circumstances a voluntary de-rostering was not appropriate and that suspension was necessary in order to maintain public confidence in the judiciary.

Mr Watson was therefore duly suspended from office on Monday 16 February 2015.”

Peter Watson now has his own law business, PBW Law – also based in Glasgow.

Watson, and his former law firm named in the Heather Capital writ – Levy and Mcrae –  also currently represent the Scottish Police Federation – who in turn represent all Police Officers in Police Scotland.

Investigations by the media also show that suspended Sheriff Peter Watson represented, among others – Lord Advocate Elish Angiolini – during her term as Lord Advocate.

Watson’s other clients included Alex Salmond, Stephen Purcell, Yorkhill Hospital Board – which has now changed it’s name to Glasgow Children’s Hospital Charity – of which Watson is chair, of the board and Rangers Chiefs.

In Court documents published online by the Scottish Court Service, it is noteworthy that during the tenure of Lord Advocate Elish Angiolini – who was Lord Advocate from 12 October 2006 – 30 April 2011, significant transfers of capital from Peter Watson’s law firm – Levy & Mcrae – took place to Panamanian and Gibraltar registered companies.

Records from the Court of Session reported:

On 4 January 2007, HC transferred £19 million to its client account with Levy and Mcrae.

On 24 January 2007, HC transferred £9.412 million to its client account with Levy and Mcrae.

On 9 January 2007, Levy and Mcrae transferred £19 million to a Panamanian company (Niblick) owned and controlled by Mr Levene:the money was not therefore transferred to WBP.The transfer was undocumented and without security.

On 29 March 2007, Levy and Mcrae transferred £9.142 million to Hassans, solicitors, Gibraltar, under the reference “Rosecliff Limited” (a company controlled by Mr King):the money was not therefore transferred to WBP.The transfer was undocumented and without security.

A full report on the now abandoned £28million civil claim case against Peter Watson & Levy & Mcrae, and Lord Carloway’s consideration of Watson’s continuing suspension from the judicial bench can be found here: CAPITAL NUDGE: Scotland’s top judge Lord Carloway to consider status of de-benched Sheriff Peter Watson – suspended for a record THREE YEARS over £28million writ linked to collapsed £400m hedge fund Heather Capital

 

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TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

Police Scotland refused to disclose secret files on top cop. SCOTLAND’S single national Police service – Police Scotland has refused to disclose details of secret files on a case involving allegations of sexual assault against the force’s most senior office – Deputy Chief Constable Iain Livingstone.

The force also refused to disclose any non-disclosure agreements which may have been part of any settlement of the case – which ultimately led to the female officer leaving her job,

And, the information has been categorised as so sensitive, Police Scotland refuse to confirm if the files even exist.

The move came in relation to Freedom of Information requests seeking details of information held by Police Scotland on accusations and allegations of sexual assault made by a female Police Officer against current DCC Iain Livingstone during his time in Lothian and Borders Police.

Also sought for disclosure was information contained in any discussions or misconduct hearings in relation to these allegations and information contained in any admissions by Iain Livingstone with regards to these allegations and, any information contained in any non-disclosure agreements, termination of employment, resignation or retirement of any persons or Police Officers making these allegations against Iain Livingstone.

However a statement from Police Scotland in response to the Freedom of Information request refused any form of disclosure or acknowledgement of the status of any files held by Scotland’s single national Police service – who said:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

Issues surrounding the allegations of sexual assault made by a female Police Officer against Iain Livingstone while he served at Lothian & Borders Police in 2003 resurfaced during recent scrutiny of Police Scotland over the past year.

Livingstone was however, cleared of the allegations by a hearing chaired by another senior Police officer – John McLean, Strathclyde assistant chief constable. The Police led hearing on allegations against Police Superintendent Livingstone established there had been no sexual impropriety or intent on Mr Livingstone’s part.

However, interest in the 2003 case and details surrounding it has resurfaced – after the single Police service – created by the Scottish Government in 2013 – was hit by several scandals including numerous suspensions of senior officers, allegations of Ministerial meddling with ultimately led to the ousting of Chief Constable Phil Gormley, and the ongoing probe into senior officers use of a surveillance unit within Police Scotland to illegally spy on journalists & cops.

At the time of the sexual assault allegations in 2003, Iain Livingstone, 37, was working as an aide to Scotland’s most senior police officer, Sir Roy Cameron, at Her Majesty’s Inspectorate of Constabulary, when he was suspended in February 2003 over the claims – which arose from a drunken party at the Scottish Police College at Tulliallan.

It was reported at the time that Iain Livingstone – previously a solicitor and member of the Law Society of Scotland – had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.

Five allegations of serious sexual assault made by the female Police officer against Livingstone were dismissed – but, at an internal misconduct hearing, Mr Livingstone admitted less serious allegations, including being in the woman’s room overnight after falling asleep.

A qualified lawyer and member of the Law society of Scotland, Mr Livingstone switched careers in 1992, joining Lothian and Borders Police. In just 10 years, he reached the rank of superintendent.

