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IT’S DUBLIN, M’LADY: FOI probe results in Judicial Office adding Lady Dorrian to Lord Carloway’s ‘research’ junket on Ireland’s criminal justice system

Court staff add second judge to Ireland judicial junket. THE SECOND most powerful judge in Scotland – Lady Dorrian – the first ever female judge serving as Lord Justice Clerk, has been added to a 2014 judicial junket to Dublin – in which court staff initially claimed was solely attended by Scotland’s current Lord President – Lord Carloway.

And, new details since released for the ‘fact finding’ judicial junket – also reveal Lord Carloway met two Irish senior judges in a Chinese restaurant – to discuss ‘efficiencies in the courts’.

The addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip only came about after the Scottish Information Commissioner (SIC) became involved in a dispute over the determined efforts of the Judiciary of Scotland and Scottish Courts and Tribunals Service (SCTS) to conceal details, destinations and the costs of UK & judicial overseas travel junkets from Freedom of Information enquiries.

In October 2014, DOI reported that an investigation by the Information Commissioner received evidence court officials hurriedly switched the travel destinations of Scotland’s second most powerful judge – the Lord Justice Clerk Lord Carloway, after journalists queried an FOI disclosure, asking for further details of a journey.

Lord Carloway – who was at the time Lord Justice Clerk and has since been elevated to the top post of Lord President earning £222,862.00 a year, was listed in a 2014 FOI disclosure by the Scottish Court Service: Overseas Travel of Scotland’s Judges 2013-2014 as having taken three taxpayer funded trips – a six day trip to Vancouver, Canada costing £5,820.16, a two day trip to Dijon, France, with a claimed cost of £59.15 and a two day trip initially listed as Evidence & Procedure Review Study Visit costing £232.93.

The Scottish Court Service was then contacted by journalists who asked officials to provide a destination of Lord Carloway’s Evidence & Procedure Review Study Visit. In response, a senior SCS official said “Lord Carloway attended the event in Bristol.”

When journalists again contacted the Scottish Court Service asking why one domestic UK trip had seemingly been disclosed when court officials claimed it was too expensive to publish the UK only trips, the same official replied “I queried this with the Judicial Office for Scotland who have asked me to pass on their apologies.  Lord Carloway actually attended the event in Dublin and not in Bristol.

The Judicial Office for Scotland ended further enquiries at the time with the statement “We have checked the information that we provided and we have nothing further to add.”

The switch of Lord Carloway’s destination during a trip taken in March 2014 – from Bristol to Dublin only came about after court staff realised they had previously claimed to journalists, and more recently to the Scottish Information Commissioner, the SCS did not hold data on judges trips inside the UK.

Since the probe by the Scottish Information Commissioner, new documents issued to journalists after a probe lasting several weeks finally revealed: “Lord Carloway and Lady Dorrian visited Dublin to research the Irish criminal justice system to inform the on-going SCS review of evidence and procedure in Scotland, and were accompanied by an SCS Director with lead responsibility for this review work. They flew from Edinburgh to Dublin on the evening of Monday 24 March, and returned on the evening of Wednesday 26 March. They stayed at the Ashling Hotel, Parkgate Street, Dublin on the nights of 24 and 25 March.”

The ‘omission’ of Lady Dorrian from initial documents released in 2014 was blamed by court staff on murky arrangements for judicial air travel which allowed judges to book air tickets at public expense at their own discretion.

However, claims by the Judicial Office that new travel rules introduced by former Lord President Lord Brian Gill put an end to judges helping themselves to tens of thousands of pounds of air flights and trips have since been proved wrong – after continuing investigations revealed further international air junkets, reported here: LORDING IT MORE OPENLY: Scotland’s obsessively secretive judiciary reveal overseas junkets.

The latest crop of jet set junkets for judges reinforce suspicions highly paid Scottish judges on up to £220K a year are spending more time in the air and abroad, than attending to their judicial duties in the courts.

Challenged on the switch of destinations and the addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip, a spokesperson for the Judicial Office said: “I have now had the opportunity to look into this.  The error you have highlighted occurred because the booking was not made by the Judicial Office.  We have now amended our records.”

