Thursday, May 31, 2012

Crown Office ‘breathe sigh of relief’ as majority verdict of jury convicts Nat Fraser of murdering wife after second trial

PROSECUTORS at Scotland’s Crown Office are ‘breathing a sigh of relief’ after the conclusion of the second trial of Nat Fraser in which a jury convicted by a majority verdict, the former fruit and vegetable wholesaler for the killing of his wife, mother-of-two Arlene Fraser, whose body has never been found. The second trial of Mr Fraser came after he successfully appealed his conviction to the UK Supreme Court in London last year : Fraser (Appellant) v Her Majesty's Advocate (pdf)

The Crown Office released the following statement : Nat Fraser convicted of wife murder

Nat Fraser was today found guilty of murdering his wife Arlene Fraser in Elgin in April 1998. He has been sentenced to life imprisonment, with a 'punishment part' of 17 years.

His conviction follows a trial at the High Court in Edinburgh.

David Harvie, Director of Serious Casework at COPFS, said: "Today's conviction sees Nat Fraser brought to justice for the murder of his wife Arlene in 1998. The Crown is absolutely determined to ensure that criminals are brought to justice for crimes they have committed, no matter the passage of time nor the legal complexities involved."

Grampian Police has today welcomed the conviction of Nat Fraser. Detective Chief Superintendent Campbell Thomson said: "Our immediate thoughts are obviously with Arlene's family. "Hector, Cathy, Isabelle, Bill, Carol and Steven have shown such courage throughout the last 14 years."

The Herald Newspaper reports on the case :

Nat Fraser gets 17 years for wife's murder

Published on 30 May 2012

A "possessive and controlling" businessman who arranged the murder of his estranged wife after she began divorce proceedings was jailed for life today following a retrial.

Nat Fraser was ordered to spend at least 17 years behind bars for killing mother-of-two Arlene Fraser, whose body has never been found.

Mrs Fraser was 33 when she vanished without trace from her home in New Elgin, Moray, on April 28 1998.

Nat Fraser, 53, was today convicted of "instructing, instigating and organising" her murder after a fresh trial lasting more than five weeks at the High Court in Edinburgh.

The trial heard claims the former fruit and vegetable wholesaler admitted to paying a hitman £15,000 to kill her and said his wife's body had been burned.

Fraser was originally found guilty of the killing in 2003 but his conviction was quashed last year and a fresh trial was granted after the UK Supreme Court ruled that the initial conviction was unsafe. Fraser, 53, denied being behind the disappearance of his 33-year-old wife.

The trial heard claims Fraser's motive was that his wife was leaving him, and that she had seen a lawyer about getting a pay-off.

Fraser claimed that if his wife was murdered, the man responsible could be Hector Dick, who gave evidence for the prosecution.

Advocate depute Alex Prentice QC, prosecuting, said in his closing speech that Fraser had "instigated and organised" his wife's murder.

However, John Scott QC, defending, said the case was "blighted by hindsight and assumption" and argued much of the Crown evidence was "unreliable".

Crown Office 'will be breathing sigh of relief'

Published on 31 May 2012

Victoria Weldon

A FORMER top prosecutor has claimed the Crown Office will be "breathing a sigh of relief" at Nat Fraser's conviction after the Supreme Court quashed the verdict the first time round.

Brian McConnachie, vice-chairman of the Faculty of Advocates Criminal Bar Association, said prosecutors could have faced heavy criticism had the verdict not gone their way.

Fraser was originally convicted of hiring a hitman to kill his wife in 2003, but an appeal which led to a lengthy legal dispute over undisclosed evidence resulted in a retrial.

Mr McConnachie said: "I'm sure they are breathing a sigh of relief in the Crown Office because no doubt difficulties with the first case would have been held up by many observers had it not gone their way.

"People would have suggested a guilty man had been acquitted because of a blunder by the Crown and I suppose there would have been some merit in that suggestion because everyone seems to accept that it was a blunder."

The appeal was initially heard at the Court of Appeal in Edinburgh where judges refused it. When the Supreme Court went on to grant it, the SNP called for that avenue of appeal to be closed off.

Solicitors vote to reduce size of Law Society of Scotland’s ‘greedy, dictatorial’ ruling council, 9 appointed lay poodles remain in shake-up

PROVING yet again one member one vote does not exist in Scotland’s ten thousand strong legal profession, SIXTY EIGHT solicitors backed a motion reducing the size of the Law Society of Scotland’s governing  ‘Council’ to 46 members, down from the current 62, according to an announcement made by the Law Society today.