Livingstone was ultimately demoted from superintendent to constable following the disciplinary hearing, although is now in the position of caretaker Chief Constable of Police Scotland, while the Scottish Government attempt to find another ‘suitable’ candidate to fill the Chief Constable post vacated by Phil Gormley.

However, recent interest in the case surfaced after it emerged DCC Iain Livingston was being promoted to fill the Chief Constable slot vacated by Gormley – who had effectively been ousted from his job after Justice Secretary Michael Matheson intervened in a decision taken by the Scottish Police Authority to allow Mr Gormley to return to work

And, it later emerged that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared they knew each other, after papers revealed Mr Finnie had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

In a further refusal to disclose information on the current top cop in Scotland, Police Scotland refused to reveal any information in relation to additional complaints made against Deputy Chief Constable Iain Livingstone.

And, again, Police Scotland refused even to confirm if such information was held – this despite information already available in the public arena including discussions on social media platforms relating to additional complaints made against DCC Livingstone by Police Officers.

A request for information relating to numbers of complaints, subject of complaints, and identities (not name, but by rank, status as Police Officer, civilian employee, member of the public or other) – who have made complaints (and the numbers of complaints) against current DCC Iain Livingstone from 1 April 2013 to the date of this FOI request and the status, and outcomes of these complaints – resulted in the following response from Police Scotland, with a refusal to disclose:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

And, it emerged in February of this year that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared any previous links to each other while Livingstone testified before MSPs.

A report in the Sunday Mail newspaper in February revealed Mr Finnie – previously a serving Police Officer and representative for the Scottish Police Federation (SPF) – had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

The issue was reported by the Sunday Mail newspaper here:

Green MSP under fire after failing to reveal sex case link to top cop Iain Livingstone

John Finnie failed to tell MSPs he represented the acting chief constable when he was cleared of sexual misconduct.

By Mark Aitken 18 FEB 2018

John Finnie failed to tell MSPs he represented Iain Livingstone

A Green MSP is facing questions over his connection with Scotland’s acting chief constable.

Former police officer John Finnie failed to tell fellow MSPs he had represented Iain Livingstone when he was cleared of sexual misconduct.

He failed to declare the link at a meeting of Holyrood’s justice committee when Livingstone was being questioned.

Finnie spent 14 years as an official for the Scottish Police Federation (SPF) – the organisation who represent police officers up to the rank of chief inspector.

Livingstone, the frontrunner to replace Phil Gormley as Scotland’s chief constable, was acccused in 2004 of sexually assaulting a female police officer.

Livingstone admitted falling asleep in the woman’s room at the Scottish Police College in Tulliallan, Fife, after a drunken party in 2000.

Iain Livingstone was accused of sexually assaulting a female police officer in 2004

At an internal hearing, more serious allegations were dropped.

Livingstone, who was then a superintendent, was demoted to constable but won his job back on appeal. Livingstone’s appeal was backed by the SPF.

Finnie said at the time that the case had highlighted “the ease with which the system can be abused and the punitive consequences which affect not only the officer but their family”.

At Holyrood’s justice committee in January, Finnie quizzed Livingstone about staffing levels and said losing chief officers was one of the benefits of creating a single police force.

Scottish Labour justice spokesman Daniel Johnson said: “John is a valued colleague on the justice committee but I am alarmed that he did not see fit to declare this link with the acting chief constable.

“Police Scotland are in desperate need of scrutiny – and the public will expect such scrutiny to be conducted professionally.

“I would urge him to correct the record and to ensure he declares interests fully and promptly in future.”

A spokesman for the Scottish Conservatives added: “He also owes parliament an explanation as to why he neglected to mention this very important link.”

Finnie began his career with Lothian and Borders Police in 1976 and moved to Northern Constabulary three years later.

He served as a full-time officer with the SPF from 1992 to 2006.

Finnie was elected as an SNP MSP in 2011 but quit the party the following year in protest at the decision to end their long-standing opposition to Nato membership.

Finnie and the Greens failed to respond to the Sunday Mail’s calls.

It has since come to light there are a number of non disclosure agreements in force which relate to Police Officers and others connected to Policing in Scotland, a matter now being probed by the media for further reporting.

 

 

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PROBE THE FED: Calls for Holyrood to probe secretive Scottish Police Federation as files reveal SPF General Secretary asked Scottish Government to withdraw £374K public cash grant funding – after social media transparency calls from cops

Calls for MSPs to probe ‘secretive’ Scottish Police Federation CALLS are being made for an influential Scottish Parliament committee to probe the highly secretive Scottish Police Federation (SPF) – which has received substantial public cash grants from the Scottish Government cumulatively totalling millions of pounds over a period of years.

The call for an audit & scrutiny of the Scottish Police Federation – which represents rank & file Police Officers – comes as files obtained via Freedom of Information legislation – reveals the General Secretary of the SPF asked the Scottish Government in May 2017 to withdraw £374,000 of public cash funding to the cash rich Police Union.