“As you are aware, the Lord President issued new guidance to all judiciary earlier this year in respect of international travel and attendance at conferences.  All requests for funding should be sought only from the Judicial Office.  This will help ensure such errors do not occur in the future.”

Asked to confirm which trip was not booked by the judicial office – Lady Dorrian or Lord Carloway (or both), a spokesperson for the Judicial Office said: “Both. To be clear‎ the costs of the trip (flights, hotel) for both Lady Dorrian and Lord Carloway did not come out of the Judicial Office budget. The costs associated with travel and subsistence do. Therefore we knew about Lord Carloway’s trip but incorrectly recorded that information.

A programme for the visit, issued after the addition of Lady Dorrian to the trip, reveals Lord Carloway met up with two senior Irish judges in a Chinese takeaway to discuss the efficiencies of courts.

An entry in the programme for Tuesday 25 March 2014 states: 7:30pm – Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt  to discuss  “The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts” Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

However, Lady Dorrian’s name does not appear anywhere in the issued documents for the trip to Dublin.

Evidence and Procedure Review – visit to Dublin, 25-26 March 2014 Programme Date: Tuesday 25thMarch 2014

Arrive to be met by Ms. Elisha D’Arcy, Protocol Officer, Courts Service Venue: Great Hall, Criminal Courts of Justice Parkgate Street, Dublin 8

Tour of Criminal Courts of Justice with Ms. Lisa Scott and Ms. Kelly Mackey, Judicial Researchers

Discussion with Ms. Kelly Mackey & Ms. Lisa Scott, Judicial Researchers working on analysis of relevant Legislation and Law Reform documents Venue: Court No. 13, 4 th Floor, Criminal Courts of Justice

Meeting with The Hon. Mr. Justice Peter Charleton, High Court, The Hon. Mr. Justice Patrick McCarthy, High Court, His Honour Judge Patrick McCartan, Circuit Court, Judge Patricia McNamara, District Court and Ms. Elisha D’Arcy to discuss, inter alia, case management, how the volume of cases is managed, any difficulties in ensuring cases are processed in good time – problems with “churn” in the system, with hearings having to be adjourned/continued etc Venue: Conference room, 9th Floor, Criminal Courts of Justice

Meeting with Mr. Noel Rubotham, Head of Reform and Development, Courts Service to discuss relevant initiatives in the area of criminal procedure reform, including pre-trial case management Venue: Conference room, 9 th Floor, Criminal Courts of Justice

Meeting with Ms. Geraldine Hurley, Principal Officer, Courts Service to discuss the practicalities of giving Video Link evidence and observe/demonstrate Video Link evidence procedure/facilities Venue: 9 th Floor Conference room, Criminal Courts of Justice

Observation of Central Criminal Court in session, The Hon. Mr. Justice Patrick McCarthy presiding Venue: Court No. 10, Criminal Courts of Justice

Observation of Circuit Criminal Court in session, His Honour Judge Patrick McCartan presiding Venue: Court No. 12, Criminal Courts of Justice

Observation of District Criminal Court in session, Judge Patricia McNamara presiding Venue: Court No. 2, Criminal Courts of Justice

Working Lunch hosted by: The Hon. Mrs. Justice Susan Denham, Chief Justice In attendance: The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice Patrick McCarthy, His Honour Judge Patrick McCartan, Judge Patricia McNamara, Mr. Brendan Ryan, CEO, Courts Service, Registrar, Ms. Elisha D’Arcy Venue: Conference Room 9 thFloor, Criminal Courts of Justice

Depart for Children Court Observation of Children Court in session, Judge John O’Connor presiding Venue: Children Court, Smithfield, Dublin 7

Depart for Child Care/ Family Law Court Observation of Child Care Courts in session, Judge Brendan Toale and Judge Colin Daly and Her Honour Judge Rosemary Horgan, President of the District Court presiding Venue: Court No. 20, 40 and 49 Child Care Courts, Dolphin House, East Essex Street, Dublin 2

Observation of Family Law Courts in session, Judge Marie Quirke and Judge Deirdre Gearty presiding Venue: Court No. 41 and 47 Family Law Courts, Dolphin House, East Essex Street