The amendments to the Society's constitution will deliver a Council made up of : 31 solicitor members elected from geographical constituencies ranging in size from Glasgow & Strathkelvin (5 members) to Perth (1 member), 6 co-opted members and 9 appointed lay poodles members. The changes will be phased in over a three-year period.

Law Society of Scotland Press Release :Solicitors back smaller Law Society Council

The Law Society of Scotland's ruling Council is to be reduced in size by around a quarter, members agreed at its annual general meeting today.

In a vote, a motion to amend the Society's constitution to establish a Council of 46 members, down from 62, was backed by 68 solicitors, with two against and three abstentions. A two-thirds majority was needed to pass the motion.

Bruce Beveridge, the Society's Vice President-elect and Convener of the Constitution Working Group, said the reform would streamline the decision-making process.

He added that a smaller Council had been supported during consultations with the membership.

He said: "The decision to reduce the size of the Council, part of the Society's ongoing modernisation process, will streamline the way we work while still allowing effective representation of solicitors.

"The profession is increasingly diverse and it is vital that all views and interests are properly represented on the Council. We will continue to work with our members to ensure the Society's processes and procedures are modern, effective and transparent."

Solicitors elected from geographical constituencies will continue to make up most of the Council, with up to six co-opted solicitor members also representing specific under-represented sectors or groups, and up to nine non-solicitor members.

Bruce Beveridge added that further reforms would be considered in the future, including the use of technology to increase participation in Society business.

However, reducing the size of Council further, as has been suggested by some, would require careful consideration and consultation with the profession and could risk damaging the effective representation of members, he said.

The AGM in Perth also heard a statement of the Society's accounts for 2011, approved draft practice rules and debated the issue of separate representation for borrowers and lenders in property transactions. The Society's Council had been minded to propose amending the Practice Rules to prevent solicitors acting for both lenders and borrowers in all transactions but agreed there should be further discussion with members at today's meeting. It was agreed that a working party would be set up which would engage with solicitors, lenders and public interest groups to promote standardised practices and procedures for security work. A follow up report will go to the SGM in September.

Wednesday, May 30, 2012

Criminality, embezzlement & personal data of litigants sold for cash yet internal study claims judiciary are happy with Scottish Court Service staff

AN INTERNAL SURVEY conducted by the Scottish Court Service claims the majority of judges, sheriffs & justices of the peace (JPs) are “satisfied with the services & support they receive from the staff of the Scottish Court Service. The ‘results’ of the survey, released prior to the expected announcement of the appointment of a new Lord President later this week, claims the figures of judicial satisfaction, catalogued at 79% are in line with similar results of surveys of other court users, including victims, witnesses and legal professionals who, the SCS claim gave similar tales of satisfaction with Scotland's courts.

However, legal insiders have pointed out the survey falls far short of portraying the Scottish Court Service as a capable body, given the extensive delays faced by many litigants in Scotland’s court system and the appalling treatment of party litigants and other court users who either find themselves at odds with law firms in the courts, or cannot secure legal representation due to a variety of reasons.

The survey results, which can be viewed online here Judicial Survey 2011 final report & Judicial Survey 2011 Executive Summary also fail to show an increasing level of criminality within the Scottish Court Service, which has been hit recently by a number of scandals. Media reports have revealed in some cases, members of staff & court officials have embezzled large sums of public money, have been found to have links to, or friendships with gangsters, and in cases currently under investigation have been found to be leaking the personal data of litigants to law firms & debt recovery firms, for financial rewards.

The release published by the Scottish Court Service :

JUDICIARY ARE SATISFIED WITH THE SUPPORT PROVIDED BY SCOTTISH COURT SERVICE

The majority of judges, sheriffs and justices of the peace who took part in a survey were satisfied with the services and support they receive from the Scottish Court Service (SCS).

The SCS provides the staff, buildings, IT and other services to support the work of Scotland’s courts and independent judiciary. In the first such survey of its kind, the SCS asked all permanent, part-time and lay judiciary for their views about these services.

Of the 181 judiciary who responded, 79% were satisfied overall with the SCS. 90% considered the technical competence of court staff to be very or fairly good. The majority were also satisfied with court accommodation; access to legal publications and communications from the SCS. Additional IT support was identified as a priority for further improvement.