Coincidentally, the request by Police Federation boss PC Calum Steele to the Scottish Government to drop the cash payments – came seven days after the Scottish Information Commissioner stated on their twitter social media account that the Scottish Police Federation would be added to their recommendations to the Scottish Government – for compliance with Freedom of Information legislation.

However, nine months on from the Calum Steele’s request to cancel the public funding arrangement, the Scottish Government has now admitted it is still considering public cash grant funding for the Scottish Police Federation – and has not actually agreed to cut the public cash – as requested by Steele..

While the Scottish Government have so far refused to release much of the discussions on the SPF’s public cash funding arrangements, a list of payments disclosed in papers reveal the sequence of grant funding payments for the year 2016-2017 – where a total of £368,778 public cash was paid in four payments of £92,197 during April, July, October 2016, and a further payment in January 2017.

Peter Jamieson of the Scottish Government’s Police Powers and Workforce group confirmed funding is still being considered, stating: “To note, that we are still considering the Scottish Police Federation grant funding for 2017/18.”

The Scottish Government have yet to respond to a request for further details on why they are still considering public cash for the Scottish Police Federation,

However, sources have indicated civil servants and Special Advisers (SPADS) have discussed the matter of ending the grant funding, where some expressed the view that the public cash grant funding gives the Scottish Government a ‘carrot and stick’ hold over the SPF – which regularly supports Government policy in any area.

More recently, the Scottish Police Federation has been accused of having a vested interest in the leadership crisis at Police Scotland – which saw extensive efforts to oust the now former Chief Constable Phil Gormley, and replace him with DCC Iain Livingstone.

However, while the Scottish Government delay a decision on how to slip more public cash to the Scottish Police Federation, a letter from the SPF’s General Secretary Calum Steele  to Tansy Main, the Head of Police Workforce Team – claims the Scottish Police Federation is no longer reliant on the public cash.

The letter from PC Calum Steele to the Scottish Government reads as follows:

I refer to the above and to our ongoing conversations on the subject.

As you are aware the history of the Scottish Police Federation Grant was simply to ensure that no single police force was left carrying the costs of the elected officials of the Scottish Police Federation (SPF). The Scottish Government (and its predecessor bodies) paid a grant to the SPF, which was in turn utilised to reimburse the relevant force for the costs of the elected officials. This was entirely appropriate.

Since the creation of the Police Service of Scotland the issue of which force pays the costs of the elected officials of the SPF is no longer relevant. The practical effect is therefore that the SPF receives the grant in quarterly instalments only to immediately pass them to the Scottish Police Authority (SPA) to meet the costs of the official’s salaries. This however creates an administrative burden for both the SPF and SPA that is completely unnecessary. It demands amongst other things that the account is audited, that accounting fees are paid and that a purely administrative set of accounts is created and published.

The grant also covered the costs of ancillary matters including (but not limited to) accoutrements, rates and rent for the SPF headquarters, the costs of the then annual conference, and the costs of the statutory meetings of the Joint Central Committee. You will be aware that the grant has reduced in value in recent years and as the accounts show, whilst continuing to cover the cost of officials, it no longer comes close to covering the costs of the items it was originally intended to.

Whilst the grant accounts shows a paper loss, the SPF considers that beyond costs of officials, we are no longer reliant on the additional grant monies to pay for these elements.

The SPF considers therefore that continued payment of a grant to the SPF makes little sense and formally request the termination of SPF grant facilities, with the monies being paid directly to the SPA, as part of the global policing settlement (or otherwise as Government sees fit).

Self-evidently the SPF would expect that in doing so this would result in the termination of the expectation that the SPF continues to reimburse the SPA for the cost associated with officials, without detriment to the provisions of the Police Federation (Scotland) Regulations, insofar as they relate to the payment of pay and pension for officials of the SPF in particular.

The SPF would also ask that the surplus elements be considered to cover any notional future costs the SPF might be expected to incur as a consequence of the Trade Union Bill.

Any scrutiny of the Scottish Police Federation’s use of public funds, and their position as a body created by legislation, is liable to be carried out by the highly effective Public Audit and Post Legislative Scrutiny Committee (PAPLS) – which took on the Scottish Police Authority (SPA) in spectacular style, providing ground breaking scrutiny of a dysfunction, secretive authority dubbed a “secret society” by MSP Alex Neil (SNP).

Among the additional FOI documents disclosed by the Scottish Government include some, but not all minutes of meetings & discussions around the grant funding for the Scottish Police Federation, and as has been consistent with recent Scottish Government releases, documents are subject to significant redactions.

However, while the letter from the SPF General Secretary to the Scottish Government reveals scant detail of SPF finances, former and currently serving Police Officers have posted their concerns on social media with regards to figures of up to ten million pounds held by the Scottish Police Federation in bank accounts & assets.

Social media postings by current and former Police Officers also refer to trips undertaken by SPF representatives including Callum Steele and suspended Sheriff Peter Watson – to various gatherings funded by the Scottish Police Federation.