16.00p.m. – 17.00p.m. Discussion on Child Care Court and Family Law Court with Her Honour Judge Rosemary Horgan, President of the District Court Judge Marie Quirke, Judge Brendan Toale, Judge Colin Daly and Judge Deirdre Gearty with particular emphasis on interviewing children and taking evidence from children Venue: 3rd Floor conference room, Dolphin House

19.30p.m. Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt to discuss “The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts” Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

Date: Wednesday 26thMarch 2014: 09.00 a.m. – 11.30 a.m. Meeting with Members of An Garda Siochana, led by Chief Superintendent Patrick Leahy, Dublin Metropolitan Region, North Central Division – Powerpoint Presentations

11.40a.m. Meeting with Ms. Clare Loftus, Director of Public Prosecutions, accompanied by Ms. Liz Howlin, Head of the Directing Division and Mr. Peter Mullan, Chief Prosecution Solicitor –
Venue: Office of the DPP, Infirmary Road, Dublin 7

13.00p.m. Working lunch with The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice John Edwards, High Court, His Honour Judge Martin Nolan, Circuit Court, Judge John O’Connor, District Court and Ms. Elisha D’Arcy Venue: Conference Room 9thFloor, Criminal Courts of Justice

14. 00p. m. Meeting with Law Reform Commission Commissioners Ms. Finola Flanagan and Tom O’Malley, BL, Law Reform Commission – Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

15.15p.m. Meeting with Mr. Jimmy Martin, Assistant Secretary, Criminal Law Reform Division, Department of Justice & Law Reform to discuss the Department’s planned legislative initiatives in this area in particular the development of a Criminal Procedure Bill dealing with certain pre-trial procedures, video link hearings and certain other matters. Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

16.15 p.m. – 17.00p.m Meeting with Mr. Ken Murphy, Director General and Members of the Criminal Law Committee of the Law Society of Ireland, Shalom Binchy (Committee Chair), James MacGuill (former Committee Chair and former President of the Law Society), Dara Robinson (another former Committee Chair) and Robert Purcell Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

Previous articles on the judiciary’s use of public cash to fund judicial overseas junkets can be found here: Overseas travel of Scottish judges.

 

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STILL BANKING, M’LORDS: Judicial quango in charge of Scotland’s Courts & Tribunals remains mired in financial links to Banks, investment funds, insurance, property & corporate vested interests

Banks & corporate interests are ‘quids in’ for judges. THE LATEST snapshot of financial investments held by a select few members of Scotland’s ultra secretive judiciary who sit on the judge-controlled body in charge of the courts – reveals banks convicted of rate-rigging, insurance cartels, property and corporate vested interests – remain favoured havens for judicial wealth.

Registers of Interests declaring the shareholdings of Scotland’s top judges – released by the Scottish Courts and Tribunals Service (SCTS) – in response to a Freedom of Information request – show minor changes in the pro-banks & big business investment structures of a handful of leading judges – since the issue was first revealed in the media and reported in further detail by Diary of Injustice in 2014.

However, Scotland’s top judge – Lord President Lord Carloway – who earns a salary of £220,655 a year – is listed under shareholdings in the register as holding “none”.

Lord Justice Clerk Lady Dorrian – who earns £213,125 a year – is also listed under shareholdings in the same register as holding “none”.

Three other members of the judiciary who currently sit on the powerful Scottish Courts & Tribunals Service Board – also have nothing to declare in terms of shareholdings – leaving former Lord President Lord Brian Gill, Lady Smith and Justice of the Peace Johan Findlay as the only three remaining judges to declare any financial investments.

The existence of the shareholdings register of a select few judges came to the attention of the Scottish Parliament’s Public Petitions Committee who have been conducting a three year probe into proposals to create a judicial interests register – after details of judges’ shareholdings were revealed in an investigation published by the Sunday Herald newspaper.

The Sunday Herald investigation also revealed Sheriff Principal Dunlop QC – who presided over a court hearing involving Tesco – held shares in the supermarket giant yet did not absent himself because having shares in a company that is party to a court action does not require a member of the judiciary to step down from a case.