The overall outcome of the survey of judiciary is consistent with the findings of a recent separate survey of other court users, including victims, witnesses and legal professionals. This showed 83% were satisfied overall with the SCS.

Eleanor Emberson, SCS Chief Executive said: “I am very grateful to members of the judiciary for taking time to complete this survey. We undertake regular surveys of court users, but this is our first survey of members of the judiciary. The SCS exists to support the vital work of Scotland’s courts and the judiciary in overseeing the efficient progress of both criminal and civil cases. I am pleased that a large majority of the judiciary who responded were satisfied overall with the services and facilities we provide.

Mrs Emberson continued : “I am exceptionally proud of the commitment, dedication and skills which SCS staff demonstrate. Despite budget pressures, the SCS Board, chaired by the Lord President, has continued to invest in the technical training of court staff. I am pleased that this is reflected in the survey outcome. However, we are not complacent. The survey has highlighted areas where we can improve, including ensuring greater judicial confidence in the quality of our IT support. This will be vital as we expand the use of technology to further improve the efficiency of our courts. We will agree other specific actions following from the survey in discussion with the SCS Board and judicial representatives.”

BACKGROUND

The Scottish Court Service is a non-ministerial department, established by the Judiciary and Courts (Scotland) Act 2008. It is led by a corporate Board, chaired by the Lord President, Scotland’s most senior judge, and with a majority of judicial members.

The survey of views of members of the judiciary about SCS services ran from November to December 2011. The survey was administered internally by SCS staff at minimal cost. The survey questions and methodology were cleared with a judicial reference group, including a judge, sheriff, part-time sheriff and Justice of the Peace.

All survey responses were submitted in confidence. The survey sought views on the technical skills of SCS staff; court accommodation; health, safety and security; ICT; access to legal publications; communications and overall satisfaction.

Tuesday, May 29, 2012

SNP plan ‘will ban most firearms’ as MacAskill demands Home Secretary transfers powers on gun ownership to Scottish Parliament

JUSTICE SECRETARY Kenny MacAskill has demanded legislation over firearms, which is currently reserved to the Westminster Parliament, be devolved to Holyrood. The move comes after repeated calls by the SNP made on an almost annual basis to allow the Scottish Parliament to legislate over gun ownership in Scotland.

Leaks from Scottish Government insiders including references to frank discussions between civil servants & Ministers suggest  the SNP administration are seeking to introduce much tougher restrictions on how many firearms a single person can own, along with complete bans on certain types of guns and weapons such as air guns, along with a possible ban on the ownership of high powered hunting rifles (Bambi breathes a sigh of relief – Ed).

Amid plans for a single all Scotland Police Force, a new Firearms Register is also being discussed along with the possible creation of a new body to oversee it’s enforcement along with tough sentences for violations.

The new legislation should make it impossible for a gerbil to be shot in a supermarket car park with a handgun, and also equally impossible for Police Officers to sell supposedly destroyed firearms onto gun dealers or retain them for their private unlicensed collections.

Scottish Government Press release issued today states :

Justice Secretary requests firearms power transfer

29/05/2012

Justice Secretary Kenny MacAskill has today written to the Home Secretary Theresa May calling for firearms legislation to be fully devolved to the Scottish Parliament.

The letter follows the publication of statistics today which show a continuing rise in the number of legally owned firearms in Scotland.

The Scottish Government has repeatedly called for firearms legislation to be transferred to the Scottish Parliament where existing UK regulations could be tightened further.

Mr MacAskill said: "With recorded offences involving firearms in Scotland already at a 32-year low, today’s figures emphasise the importance of a robust licensing scheme. Each one of the firearms included in these statistics belongs to someone who has a legitimate reason for owning it.

"Thanks to the hard work of Scotland's police forces and responsible dealers, firearms owners are increasingly aware of their responsibilities. This is one of the ways in which we can help to prevent firearms from being used in criminal ways.

"There is more to be done, but firearms legislation currently remains reserved to Westminster. As we have repeatedly made clear, we believe that the law is long overdue for reform and we have been calling for the powers to regulate all firearms legislation in the Scottish Parliament. That will allow us to modernise and clarify the law, and so better protect our communities.

"I have today written to the Home Secretary Theresa May raising once again the need to tighten control over firearms."

