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JUDGE SCANDAL: Dark side of Scotland’s judiciary reveals how judges & courts covered up scandal hit judges – from fraud, tax avoidance, alcohol related violence to the wife-beating Sheriff – who all avoided action from Crown Office & Police

Judiciary, Police & prosecutors failed to act on retired scandal Sheriff. THE WAY in which the Judiciary of Scotland deal with allegations against their own members, was never more evident, and in remiss than when the wife of a now deceased Sheriff tried in vain to report her judge husband to Police and prosecutors.

The late Sheriff Lothian, who it turns out – was well known to judicial figures and even Scottish Court Service staff – for his visits to sauna parlours, rumours of mistreatment of his family and use of prostitutes – is one of the dark, yet not so far away chapters of Scotland’s legal circuit.

Yet to this day, snippets of similar behaviour by sheriffs & senior legal figures from unpublished court documents, hearings in chambers,quietly arranged divorces and even missing Police reports – is as shielded from the public today, as it was during Lothian’s reign in the Sheriff courts.

Far from the image of judicial figures cosying up to First Ministers, Lord Advocates and the reluctant ex top judges lecturing politicians and the public on morality, transparency and accountability – members of the judiciary have recently been caught up in all kinds of seedy accusations, ranging from mega millions in hedge fund linked financial impropriety, to carefully concealed court cases and even divorce, where allegations against judges range from wife battering to drunken rages and smashing objects.

Yet, the public learn very little, if usually nothing of these events – and mysteriously, the courts, prosecutors, even Police, all comply with a very judicial silence.

The “me too” #metoo movement – a campaign to denounce sexual assault and harassment – which has somehow mysteriously skipped Scotland under First Minister Nicola Sturgeon – certainly stands no chance against angry, embittered & wife beating members of the judiciary.

Nor does “me too” stand a chance against shady senior figures in Police Scotland– who support each other when reports of sexual assault or harassment end up buried with a ‘no action’ ticket at the Policeman’s ball.

The history of the demise of Sheriff Lothian – who died in 2016 – is well known.

However, the cover up by colleagues on the bench, who knew of Lothian (and other judicial figures) associations with prostitutes, sauna bars, and the attempts by Lothian’s wife to report her husband to the Police & Crown Office – stands to this day as an example of the dark side of Scotland’s judiciary.

A carefully crafted system of cover up, denial and protection of a 500 year old white male dominated judiciary – which runs from the lowly Justices of the Peace who have criminal records for shop lifting & assault, to the most senior levels of the bench where tax avoidance, failures to declare interests, wife beating & carefully denied allegations of sexual misconduct in the workplace never see the inside of a court, the pages of a recusal register or the ink of a charge sheet.

It is also worth noting, many of Scotland’s current senior judges were on the judicial bench during Sheriff Lothian (among others) penchant for boozing, sexual assault, use of prostitutes & reign of terror at home. Yet, to this day, not one judge ever spoke out.

Sheriff Lothian quietly retired on a pension of £7,000 a month.

A Freedom of Information disclosure from the Scottish Government to DOI Journalists also revealed Sheriff Lothian received substantial payments from the Scottish Government & service awards.

Documents within the FOI disclosure reveal that under the Judicial Pensions Act 1981, Sheriff Lothian was entitled to a pension of £63,200.00 per annum and a lump sum of £84,547.00 and in addition Lothian would receive a service award of £50,560.00, based on a salary of £126,400.

Additionally, under the Judicial Pensions and Retirement Act 1993, Sheriff Lothian was entitled to a pension of £62,627.00 per annum, and a lump sum of £84,547.00 together with a net service award of £52,920.00 – based on his pensionable pay of £125,253.33.

Exchanges within the documents disclosed by the Scottish Government also reveal the then Justice Secretary – Kenny MacAskill – was not informed of Sheriff Lothian’s sudden decision to quit the bench, and further emails between heads of the justice department show concern at enquiries from newspapers as to the conduct & status of Sheriff Lothian.

In relation to the allegations against Sheriff Lothian of wife beating and other reports to Police – no action was ever taken against him by the Crown Office or Lothian & Borders Police.

A report on the allegations against Sheriff Lothian and the suffering of his wife, which exposed brutality at a judicial level, featured in the former News of the World newspaper.