And, as a result of further investigations by the Scottish Sun newspaper – it was revealed the same Sheriff Principal Alistair Dunlop (who was also a member of the powerful Scottish Court Service Board until leaving this role in 2015) – held shares in companies which had been convicted of paying bribes in Iraq, and China – reported in further detail here: PROCEEDS OF CRIME: Judicial Interests investigation reveals top Sheriff Principal has shares in company fined £13.9million for Iraq bribes case & mining giant caught in China bribe scandal.

The current Scottish Courts and Tribunals Service Board Register of Shareholdings reveals the following declarations of shareholdings:

Lord President – Rt Hon Lord Carloway: None
Lord Justice Clerk – Rt Hon Lady Dorrian: None
President of Scottish Tribunals – Rt Hon Lady Smith: Artemis Fund Managers, Barclays, Blackrock AM, Brown Advisory, Goldman Sachs, Global Access, Henderson Investment, Ishares PLC, JP Morgan, Lazard Fund Managers, Pimco Global, Vanguard Funds PLC, Fundrock Management CO Gsquaretrix.
Sheriff Principal Duncan L Murray: None
Sheriff Iona McDonald: None
Sheriff A Grant McCulloch: None
Johan Findlay OBE JP: Aviva, Vodaphone, Santander, Unilever, Norwich Union, Legal & General, Fidelity Funds Network, Lloyds Banking Group, Thus Group, HBOS, Trafficmaster, Standard Life.
Dr Joseph Morrow QC: None
Lord President – Rt Hon Lord Gill (note: Lord Gill retired on 31 May 2015 and was succeed by Lord Carloway). :Henderson UK Growth Fund Retail Class Acc, Newton Global Equity Fund, Aviva Investors UK Equity Fund, Scottish Widows UK Growth Sub-Fund, HSBC Balanced Fund (Retail Acc), Royal Mail Plc, TSB Group Plc, Urban and Civil Plc, Vestry Court Ltd.

Among the non-judicial members of the same SCTS Board, declarations in their registers of interests, also disclosed via FOI legislation reveal:

Eric McQueen: None
Dr Kirsty J Hood QC: None
Simon J D Catto: Aberdeen Football Club PLC, Scottish Power UK Plc, Royal Mail PLC.
Joe Al-Gharabally: RBS, Ryanair, Aviva, AT & T
Professor R Hugh MacDougall: None
Colonel David McIlroy: None
Anthony McGrath: (note – Mr McGrath was a Board member until 31 December 2015 and was succeeded by Col David McIlroy, following completion of his term of office): Accys Technology, Alexander Mining, Apple, Ashley House, Asian Citrus, Augean, Avanti Comms, Barclays Bank Bond, Billings Services, Camkids, Cell Therapeutics, Centamin, Chariot Oil, Chemring, Coal Of Africa, Consolidated General Minerals, Correro, Cupid, East West Resources, Emblaze, Essenden, e-Trade Financial, Fox Marble, Globo plc , Goldenport Holdings, Goldplat, Heritage Oil, HSBC Holdings, Imic, Infrastrata, Interpublic, Jubilee Platinum, Lloyds Banking, Magnolia Petroleum, Mobile Streams, Norseman Gold, Polo Resources, Pure Bioscience, Quindell, Reach4entertainment, Resource Holdings, Royal Bank of Scotland, Saltire Taverns, Stagecoach, Standard Chartered, STV, Tanfield, Tower resources, Volga Gas, Westminster Group.

However, missing from any register is property ownership by judges and their relatives, together with interests in real estate, buy to let and property companies – a well known and profitable area of big business for members of the judiciary and their family members.

Big ticket items such as property are suspiciously omitted from the meagre financial declarations of high earning elite judges – who remain eager to keep their vast interests in property off the books and out of reach from potential accusations of conflict of interest in swathes of land & property related court hearings going through the courts.

The very limited disclosures of the Scottish Courts and Tribunals Service Board members also contain no references to outside earnings & work, relationships to law firms, big business and more detailed declarations which may be picked up by a fully published register of judicial interests as is currently being considered by MSPs.

The three year probe by the Scottish Parliament’s Public Petitions Committee on proposals to create a register of judicial interests: Petition PE1458: Register of Interests for members of Scotland’s judiciary previously heard ‘claims’ from Scotland’s former top judge – Lord Brian Gill – that a register listing all financial interests of judges was “unworkable” for the entire judiciary.