Related Information Firearm Certificate Statistics, Scotland, 2011

Thursday, May 24, 2012

Police & Fire reform bill amendments aim to tackle criticisms of unaccountability in plans to create single Scottish Police Force & Fire Service

JUSTICE SECRETARY Kenny MacAskill has today announced further amendments to plans to create a single Scottish Police Force and a single Scottish Fire Service. The amendments aim to tackle some of the criticisms levelled at the Scottish Government’s plans over the lack of accountability and fears the Police Service in Scotland will become as politicised as in the rest of the UK.

Scottish Government Press Release :

Improving police and fire reform

24/05/2012

Amendments to ensure police and fire reform plans are as robust as possible have been announced by Justice Secretary Kenny MacAskill today.

The series of Stage 2 amendments to the Police and Fire Reform (Scotland) Bill have been tabled by the Scottish Government, listening to recommendations from the service, staff associations, the Justice Committee and others.

The amendments aim to improve and strengthen the legislation which has already been agreed in principle by the Scottish Parliament.  They include:

* Ensuring the Chief Constable is consulted by Ministers before the strategic police priorities are determined
* A requirement for the strategic police priorities to be laid before Parliament
* An amendment to give the Chief Constable responsibility for preparing the Annual Police Plan with a duty to report on progress against the plan to the Scottish Police Authority
* Amendments to the Police Investigations and Review Commissioner including clarifying the role of the Scottish Police Authority and Chief Constable in referring serious incidents
* Allowing the Chair of the Scottish Police Authority and Scottish Fire and Rescue Board to be appointed independently from other members to ensure openness and transparency
* An obligation to ensure members of Scottish Fire and Rescue Board act in a way that is transparent, accountable and reflects best practice.

Mr MacAskill said in a lengthy statement : “This Government is absolutely clear that moving to single services is the best way forward for Scotland and the best way to protect frontline police and fire and rescue services, the 35-year low in recorded crime, the 50 percent reduction in fire deaths in a decade and the 1,000 extra officers we have put on our streets since 2007 while the UK Government prepares to cut 16,000 police officer posts. The Police and Fire Reform Bill has already been agreed by Parliament in principle. It is a strong piece of legislation, but this Government has always said that we don’t have a monopoly on wisdom. We have worked closely with the service, staff associations, trades unions and local government and have formally consulted the public twice to shape our proposals. We have listened, we are listening and we will continue to listen.Meanwhile our commitment to bring forward the appointment of the Chief Constable and Chief Officer to ensure early certainty and lead the services through change is a key example of this Government responding to concerns. This was one of the key issues identified by a range of stakeholders and will help ensure a smooth transition. Many of the proposed amendments have been raised by the service, the Justice Committee and others and we are more than happy to take their advice on board to clarify and strengthen the Bill and ensure that this legislation is as robust as possible.”

Wednesday, May 23, 2012

Scots Law Commission propose law change to disclose previous convictions in court to ease burden of proof on ‘institutionally inept’ Crown Office

A PROPOSAL by the Scottish Law Commission to allow prosecutors to use previous convictions as evidence in criminal trials has been welcomed by the Scottish Government as part of an effort to ease the burden of proof on Scotland’s notoriously incompetent Crown Office & Procurator Fiscal Service (COPFS). The move comes after a series of high profile failures in prosecutions which in one well known case, that of the collapse of the World’s End murder trial, the QC acting for the Crown Office absconded from the court and was found ‘somewhere in England’.

The full report from the Scottish Law Commission on Similar Fact Evidence and the Moorov Doctrine 

Previous convictions in court

23/05/2012

A report which recommends prosecutors should be able to use previous convictions as evidence in criminal trials will be considered by the Scottish Government.

As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person.

The report is the final in a series of studies commissioned Scottish Law Commission aimed at ensuring an appropriate balance between the rights of the accused and the ability of the Crown to prosecute in the public interest.

Justice Secretary Kenny MacAskill said:  “I welcome this report from the Scottish Law Commission. In 2007, in order to strengthen public confidence in the justice system, I asked the Commission, with its track record of independent analysis and Scots Law reform, to look at specific issues relating to evidence and criminal procedure. This is the third and final report from the Commission in this area. Previous recommendations on Crown Appeals and Double Jeopardy have now been enacted in law and prosecutors are currently reviewing cases which can be prosecuted anew under the Double Jeopardy Act as a consequence.  Taken together, this comprehensive programme of reform has taken significant steps towards improving the public’s confidence in the justice system and in ensuring that our criminal law is fit for the 21st century. Today’s report makes a strong case and I am grateful to the SLC for its thorough and authoritative work since 2007.  I will consider the recommendations carefully.”