Meanwhile, as current & former Police Officers & journalists asking questions of the SPF are either blocked online, or subject to social media attacks by supporters of the Scottish Police Federation and politically friendly elements – some of whom give after dinner speeches or lobby for public cash for their ventures, the Scottish Information Commissioner appears to have reneged on their enthusiasm for recommending FOI compliance for the SPF.

An earlier statement from the Scottish Information Commissioner claimed the SIC would add the SPF to their list of organisations which should be covered by Freedom of Information legislation.

The statement came in response to a request made on behalf of serving & former Police Officers – who queried why the Scottish Police Federation remained except from Freedom of Information legislation in Scotland, while their English counterpart was brought within FOI laws in England & Wales some years ago.

A twitter post from Scottish Law Reporter on 17 May 2017 pointed out  “as @PFEW_HQ is #FOI compliant in England, @ScotsPolFed should comply with #FOIScotland suggest you call for this improvement”

A tweet dated 18 May 2017 from @FOIScotland in response stated “Thanks – we’ll add it to our list of bodies to propose to Ministers. Individuals can also make their own representations to the Scot Gov”

The Police Federation of England and Wales (PFEW) is funded in part by police officers who pay subscriptions from their wages.

Differing from it’s Scottish counterpart – the Scottish Police Federation – which has cumulatively received millions of pounds in public cash over the years, the PFEW is not a public body and not funded by the public and is the only staff association to be subject to Freedom of Information (FoI) – which came into effect for the PFEW in April 2017 by way of the following legislation:

Freedom of Information Act etc: Police Federation for England and Wales: The Police Federation for England and Wales is to be treated for the purposes of— (a)10the Freedom of Information Act 2000,(b)the Data Protection Act 1998, and (c)section 18 of the Inquiries Act 2005, as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).

However, nine months later in Scotland, after the Scottish Information Commissioner had said it would act on the matter, no action has been taken by the Scottish Information Commissioner to include the Scottish Police Federation in their recommendations of FOI compliance to Ministers.

Queried over the lack of action on the subject, a response from the SIC claimed the Scottish Information Commissioner could not divert financial resources to make any necessary representation to the Scottish Government.

A journalist who viewed the SIC’s claim of being under resourced –  branded their response as “a delaying tactic”.

Scottish Information Commissioner’s role in FOI transparency.

A query to the Scottish Information Commissioner of 30 May 2017 on the subject of recommending Freedom of Information compliance be applied to the Scottish Police Federation generated the following response from the SIC:

The power to designate bodies as Scottish public authorities under sections 4 or 5 of FOISA lies with Ministers. Section 43(4) of FOISA provides that the Commissioner can, from time to time, make proposals to the Ministers “for the exercise by them of their functions” under those provisions. Of course anyone can make such proposals to Ministers and we know that people do so.

It’s important that proposals to Ministers are framed in terms of considerations for designations of each body. The Commissioner’s Special Report in 2015 FOI 10 years on: Are the right organisations covered? (copy attached) suggests the sorts of considerations Ministers might apply to deciding whether or not to designate bodies under section 5 (the more complex of the two designation provisions).

We’ve made a number of proposals to Ministers over the years about bodies they might consider for designation. Most of those proposals have concerned section 5 – see consultation responses at http://www.itspublicknowledge.info/home/SICReports/OtherReports/otherReports.aspx

We’ve made few proposals to Ministers for consideration of designation of bodies under section 4. This is because there is rarely a need to do so. Scottish Government Bill Teams routinely ensure that primary legislation founding new bodies includes a modification of Schedule 1 of FOISA to ensure they are included as bodies under jurisdiction.

The most recent example I can recall of a section 4 proposal from the Commissioner is one in 2010 for consideration of the Court Rules Councils. I’ve attached a copy of the submission which sets out the sorts of considerations that Ministers might consider. These bodies were subsequently designated by Ministers.

The reference in our tweet is to a working list we maintain of bodies that the Commissioner might propose to Ministers. We revisit that list annually, at the latest, in the final quarter of each operational year (January – March). We research the possible considerations that might apply to designation of those bodies. If we conclude there is a persuasive case for a proposal, the Commissioner will make a proposal to that effect to the Ministers. Currently our list includes the following bodies:

Adult Protection Committee, Leisure trusts, etc, which were established other than by one or more local authorities, Learning Network West, Police Federation of Scotland

In terms of your request for comment on “non compliance of SPF in Scotland”, I hope you will appreciate that there is nothing we can offer until we have researched any designation considerations for that body. We’re grateful to you for bringing to our attention what appears to be an anomaly arising from the designation of a similar English and Welsh body under UK FOI law, but we have not yet looked into the background. Our research in this case will include looking at the reasons for the UK FOI designation and comparing issues such as legal status, function and control.

A further enquiry of September 2017 to the Scottish Information Commissioner on the subject of the Police Federation’s FOI compliance was then treated as an FOI request by the SIC, who responded, claiming they could not divert resources away from other work.