It may be a grim read for some, but a necessary read for all – and much further afield than Scotland:

SICK SECRETS OF SAUNA SHERIFF

Ex-missus claims Lothian’s obsession with vice girls and booze destroyed their marriage  Downed sprits daily  Begged for 3-way sex  Hit wife at Christmas

By MARCELLO MEGA News of the World 15 March 2009

SLEAZY sheriff Andrew Lothian is a wife-beating drunk who’s obsessed with prostitutes, his ex-wife reveals today.

The shamed 66-year-old was forced to quit the bench after claims he paid for spanking and whipping sessions with an Edinburgh hooker.

But today the News of the World can expose the SHOCKING secrets of his sordid private life.

According to long-suffering ex-wife Harriet Lothian, the twisted beak TRIED to make her have sex with strangers while he watched

ADMITTED using prostitutes during their marriage

DOWNED at least a bottle of spirits every day, and BATTERED her while their unsuspecting kids slept upstairs.

Speaking at length for the first time since her ex-husband’s sauna shame, disgusted Harriet, 57, said: “I’m surprised it took so long for his activities to be exposed.

“I tried repeatedly to alert the police and the Crown to his unsuitability for office because of his behaviour, but to no avail.

“I suffered greatly at his hands, both during our marriage and for many years after I divorced him.”

We told last November how Lothian quit his £125,000-a-year job after Crown Office bosses confronted him about allegations over his private life.

But, according to Harriet his obsession with sordid sex had been going on for YEARS.

Lothian’s wife of 19 years said: “Sexually, there were problems from an early stage in the marriage.

“I found it so unsettling that I sought advice from my father, who was a doctor, and who I could talk to about anything.

“Andrew was into kinky but fairly inadequate sex. He also had fantasies about introducing third parties, men or women, into the bedroom.

“I had no interest, but he kept asking me to do it to please him.

Repugnant

“I refused because I found the idea repulsive. He said he could pay people to make his fantasies come true.” Harriet suspected her hubby was using hookers DURING their marriage.

And she told how her elderly father was forced to confront Lothian about the sleazy claims.

Harriet said: “He confessed without any shame. He told me he had lost his virginity at 16 to a prostitute, and that he’d always been turned on by them.

“I was devastated. I told him I’d never have unprotected sex with him again but he was totally unrepentant.

“Once his obsession was out in the open, he became more demanding. If he was out at a dinner, he would bring men home and want me to have sex with them while he watched.

“I would have to throw them out, which was embarrassing. I found the idea repugnant. Apart from anything else, I had children in the house.

“My father was 68, but was very close to me and he had no hesitation in speaking to Andrew and telling him to shape up.”

The couple had married on December 28, 1983, after a whirlwind romance.

Lothian already had a son, also Andrew, from the first of two previous marriages, and Harriet had a young son, James, from a previous relationship.

Two years after their wedding, Harriet gave birth to their son Robert, but already the foundations of the marriage were beginning to crumble.

She says: “By the time Robert came along, I had serious concerns about his father’s alcoholism and how terribly ill it was making him.

“He was drinking at least a bottle of spirits a day, and that was just what I was witnessing. He was in a mess.

“I went home with Robert on New Year’s Day 1986 and Andrew was in such a terrible state that he became abusive. I threw a milk bottle at him and hit him on the side of the head.

“The next day, I insisted he saw a doctor, and he agreed because his mother was in the house.

Harriet tried to alert senior legal officals to her husband’s alcohol abuse but was snubbed at every turn.

Things spiralled further out of control and by Christmas 1996 Harriet demanded Lothian move out.

She said: “His language became more abusive. There were implied threats of violence and the odd punch to the side of the head where no visible marks were left, but I was still shocked by what happened then.”

Harriet told how their sons, James, now 27, and Robert, now 23, were in their bedrooms when a huge row erupted on Christmas Eve that year.

She claims Lothian slapped her hard in the face, before punching her full on the nose.

As their shocked mother took refuge in the bathroom, where she tried to stem the flow of blood, both sons plucked up the courage to leave their rooms and go to her aid.

Charade

With her face badly marked and her eyes beginning to blacken, the family went through the motions the next day, exchanging presents and eating dinner — but the mood was understandably bleak.

Harriet said: “Until that point, I’d been trying to hold things together for my sons, but I couldn’t go on with the charade.

No child should have to see their mother pouring with blood from a blow their father has struck.

It was a total nightmare.” Robert said: “I remember clearly what happened that night and it sickens me the way he behaved. It is more than ten years since I have spoken to him.

“When I was 12 I wrote him a letter telling him I wanted nothing to do with him.” Following the attack Harriet demanded that Lothian move out of the family home in Lauder, Berwickshire.