The first report, on Crown Appeals, was published in July 2008 and has been followed up by the enactment of sections 73-76 Criminal Justice and Licensing (Scotland) Act 2010. The second report, on Double Jeopardy, was published in December 2009 and has been followed up by the enactment of the Double Jeopardy (Scotland) Act 2011.

The proposal has provoked strong reaction in the media, covered by the Herald newspaper here :

Outcry at plans to reveal past convictions to juries

Published on 23 May 2012

Lucy Adams

JUDGES and jurors in Scotland will be able to hear evidence of an accused's previous convictions and "bad character" under proposals by a panel that advises the Scottish Government on new legislation.

The move will mean that in the case of killers and rapists they would learn of similar previous convictions.

Leading QC Donald Findlay expressed "horror and disgust" at the proposals by the Scottish Law Commission, which are similar to those introduced in England and Wales in 2004. He said: "It is another fundamental strike at the very heart of what has been our distinctive legal system for hundreds of years that, except in very particular circumstances, we try people on the evidence, not on what they may or may not have done in the past. I can guarantee there will be horrific miscarriages of justice."

Niall McCluskey, an advocate and human rights expert, said: "This is not conducive to a fair trial. It is ironic that under an SNP Government our criminal justice system is becoming more and more like the English system."

Serial killer Peter Tobin's murder of Polish student Angelika Kluk could not be made public at his trial for the murder of Vicky Hamilton.

However, on December 16, 2009, a jury in England took 13 minutes to find Tobin guilty of the murder of schoolgirl Dinah McNicol. They were told of his previous offences at the start of the trial.

Ministers asked the Law Commission to reconsider the admission of previous convictions as one of three major questions following the collapse of the World's End trial in 2007. Angus Sinclair had been accused of the so-called "World's End murders" of Christine Eadie and Helen Scott in October 1977.

As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove its case. This has been so since 1887. Prior to the 1880s previous convictions could be shared in Scottish courts.

In a new bill drafted by the commission, it concluded that the current rules for evidence are "illogical and arbitrary".

The admission of previous convictions would depend on their relevance to the case in question rather than the discretion of the judge, and would be challengeable by the defence.

At present, someone accused of theft with previous convictions for dishonesty would not have these convictions read to the jury. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict.

But Patrick Layden, QC, the lead commissioner on the project, said: "Evidence of how the accused has acted on another occasion is relevant to whether he has acted in a similar way in relation to the offence with which he is charged. It does not become irrelevant because he has been convicted on that other occasion. This report, if implemented, will ensure that the jury can consider all relevant information.

"We believe all the relevant evidence should be before the jury. The argument depends on where you would strike the balance between the interests of society and the interests of those charged with a crime. If someone with five convictions for rape was charged with rape then these convictions would go before the jury."

Justice Secretary Kenny MacAskill said: "In 2007, in order to strengthen public confidence in the justice system, I asked the commission, with its track record of independent analysis and Scots Law reform, to look at specific issues relating to evidence and criminal procedure. This is the third and final report from the commission in this area.

"Previous recommendations on Crown appeals and double jeopardy have now been enacted in law and prosecutors are currently reviewing cases which can be prosecuted anew under the Double Jeopardy Act.

"Taken together, this comprehensive programme of reform has taken significant steps towards improving the public's confidence in the justice system."

Libdem Councillor in ‘dropped charges of kerb crawling for prostitutes case’ is new Chair of Standards at £262M in-debt Scottish Borders Council

sbclogoSNP led coalition includes Councillor once charged with kerb crawling, now in charge of ‘standards’. AS THE COALITION of Scottish National Party (SNP), LibDem & Independent councillors take positions in the new administration at the £262 Million-in-debt Scottish Borders Council, it has emerged a LibDem Councillor, Alec Nicol who was once charged by Police for kerb crawling for prostitutes in Edinburgh’s Salamander Street has been given the role of Chairman of Standards at the beleaguered south of Scotland local authority which has been under a scandal & corruption mired control of a Condem coalition for a significant number of years.

Councillor Alec Nicol of Scottish Borders Council The kerb crawling charges against Mr Nicol, reported by Scottish Law Reporter HERE, were later dropped by Scotland’s Crown Office despite protests from senior officers in Lothian & Borders Police who concluded the case should have gone to trial. Prosecutors refused to give any explanation to Police or the media why they had dropped the charges against Mr Nicol.