Shockingly, the Scottish Information Commissioner requested journalists make a submission to the Scottish Government instead of a fully researched submission by the Information Commissioner with all the weight such a report would carry in government & parliamentary circles.

The Information Commissioner’s response reads as follows, and accompanying documents released with the response can be found here:

Thank you for your enquiry on 29 September 2017 in which you asked for an update to the SIC’s position with regard to research or a recommendation for the inclusion of the Scottish Police Federation in FOISA. I have treated your enquiry as a request for information that we hold, because you are seeking information about the progress we have made since your media enquiry of 30 May 2017 about the FOI status of the Scottish Police Federation (our reference 201700982).

I also attach copies of my correspondence with Andrew Gunn of the FOI Unit in the Scottish Government (described in the attached schedule). I have redacted both Andrew’s, and Sinead Campbell’s email addresses as these may be personal information to which section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 applies. This should not affect the readability of the information and it is not information you asked to see.

I expect you will also want to know when we expect to carry out our research. When I wrote to you in May this year, I explained that our usual timetable for looking at potential recommendations for designation is the final quarter of the operational year (January to March 2018). This work is set out in our operational plan http://www.itspublicknowledge.info/home/AboutSIC/StrategicPlan.aspx. The relevant reference can be found on p10, line item 4.

Though I appreciate you are keen for us to research the status of the Police Federation of Scotland, regrettably there has been no opportunity to divert resources to the work ahead of our schedule. You do not, of course, have to wait for us to reach our conclusions; anyone can make a designation proposal to Ministers. Making your own proposal would ensure your own arguments for designation of the Police Federation of Scotland were taken into consideration.

To-date, the Scottish Information Commissioner has not made any submission to the Scottish Government on recommending the Scottish Police Federation be brought within Freedom of Information legislation – as is the case with the Police Federation of England & Wales.

And while this exemption continues, serving and former Police Officers who are still members of the SPF are effectively blacklisted or blocked on social media when they try to obtain answers to the lack of support they received from the SPF when help was needed.

Currently it is known the Scottish Police Federation are represented by law firms such as Levy and Mcrae, and Peter Black Watson of PBW Law.

During 2015, Levy and Mcrae, and their former partner Peter Black Watson were named in a multi million pound civil claim in the Court of Session.

Peter Watson – who is a member of Scotland’s judiciary, was suspended “to protect public confidence in the judiciary” by the then Lord President Lord Brian Gill.

How Scottish Police Federation spend their members money:

The Scottish Police Federation recently faced criticism for an office revamp that included the restoration of marble fireplaces and new French and Italian furnishings.

The headquarters upgrade was completed in 2015 and is said to have cost £1m, although that figure is disputed by the federation.

Concerns have been raised because the SPF receives taxpayers’ money in the form of a Scottish government grant worth £374,400.

The federation claimed “not a single penny” of taxpayer money was spent on the project at the HQ, which is in a listed building in Glasgow.

The head of Scotland’s police union was also embroiled in a spending row after splashing out £5,000 to attend a charity dinner headlined by former US president Barack Obama.

The Scottish Police Federation  paid the money to secure a table at the prestigious event hosted by Sir Tom Hunter in Edinburgh last month.

The disclosure has caused upset amid claims the dinner was a “jolly” for top brass based at the union’s Glasgow headquarters in Woodside Place.

Police Federation spending in England resulted in fraud investigation:

An alleged £1m fraud at the Police Federation in England has been referred to prosecutors.

Lawyers at the Crown Prosecution Service are currently considering if criminal charges should be brought against Will Riches, the former vice-chair of the federation and a serving Metropolitan police officer.

The investigation began in March 2016 and it is alleged £1m in Police Federation funds was transferred to an organisation called the Peelers Charitable Foundation.

The Police Federation has been riven by internal divisions and was under government pressure to reform, after a series of controversies about how it spends and manages the money it raises.

It represents 123,000 rank and file police officers in England and Wales, and in 2014 Riches ran to be its chair. He got the same number of votes as his rival, but lost the job on a coin toss to Steven White, the current chair.

The Police Federation in England & Wales has previously faced allegations of bullying and secret multimillion-pound bank accounts.

 

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END OF CLAIMS: Rogue lawyer who claimed £600K in two years abandons £100K case against Scottish Legal Aid Board – over release of damning report revealing ‘unnecessary, deliberate and excessive’ legal aid claims

Lawyer abandons claim against legal aid board for £100K. AN INVESTIGATION has revealed a rogue lawyer – previously accused of making “unnecessary and excessive” claims for more than £600K Legal Aid in two years – attempted to sue the Scottish Legal Aid Board (SLAB) for £100,000 over release of a report detailing legal aid claims.

The three year court case – registered in the courts by Kilmarnock based solicitor Niels S Lockhart during December 2013 – finally came to an end in 2016 – with legal aid chiefs absolved of any blame for the release of a damning report which raised serious concerns over Lockhart’s multiple claims for legal aid public cash.