She wept: “I feared for the safety of our sons. I had no choice.”

But in SLEAZE: summer 2001 Lothian — then living in Edinburgh — launched a court bid to SELL the house.

She said: “The move was especially hurtful as Robert was about to start his Higher courses.

“It was also difficult to understand as Andrew had inherited a six-figure sum the previous year when his mother died.”

Lothian’s partner at that time, Eleanor Burns, daughter of Sir John and Lady Eleanor Burns, had also inherited a substantial sum on the death of her mother, just a week before Catriona Lothian’s death.

By 2002, when they finally divorced, Harriet claims exclusive that Lothian enjoyed a six-figure salary whilst Harriet took care of their children and could only work part-time as a rape crisis counsellor.

In the end she had to pay Lothian £28,000 to buy him out of the family home and finish the marriage.

Assault

Lothian and his brother Murdoch were subject to an Inland Revenue investigation in 2000 after claiming the contents of their late mother’s Stirling home were worth a mere £5,000.

This included antique furniture, jewellery, silver, paintings and pottery.

It’s understood the Inland Revenue later valued the list at £300,000.

But Harriet still wishes justice had been done for the assault she endured in 1996. She said: “Successive governments on both sides of the border have claimed to wage war on domestic violence.

“There was an opportunity for the Scottish establishment to show there was substance behind the platitudes by taking action against a senior lawyer. But typically, they covered his back.” Now self-employed in horticulture, Harriet added: “I have to work extremely hard to make a living.

Andrew’s disgrace has not made life any easier, but I feel vindicated.”

Lothian served on the Glasgow bench from 1979 to 1992 before moving to Edinburgh. He’s expected to keep his £7,000-a-month pension.

He was unavailable to comment on the allegations.

Read more articles about the Judiciary of Scotland here : Judiciary of Scotland – Previous articles

 

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TOP OF THE COPS: Police Scotland media team in row over “wrong” word in transcript of top cop explaining away suspension, demotion & reinstatement after male-led cop tribunal cleared him from FIVE allegations of serious sexual assault

Scotland’s new Top Cop once faced serious sexual assault probe. THE “WRONG” word in a newspaper’s transcribed version of an interview with the officer who is now Scotland’s new Chief Constable – Iain Livingstone – became the subject of bitter exchanges between media officers of Police Scotland and a national newspaper.

Reports from inside the media have revealed the matter became the subject of protracted requests to the Daily Mail newspaper from Police Scotland’s media unit – which includes a Communications officer identified as Chris Starr.

The dispute arose after a mistake was identified in the paper’s published transcript of a television interview asking Iain Livingstone about how he dealt with five allegations of serious sexual assault from a female colleague.

The mistake amounted to one word – “all” .. which should have read from interview as “wrong”.

However, questions have arisen as to why Police Scotland’s media unit hare being used to target the media over the wording of a transcript – a task which should have been allocated to a law firm.

And, while cops have taken issue with reporting of the sexual assault allegations against Scotland’s new Chief Constable, Police Scotland and the Scottish Police Authority continue to resist full disclosure and publication of the full details of the FIVE allegations of sexual assault made against Iain Livingstone by a female officer who has since left the force.

Livingstone was recently confirmed as Scotland’s new Chief Constable after a gruesome sequence of suspensions of colleagues, a damning report on how Scots Police spied on journalists and whistle-blowers, and the Ministerial backed ousting of former Chief Constable Phil Gormley.

During the BBC Scotland Investigates 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.

I fell asleep in the wrong place and that was “wrong” 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.

I came back to work, I accepted that I made a mistake, I accepted I had learned from it and since that time I have continued to conduct my duties with absolute rigour and professionalism.”

Asked whether he could be the ‘strong professional leader with integrity’ that the public want as chief constable, Iain Livingstone said: “I think I could discharge the responsibilities of the job. ‘One of my main strengths, I think, is the ability to work collectively and to work in a collegiate manner.”

“I do think I could do the job, I just need to be quite clear in my own mind that that’s what I want to do for the next three to five years.”

Mr Livingstone was suspended in 2003 after a female officer said she was sexually assaulted at Tulliallan, Scotland’s police training college.

At the time he was 36, a father of three, and held a post in Her Majesty’s Inspectorate of Constabulary, which used to oversee regional police forces.

There were no legal proceedings – although Mr Livingstone was demoted from superintendent to constable in 2004 following a disciplinary hearing.