However, some members of the Petitions Committee have voiced their unease during previous committee hearings that such a register as already exists for a handful of judges who sit on the SCTS Board – could not be implemented for the entire judiciary in Scotland.

If the judicial transparency proposal becomes reality, all members of Scotland’s judiciary – instead of just the elite few who sit on the board of the Scottish Courts – will be required to declare their vast and varied interests including their backgrounds, personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, membership of organisations, property and land interests, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

The proposal to require all members of the judiciary to declare their interests gained cross party support from msps during a debate on the petition – held at the Scottish Parliament on 7 October 2014, and reported along with video footage and the official record, here: Debating the Judges. MSPs overwhelmingly supported a motion urging the Scottish Government to create a register of judicial interests.

COMPANIES CONVICTED OF BRIBES, & SCOTTISH JUDGES WHO INVEST IN THEM:

The Scottish Sun newspaper reported how one judge – Sheriff Principal Alistair Dunlop – held shares in Weir Group – who were hit with a £13.9m Proceeds of Crime bill for bribing Saddam Hussein’s regime in Iraq.

JUDGE HAS SHARES IN BRIBE FIRM

Stocks Register Plea

EXCLUSIVE: by Russell Findlay
Scottish Investigations Editor The Scottish Sun on Sunday May 11 2014

A TOP judge holds shares in a firm hit with a £13.9million proceeds-of-crime bill for bribing Saddam Hussein’s regime,The Scottish Sun on Sunday can reveal.

Sheriff Principal Alastair Dunlop 62, has a stake in Glasgow based Weir Group, hammered in 2011 for paying kickbacks to land contracts in Iraq.

He also has shares in mining giant Rio Tinto, whose executives admitted bribery in China four years ago.

Sheriff Dunlop – the most senior sheriff in Tayside, Central and Fife – must declare his interests as a Scottish Court Service Board member but they are not made public.

Last night campaigner Peter Cherbi – who led calls for a register to improve transparency – said “I believe judges like Sheriff Principal Dunlop cannot hold investments in firms guilty of breaking the law”

Tory MSP John Lamont added “The public would fully expect judges to be transparent. A register would improve public confidence.”

Sheriff Dunlop declined to comment but the Judicial Office for Scotland said investments were “a matter for the individual”.

A full listing of Sheriff Principal Alistair Dunlop’s declared shareholdings – published by Diary of Injustice in August 2014 – revealed a significant list of companies caught up in allegations of corruption around the world.

Sheriff Principal R A Dunlop QC: Astrazeneca, BHP Billiton, Blackrock AM UK Gold & General, Bluescope Steel, BNY Mellon Newton Global, CG Real Return Inc, Close Brothers Group, Diageo, Findlay Park FDS American Smaller Cos., G4S, Henderson Global Invs, ING Global Real Estate Securities, Intercontinental Hotels, JP Morgan Private Equity, Lomond Shipping Co, Lloyds Banking, M&G (Guernsey) Global Leaders, National Grid, Oakley Capital Investments, Origo Partners, Pernod Ricard, Prudential, Rio Tinto, Royal Bank of Scotland, Royal Dutch Shell, Scottish Oriental Smaller Cos, Tesco, Vodafone, Weir Group.

Further details including information on criminal cases involving companies in the investment portfolios of Scotland’s judiciary is reported here: JUDICIAL RICH LIST: Register reveals top judges investments in dodgy justice system providers, companies linked to international bribes scandals.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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M’LADY JUSTICE CLERK: Lady Dorrian becomes first female judge appointed to position of Lord Justice Clerk – second most powerful judge in Scotland

First female judge appointed Lord Justice Clerk. FOR THE first time in the history of Scotland’s legal system, a female judge has been appointed to the role of Lord Justice Clerk, the second most powerful position in Scotland’s judiciary.

Lady Leonna June Dorrian (58), who is currently a judge of the inner house of the Court of Session – will take up her appointment as Lord Justice Clerk on 26 April 2016, the day of her installation.