The size of the legal aid claims put Lockhart’s one man law firm higher up the scale of legal aid payments than many law firms with multiple partners, and advocates.

Last week, Legal Aid Chiefs finally admitted in a Freedom of Information disclosure to journalists“the case A665/13 Niels Lockhart v The Scottish Legal Aid Board was a court action raised by Mr Lockhart at the Court of Session in which he sought payment of damages of £100,000 from SLAB. The court action has since been concluded.”

The response to the journalist continued: “You will recall that in early 2010 you submitted an FOI request to us, and that on 16 March 2010 we responded to your request by forwarding to you a report in relation to Mr Lockhart. This release of information to you was alleged by Mr Lockhart to be a breach of confidentiality by SLAB. SLAB defended the action.”

SLAB was represented in the action by in-house solicitors, and instructed counsel, John MacGregor, advocate.

The costs incurred by SLAB were: Counsels fees £2,100.00; Court dues £202.00; Printing cost of court documents; £92.07 Total; £2,394.07

The statement in the FOI response issued by SLAB concluded: “The court action was terminated in 2016 by agreement. Decree of absolvitor was granted in favour of SLAB together with an order of expenses in favour of SLAB in the sum of £1,750. No monies were found payable, or paid, to Mr Lockhart by SLAB.”

However, similar enquiries to the Scottish Courts and Tribunals Service (SCTS) – revealed court staff had been ordered to refuse to disclose details relating to Lockhart’s attempt to sue the Scottish Legal Aid Board.

A spokesperson for the SCTS initially said: “I’m told that typically we can’t reveal very much as you were not a party to the action. I’m told that we can say that the case concluded on 28 June 2016 and that it was a Joint minute and the defender was absolved.”

When pressed for further details, the spokesperson added: “I am afraid I cannot say what the case was about or about any amounts of money. I can say that the case was registered on 19/12/13, it was called on 24/1/14,  it did not call in court, it was sisted until early 2016 then concluded on 28 June 2016.”

Kilmarnock based solicitor Niels S Lockhart was subject of a lengthy investigation by the Scottish Legal Aid Board from 2005 to late 2010 over vastly inflated claims for Civil Advice & Assistance Legal Aid.

Legal Aid chiefs then send their report to the Law Society of Scotland, who carried out an investigation into Lockhart and the detailed SLAB report.

However, sources at the Legal Aid Board revealed a string of delays during the Law Society investigation, including a series of ‘complaints reporters’ who were tasked to study the SLAB report and recommend what action if any should be taken against Lockhart.

After several Law Society investigators had either refused to look at Lockhart’s legal aid claims, or finalise a report, a version was sent to the Scottish Legal Aid Board – which legal aid chiefs claimed they could not release because they had no permission from the Law Society of Scotland.

A timeline of events established that on 5 June 2005 the Scottish Legal Aid Board sent a report to the Law Society of Scotland in terms of S32 of the Legal Aid (Scotland) Act 1986 against the sole practitioner firm of Niels S Lockhart, 71 King Street, Kilmarnock. The secret report, obtained under Freedom of Information laws, can be downloaded here: SCOTTISH LEGAL AID BOARD S31 COMPLAINT REPORT TO THE LAW SOCIETY OF SCOTLAND : NIELS S LOCKHART(pdf)

The Legal Aid Board report outlined a number of issues that had been identified during the review of case files & accounts which raised concern about Mr Lockhart’s conduct and which fell to be considered as a breach of either Regulation 31 (3) (a) & (b), relating to his conduct when acting or selected to act for persons to whom legal aid or advice and assistance is made available, and his professional conduct generally. These issues illustrated the repetitious nature of Mr Lockhart’s failure to charge fees “actually, necessarily and reasonable incurred, due regard being bad to economy”

The heads of complaint submitted by the Scottish Legal Aid Board to the Law Society of Scotland were : (1) Excessive attendances, (2) Lack of Progress, (3) Splitting/Repeating Subject Matters, (4) Inappropriate Requests for Increases in Authorised Expenditure, (5) Matters resubmitted under a different guise, (6) Standard Attendance Times, (7) Attendances for Matters Not Related to the Subject Matter of the Case, (8) Unreasonable Charges, (9) Double Charging for Correspondence, (10) Account entries not supported by Client Files, (11) Attempt to Circumvent Statutory Payment Procedure for Property Recovered or Preserved, (12) Continued Failure to act with Due Regard to Economy.

The report by the Scottish Legal Aid Board revealed that, of all firms in Scotland, the sole practitioner firm of NS Lockhart, 71 King Street, Kilmarnock, granted the highest number of advice and assistance applications for “interdict” (392) for the period January-October 2004.The next ranked firm granted 146, while the next ranked Kilmarnock firm granted only 30.

The report stated : “While conducting a selective analysis of Niels S Lockhart’s Advice and Assistance accounts, it was clear from the outset that much of his business comes from “repeat clients” and/or members of the same household/family, whom he has frequently admitted to Advice and Assistance. The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.”