Five allegations of serious sexual assault were dismissed but, at an internal misconduct hearing, he admitted being in the woman’s room overnight after falling asleep.

The hearing, chaired by the then assistant chief constable of Strathclyde Police, found there had been no sexual impropriety or intent.

The woman, who had been on the accelerated promotion scheme for graduates, was reported to have left the scheme, which guarantees fast-track promotion.

A statement to the Press issued by a Police Scotland media representative in May on the subject of the BBC Scotland interview stated: “This matter was subject to due process by Lothian and Borders Police and was formally concluded under police regulations 14 years ago.”

“A hearing concluded that there was no sexual impropriety or intent on Mr Livingstone’s part and he has nothing further to add.”

TIMELINE OF SEXUAL ASSAULT ALLEGATIONS AGAINST TOP COP:

FEBRUARY 2003: Iain Livingstone, then 36, is suspended amid sexual assault claims and admits he is ‘shattered’.

AUGUST 2003: Prosecutors drop proceedings against Mr Livingstone – but he faces internal disciplinary proceedings.

JUNE 2004: Mr Livingstone is demoted from the rank of superintendent to constable, which means a loss of more than £1million in salary and pension payments.

AUGUST 2004: Tayside’s Chief Constable John Vine upholds Mr Livingstone’s appeal and reinstates him, agreeing that the original decision was ‘harsh’.

OCTOBER 2015: Now Deputy Chief Constable of Police Scotland, Mr Livingstone emerges as a candidate for the top job after Sir Stephen House quits.

DECEMBER 2015: Former Norfolk Constabulary Chief Constable Phil Gormley is named as the new boss of Police Scotland.

JULY 2017: Mr Livingstone announces his retirement, saying it was a ‘privilege to serve the people of Scotland’.

SEPTEMBER 2017: Amid the bullying row engulfing Mr Gormley, Mr Livingstone cancels his retirement plan and takes charge of the single force.

APRIL 2018: Front runner to become the new full time chief, Mr Livingstone is confronted about his conduct in a BBC Scotland TV documentary.

Journalist Sam Poling questioned Iain Livingstone during the BBC Scotland documentary, A Force in Crisis, which aired on Monday 30 April 2018.

The transcript of the interview between Sam Poling & then Deputy Chief Constable Iain Livingstone (now promoted to Chief Constable) reads as follows:

SAM POLING: What about your background?

DCC IAIN LIVINGSTONE: My background as a police officer?

SAM POLING: The allegations of sexual assault. You ended up admitting misconduct, staying in the room of a junior officer.

You were bumped down from superintendent to constable and suspended. Am I right?

DCC IAIN LIVINGSTONE: No, not on that, no you’re not right.

SAM POLING: You weren’t taken down from superintendent to constable?

DCC IAIN LIVINGSTONE: No, I wasn’t taken down from superintendent to constable and then suspended.

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.

I fell asleep in the wrong place and that was wrong 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.

I came back to work, I accepted that I made a mistake, I accepted I had learned from it and since that time I have continued to conduct my duties with absolute rigour and professionalism.

SAM POLING: The public want a strong professional leader with integrity in their chief constable. Is that you?

DCC IAIN LIVINGSTONE: I think I could discharge the responsibilities of the job. One of my main strengths, I think, is the ability to work collectively and to work in a collegiate manner.

I do think I could do the job, I just need to be quite clear in my own mind that that’s what I want to do for the next three to five years.

SEXUAL ASSAULT ALLEGATIONS AGAINST TOP COP TO REMAIN SECRET:

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 read as follows:

“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.”

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 Scottish Police Authority 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.

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 colleagueAssistant Chief Constable John McLean of Strathclyde Police.

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

A full report on Police Scotland’s refusal to release the details of allegations against Iain Livingstone can be found in an earlier article 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

A report on the Scottish Police Authority’s refusal to release information in connection with the allegations of sexual assault against Iain Livingstone can be found here: 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’

 

 

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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 wrong”.

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

During the BBC Scotland documentary PoliceScotland 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’.

Quotes from DCC Livingstone’s responses when questioned about the allegations of sexual assault reveal the following remarks by the Police Officer:

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.”

“I fell asleep in the wrong place and that was wrong 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.”

MSPs at the Scottish Parliament 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’.

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.

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

Following criticisms by former Assistant Chief Constable Angela Wilson – of Iain Livingstone’s bid to become Chief Constable, Calum Steele – General Secretary of the Scottish Police Federation (SPF) launched a highly personalised attack 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.

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.

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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