The post of Lord Justice Clerk comes with a salary of £213,125 a year.

The Lord Justice Clerk also holds the office of President of the Second Division of the Inner House of the Court of Session, and, by virtue of the post, is Chair of the Scottish Sentencing Council.

The appointment of Lady Dorrian to the second most powerful judicial position comes after the recent appointment of the previous holder of the office of Lord Justice Clerk – Lord Carloway – to the top role of Lord President & Lord Justice General of the Court of Session.

During the six month search for a new Lord President which took place after the sudden retirement of Lord Brian Gill in May, 2015 – Lady Dorrian was appointed to a selection panel convened by the First Minister Nicola Sturgeon to interview applicants for the position of Lord President, reported in further detail here: To play the President – Hunt begins for Scotland’s next top judge

The panel, which comprised Sir Muir Russell – Judicial Appointments Board for Scotland, Mrs Deirdre Fulton – Judicial Appointments Board for Scotland, Rt Hon Lord Reed – Justice of the Supreme Court of the United Kingdom,  Rt Hon Lady Dorrian – Senator, Inner House of the Court of Session – concluded their deliberations with a recommendation Lord Carloway (real name Colin Sutherland) be appointed to the position of Lord President – reported in further detail here: Top judge of Parliament House: Lord Carloway appointed as Scotland’s Lord President

With the ascension of Lord Carloway to the post of Lord President, the move required the appointment of a new Lord Justice Clerk.

A selection panel to interview candidates for the role was again convened by the First Minister earlier in January 2016 – the panel comprising of Rt Hon Lord Carloway – Lord President, Sir Muir Russell – Judicial Appointments Board for Scotland, Alison Mitchell – Judicial Appointments Board for Scotland, The Hon Lady Stacey – Senator of the College of Justice to select a candidate for the position of Lord Justice Clerk.

Lady Dorrian was then nominated by the First Minister Nicola Sturgeon to Her Majesty the Queen – after taking account of recommendations made by the selection panel constituted under the Judiciary and Courts (Scotland) Act 2008 .

The panel which made the recommendations included Lord Carloway – who had been nominated for the position of Lord President by the previous panel which Lady Dorrian was a member of.

Lady Dorrian – Biography:

Lady Dorrian is a graduate of the University of Aberdeen and was admitted to the Faculty of Advocates in 1981 before becoming Standing Junior Counsel to the Health and Safety Executive and Commission between 1987 and 1994.

She served as Advocate Depute between 1988 and 1991, and as Standing Junior to the Department of Energy between 1991 and 1994. In 1994, she was also appointed Queen’s Counsel. Between 1997 and 2001 she was a member of the Criminal Injuries Compensation Board. Lady Dorrian was appointed as a judge of the Supreme Courts in 2005, having served as a temporary judge since 2002. She was appointed to the Inner House in November 2012.

SECRETLY SELECTING A PRESIDENT, SO SECRETLY:

 How judges select Scotland’s judges – in secret The selection panel for the office of Lord President – of which Lady Dorrian was a member – considered five candidates for the position of Scotland’s top judge – according to papers released by the Scottish Government in response to a Freedom of Information request by the media.

While there was significant speculation during 2015 that a female judge would be appointed to the top judicial post of Lord President, the unpredicted shift away from a male only top judge did not happen this time around.

Responding to queries, the Scottish Government refused to disclose the genders & diversity information relating to any of the candidates for the top job, citing privacy concerns.

Written exchanges between civil servants and the selection panel reveal a short listing meeting was held on 1 September 2015. The panel considered that two applicants Lord Carloway  [Redacted] merited an interview on the basis of the quality of their applications.

The panel agreed that given the level of appointment, candidates needed to be able to demonstrate that they met the criteria to an exceptional degree [Redacted].

The content of the selection panel’s report recommending Lord Carloway for the nomination of Lord President, was completely censored by the Scottish Government.

Emails between Scottish Government show First Minister Nicola Sturgeon had decided on Lord Carloway’s nomination as Lord President around 18 November 2015. Lord Carloway’s appointment as Lord President was finally made public a month later in December 2015.

Scotland’s judiciary faces a testing time as calls grow for judges to apply the same levels of transparency to themselves as is required of all other branches of Government, the justice system and those in public life.