“It was also clear that Niels S Lockhart makes grants for a number of interlinked matters, where there is clearly a “cross-over” of advice. Consecutive grants are also often made as a continuation of the same matter shortly after authorised expenditure has expired on the previous grant.”

“This appears to the Board to be a deliberate scheme by Niels S. Lockhart to make consecutive grants of Advice and Assistance on behalf of the same client for the same matter, for personal gain. By so doing, he has succeeded in obtaining additional funds by utilising new initial levels of authorised expenditure for matters where, had further requests for increases in authorised expenditure under the initial grant been made to the Board, they would with every likelihood have been refused by Board staff.”

“Closer scrutiny of Niels S Lockhart’s accounts and some client files has given rise to a number of other serious concerns, e.g. numerous meetings, standard of file notes, encouraging clients to advance matters while demonstrating a lack of progress.”

“After a meeting between SLAB officials & Mr Lockhart on 14 April 2005, Mr Lockhart was advised that SLAB’s Executive Team had approved of his firm’s accounts being removed from the guarantee of 30-day turnaround for payment of accounts, and that henceforth, to allow the Board the opportunity to satisfy itself that all fees and outlays had been properly incurred and charged by the firm, he would be required to submit additional supporting documentation and information with his accounts (including client files).”

The report continued : “Over the next few months, Mr Lockhart telephoned Accounts staff many times, often on a daily basis, repeatedly asking questions about the type of charge they considered acceptable or unacceptable in a variety of situations. Staff reported that, despite their having given Mr Lockhart the same answers time and again (both via correspondence and over the telephone),he continued to submit accounts with unacceptable charges. In a final effort to counter these continuing problems and to emphasis the Board’s stance in relation to the various issues of concern, our Accounts Department sent him a letter on 23 December 2005.”

“Mr Lockhart did not provide a written response to this correspondence. He did however contact Mr McCann of the Legal Defence Union, who wrote to the Board seeking a meeting with Board officials to try to resolve the payments issue. Our view however was that this would not advance matters as Mr Lockhart had been given a clear steer both after the April 2005 meeting and in the December when Accounts wrote to him on a number of matters.”

However, a key error was made by the Legal Aid Board, who stunningly failed to interview any of Mr Lockhart’s clients despite SLAB’s claims of excessive legal aid claims.

The SLAB report revealed : “Board staff have not interviewed any of Mr Lockhart’s clients as we have no reason to believe that, for example, the multitude of meetings that he held with them—sometimes more than twice daily—did not take place; our concern is that they DID take place and he has sought to claim payment for these multitudinous meetings,very few of which could be described as necessary and reasonable. We believe that such work had no regard to the principle of economy: our contention is that it is highly unlikely that any private paying client would be willing to meet the cost of the service provided by Mr Lockhart. That aside, there are cases set out in the report where it is difficult to see what advice or assistance has actually been provided. Our Accounts staff are continuing to assess a number of his accounts and examining the corresponding client files which indicate repetition of the issues that gave rise to our initial concerns.”

The report’s findings concluded : “From April 2002—March 2005, Niels S Lockhart was paid £672,585 from the Legal Aid Fund. Of this, £596,734 (89%) was in relation to Advice and Assistance cases, with £570,528 (85%) solely in relation to Civil Advice and Assistance.”

“In the Board’s view, the ranges of actions taken by Niels S. Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.”

“Based on the supporting evidence he arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings. In the main, these do not appear to have advantages for their further welfare or advance their case, but merely act as a mechanism for the firm to exploit the Legal Aid Fund by charging for these unnecessary and unproductive meetings.”

“The nature of subject matters is often repeated, resulting in numerous duplicate/multiple/consecutive grants submitted under various guises, thus avoiding the Board’s computerised checks on subject matter. This pattern of conduct is deliberate,recurring and persistent, serving—in the Board’s view—as a device to generate considerable additional income for the firm to the detriment of the Scottish Legal Aid Fund.”

Further documents released by the Scottish Legal Aid Board during 2015 – Extra Payments to Niels Lockhart – in response to a Freedom of Information request revealed Niels S Lockhart was paid a further £34,711 (excl VAT) of taxpayer funded legal aid by the Legal Aid Board – even though by that time he was already barred from claiming for any further legal aid work.

Historical payment accounts published by the Scottish Legal Aid Board also reveal Lockhart received a whopping £1.2million (£1,213,700) of public cash since the Legal Aid Board began publishing the names of firms and the size of payments from 2003 onwards.

From 2003 to 2013, Neils Lockhart claimed the following amounts of publicly funded legal aid: £280,200 in 2003-2004, £321,400 in 2004-2005, £95,400 in 2005-2006, £160,800 in 2006-2007, £133,300 in 2007-2008, £82,000 in 2008-2009, £65,800 in 2009-2010, £67,400 in 2010-2011, £7,200 in 2011-2012, £200 in 2012-2013

The Sunday Mail newspaper reported on the details of the now revealed court case:

Lawyer who made ‘eye-watering legal aid claims’ sued for £100,000 in compensation from taxpayer

Niels Lockhart said the Scottish Legal Aid Board (SLAB) had hurt his reputation amid the release of a damning report.