SPOTLIGHT ON JUDICIAL INTERESTS SECRECY:

Scotland’s current Lord President – Lord Carloway is to be asked to give evidence to the Scottish Parliament’s Public Petitions Committee in connection with three year probe on proposals to require judges to register their interests, as called for in Petition PE1458: Register of Interests for members of Scotland’s judiciary.

The petition calls for the creation of a publicly available register of judicial interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

The proposal to require judges to declare their interests enjoys cross party support, and was widely backed by MSPs during a full debate in the Scottish Parliament’s main chamber on 9 October 2014 – reported in full with video footage of MSPs and Scottish Ministers speaking during the Holyrood debate, here: Debating the Judges.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations on judicial interests including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary

 

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FAILED TO JAIL: Law Society’s self regulation ‘failed public’ as ex solicitor who posed as colleague to lure clients has jail sentenced quashed by Court of Session

Banned lawyer John O’Donnell escapes jail A BANNED SOLICITOR who was given a three month custodial sentence earlier this year for posing as a colleague to lure clients has had his jail sentence quashed during an appeal hearing at the Court of Session earlier this week.

John Gerard O’Donnell (64) was found guilty of breach of interdict and sentenced in February by Lord Stewart after the court heard details of O’Donnell’s eleven year trail of ruined clients and consistent failures by the Law Society of Scotland to protect the public & clients from rogue solicitors.

But earlier this week – Appeal judges admonished O’Donnell after hearing of mental health problems and lack of proof over criminal motive.

Lady Dorrian, who sat with judges Lord Drummond Young and Lady Clark, ruled that Lord Stewart acted incorrectly when he ordered O’Donnell to be sent to jail.

Lady Dorrian added: “We are satisfied that the Lord Ordinary erred in his approach to sentencing. We think a period of imprisonment is excessive.We propose recalling the sentence imposed and impose an admonition.”

Lady Dorrian’s assertion that sentencing O’Donnell to there months in jail was “excessive” comes after Lord Stewart claimed in his February 2015 sentencing statement that “In order to punish Mr O’Donnell and to deter others, the court must impose a custodial sentence.”

Yesterday, the Law Society of Scotland claimed it had done all it could to protect consumers from O’Donnell and others like him who prey on members of the public and fleece taxpayer funded legal aid.

Lorna Jack, Chief Executive of the Law Society of Scotland said: “By holding himself out as a solicitor permitted to practice, John O’Donnell engaged in a course of conduct that breached a court order and flouted the Scottish Solicitors’ Discipline Tribunal and provisions of the statute that regulate the legal profession’

“The Law Society did all it could and should have done in relation to protecting the public and reputation of the profession by taking breach of interdict action against John O’Donnell.  Mr O’Donnell had breached an order of the court and it is therefore for the court to determine what sanction is appropriate.”

Jack continued: “It is essential to protect members of the public seeking legal advice and ensure they can continue to put their trust in solicitors. We will always take action against individuals if we have good reason to believe they are misleading people by holding themselves out as a solicitor when they are not entitled to do so.”

Legal insiders countered there was no real protection of the public interest, and the Law Society’s system of self regulation – where lawyers investigate their own – had once again failed.

Among many examples of O’Donnell’s activities, it was revealed in court he took the identity of a solicitor colleague – Colin Davidson – in order to dodge a five year ban imposed by the Scottish Solicitors Disciplinary Tribunal in 2009 after they found O’Donnell guilty of professional misconduct for a third time.

Despite the ban – O’Donnell started working for a firm on Glasgow’s south side – operated by solicitor Colin Davidson.

O’Donnell impersonated Mr Davidson, using his name to sign legal documents and posed as Davidson to clients. O’Donnell also gave instructions to an advocate – giving the impression that he was allowed to work as a solicitor.

John O’Donnell’s identity was only revealed after a client visited Diary of Injustice and read of media investigations into the solicitor’s murky past.

One of O’Donnell’s victims – widow Elizabeth Campbell (71) discovered O’Donnell was not Colin Davidson after she visited the Diary of Injustice law blog and saw his picture along with media investigations into O’Donnell’s decade long trail of client scams.