By Russell Findlay 26 November 2017 Sunday Mail

A rogue lawyer demanded £100,000 of taxpayers’ cash after legal aid chiefs revealed his history of inflated claims.

Niels Lockhart, 66, said the Scottish Legal Aid Board (SLAB) damaged his reputation by releasing a damning report which laid bare “unnecessary and excessive” payments.

He accused them of breaching his confidentiality and sued them for £100,000 – but has now dropped the claim.

The Sunday Mail obtained the report in 2011. We told how Lockhart claimed more than £600,000 of legal aid in two years and was accused of deliberately ramping up expenses.

The SLAB report stated: “He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.”

They said the meetings merely acted as a mechanism for the firm to exploit the legal aid fund.

Legal reform campaigner Peter Cherbi, who unearthed the SLAB report through freedom of information laws, said: “Lockhart’s history of eye-watering legal aid claims was rightly subjected to public scrutiny yet he seems to see himself as the victim.”

SLAB said: “We were right to make public our complaint report to the Law Society of Scotland which set out our concerns about Mr Lockhart’s legal aid work.

“We successfully defended that decision in the court action raised against us by Mr Lockhart in which he sought payment of damages of £100,000 from SLAB. Mr Lockhart agreed to withdraw his action and pay us expenses of £1750.”

Lockhart said the decision to sue was taken after advice given by counsel who took the case on a no-win, no-fee basis.

He added: “The sum sued for was later altered to £30,000. There was thereafter a change in legal team who were not so optimistic.”

Lockhart claimed none of the SLAB allegations were proved to be correct and that they previously said no public funds had been compromised.

The original Sunday Mail report on Niels Lockhart in 2011 – reporting on the damning investigation of Lockhart’s legal aid claims

Solicitor made “unnecessary and excessive” claims for legal aid and raked in over £600,000 of public money

EXCLUSIVE: Mar 27 2011 Russell Findlay, Sunday Mail

This lawyer pocketed £600,000 Legal Aid in two years. His claims were ‘excessive, unnecessary, inappropriate, deliberate and persistent’ but it’s all OK because watchdogs say it was never.. CRIMINAL

LEGAL AID watchdogs have accused a solicitor who took £600,000 of taxpayers’ money in two years of deliberately ramping up his claims.

Niels Lockhart, 60, who runs a one-man firm in Kilmarnock, raked in £280,200 in 2004 then £321,400 the following year.

After he ignored a warning 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 who also decided no fraud had taken place.

The secret SLAB dossier, obtained through freedom of information laws, said: “Lockhart routinely makes consecutive grants of advice and assistance to the same clients for what appear to be similar matters submitted under a different guise.

In the board’s view, the ranges of actions taken by Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.

“He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.

“In the main, these do not appear to have advantages for their further welfare or advance their case but merely act as a mechanism for the firm to exploit the Legal Aid fund by charging for these unnecessary and unproductive meetings.”

The audit discovered Lockhart’s firm was granted 392 “advice and assistance” applications for clients considering civil legal actions over 10 months in 2004 – more than double the number granted to the firm making the second highest number of similar applications.

The report stated: “The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.

“This appears to the board to be a deliberate scheme by Lockhart to make consecutive grants of advice and assistance on behalf of the same client for the same matter for personal gain.”

Slab officials warned Lockhart about his claims in April 2005 but he “continued to show contempt for the board’s serious concerns regarding his practices that were discussed at that meeting”.

That prompted SLAB to send their damning 13-page report to legal regulator the Law Society of Scotland in June 2006. Yet the Law Society did not report SLAB’s concerns to police or refer him to the Scottish Solicitors’ Discipline Tribunal. It took them another four years to even agree Lockhart should be banned from legal aid.

Last October, Lockhart’s lawyer James McCann struck a deal with SLAB which allowed Lockhart to agree to quit legal aid voluntarily. He continues to do other legal work.

A slab spokesman said: “The matter was not one of fraud and, therefore, not a criminal matter. A Law Society spokeswoman said: “Our powers in this situation relate to considering the solicitor’s conduct. It is not for the society to determine whether there has been fraud.”

Married dad-of-two Lockhart, from Ayr, said: “There was no suggestion of any dishonesty. I voluntarily removed myself. I was going to withdraw anyway. Where did you get this report?”

Diary of Injustice continued to report on allegations surrounding Mr Lockhart and the Law Society of Scotland’s efforts to avoid a prosecution. All previous reports can be viewed HERE.

If you suspect a solicitor is committing legal aid fraud, or if you feel your own solicitor is making fraudulent legal aid claims, email Diary of Injustice at scottishlawreporters@gmail.com

 

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