An investigation by the media also established Mrs Campbell was referred to John O’Donnell by Gilbert S Anderson – employed at Hamilton Citizens Advice Bureau in a position funded by the Scottish Legal Aid Board.

Letters obtained by the Sunday Mail newspaper & Diary of Injustice – revealed Anderson sent O’Donnell a handwritten note saying “possibly in my mind a cash for Colin £3000” indicating he hoped O’Donnell would be able to scam fees from the elderly widow.

Diary of Injustice reported on the case involving John O’Donnell & Gilbert Anderson, here : Crooked lawyer impersonates DEAD COLLEAGUE to lure clients in fraud scam.

Gilbert Anderson was the subject of further investigations, reported here: BREACH OF TRUST : Citizens Advice investigates taxpayer funded Hamilton CAB lawyer

John O’Donnell featured in numerous media reports spanning over a decade relating to multiple negligence claims, and continuing investigations into his conduct for over a decade which the Law Society of Scotland was unable, or unwilling to prevent.

LAWYERS BEHAVING BADLY:

An investigation by BBC’s Lawyers Behaving Badly featured the case of John O’Donnell.

The programme – aired in January 2014 to much consternation of the Law Society, certain parts of the legal profession and elderly aggrieved legal hacks – revealed staggering differences in how dishonesty is tolerated in the Scottish legal profession in comparison to cases in England & Wales – where dishonesty is automatically a striking off offence.

Alistair Cockburn, Chair, Scottish Solicitors Discipline Tribunal. Featured in the investigation was the Scottish Solicitors Discipline Tribunal (SSDT) Chairman’s attitude towards solicitors accused of dishonesty in their representation of clients legal affairs. During the programme, it became clear that dishonesty among lawyers in Scotland is treated less severely, compared to how English regulators treat dishonesty.

Sam Poling asks: The Scottish Solicitors’ Discipline Tribunal hears all serious conduct cases against solicitors. Last year they struck off nine of them. But is this robust enough?

Alistair Cockburn Chairman, Scottish solicitors discipline tribunal replies: It is robust in the sense that it doesn’t just give convictions on the basis that somebody’s brought before us charged by the Law Society.  We are mindful, particularly when reminded of the lay members, of a duty to the public.

One is always concerned when there is deception but you can have a situation where solicitors simply lose their place. They make false representations in order to improve their client’s position, not necessarily their own. And you would take that into account in deciding what the penalty was but there’s no suggestion that such conduct wasn’t deemed to be professional as conduct. 

Sam Poling: So there are levels of dishonesty which sit comfortably with you, satisfactorily with you?

Alistair Cockburn: No it’s not a question of saying sitting comfortably with me.  I’ve told you…

Sam Poling: OK that you would accept?

Alistair Cockburn: No I’d be concerned on any occasion that a solicitor was guilty of any form of dishonesty.  One has to assess the extent to which anyone suffered in consequence of that dishonesty.  You have to take into consideration the likelihood of re-offending and then take a decision.  But you make it sound as if it’s commonplace.  It isn’t.  Normally dishonesty will result in striking-off.

English QC’s agree ‘dishonesty’ is a striking off offence. The SSDT Chairman’s comments on dishonesty compared starkly with the comments of the English QC’s who said dishonesty was undoubtedly a striking off offence.

Andrew Hopper QC: “I cant get my head round borrowing in this context. Somebody explain to me how you can borrow something without anyone knowing about it. That’s just taking.”

Andrew Boon Professor of Law, City University, London: “They actually say in the judgement they would have struck him off but the client hadn’t complained.”

Andrew Hopper QC “We’re dealing with a case of dishonesty and that affects the reputation of the profession. I would have expected this to result in striking off.”

Andrew Boon, Professor of Law: “The critical thing is the risk factor. If somebody has been dishonest once the likelihood is that they are going to be dishonest again unless they’re stopped.”

As Sam Poling went on to report: “but he [O’Donnell] wasn’t stopped. The tribunal simply restricted his license so that he had to work under the supervision of another solicitor.”

Previous reports on John G O’Donnell can be read here John G O’Donnell – how one solicitor held up the Law Society

 

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