Scottish Borders Council recently featured in several articles reported by SLR, HERE. It was also revealed late last week the Council’s Chief Executive, Tracey Logan had been off sick for a number of months but has since been confirmed as returning to work after questions were asked of her absence in a Freedom of Information request, all reported by SLR HERE

A Press Release issued by Scottish Borders Council reports the new appointments to the SNP-Libdem-Independent run Council :

Council appointments made

Published on Thursday 17th May 2012

Appointments were made at statutory meeting of the new Council.

All 34 elected members were present in the Council Chamber at Newtown St Boswells today for the statutory meeting of Scottish Borders Council. Certain appointments were made.

They are as follows:

Convenor - Councillor Graham Garvie
Vice Convenor - Councillor Jim Brown
Leader of the Council - Councillor David Parker
Depute Leader - Councillor John Mitchell
Chairman of Scrutiny - Councillor Gavin Logan
Vice Chairman of Scrutiny - Councillor Jim Torrance
Chairman of Standards - Councillor Alec Nicol
Chairman of Planning and Building Standards Committee - Councillor Ron Smith
Vice Chairman of Planning and Building Standards Committee - Councillor Nicholas Watson

The next meeting of the Council will take place on Thursday 24 May at 10am.

£262 MILLION POUND DEBT MOUNTAIN AT SCOTTISH BORDERS COUNCIL :

While the Council fights to maintain the secrecy over Mr Hume’s departure and a rumoured significant financial payoff, Scotland’s Finance Secretary John Swinney heaped more pressure on SBC by revealing to Holyrood the true extent of Scottish Borders Council’s debt situation, now standing at a staggering TWO HUNDRED AND SIXTY TWO MILLION POUNDS,

Figures revealed by Mr Swinney in a written answer to Tory MSP, Margaret Scanlon revealed the debt situation at Scottish Borders Council had nearly DOUBLED in the past five years of Conservative-LibDem control, from a figure of £166,489 million in 2007 to a whopping £262,551m as of last year.

Mr Swinney also revealed Scottish Borders Council are forking out over TWELVE MILLION POUNDS A YEAR for interest on debts such as assets acquired under Private Finance Initiatives (PFI) or similar arrangements, a figure which has leapt from £9,090 million in 2007 to £12,273 million as of 2011.

Local campaigners in the Scottish Borders have criticised the scale of the problems at Scottish Borders Council and the apparent lack of any leadership or desire by the former Tory-Libdem coalition to stop the ever rising mountain of debt at Scottish Borders Council, which now equates to a sum of £2,403 & rising for every person living in the Scottish Borders as of this date.

Tuesday, May 22, 2012

Former Dove Lockhart solicitor Derek Pyle appointed as Sheriff Principal for Grampian, Highlands & Islands post at £138K a year

SOLICITOR Derek Pyle has been appointed as the Sheriff Principal for the Sheriffdom of Grampian, Highlands & Islands after being nominated for the post by First Minister Alex Salmond on the advice of the Judicial Appointments Board.

According to the release from the Scottish Government announcing the appointment, Mr Pyle was once a partner in the law firm of “Dove Lockhart” which merged with Scott Moncrieff to create the now notorious Scott Moncrieff & Dove Lockhart Solicitors who crumbled under a massive FOUR MILLION POUND FRAUD due to the actions of one of it’s partners John McCabe in the late 1980’s.

Mr Pyle had moved on from Dove Lockhart long before the merger with Scott Moncrieff, serving as a senior partner with Wilson, Pyle & Co in 1980 and from 1990 to 1999 he was senior partner at Henderson Boyd Jackson.

Appointment of a new Sheriff

22/05/2012

Her Majesty the Queen has appointed Sheriff Derek Pyle, solicitor, as Sheriff Principal for the Sheriffdom of Grampian, Highlands and Islands.

First Minister Alex Salmond nominated Sheriff Pyle for appointment on the basis of a report by the independent Judicial Appointments Board.

Sheriff Pyle was appointed on 2 May and will take up appointment on 1 June 2012.

Derek Pyle was admitted as a solicitor in 1976 and as a solicitor advocate in 1994. He became partner at Dove Lockhart in 1978 and senior partner at Wilson, Pyle & Co. in 1980. From 1990 to 1999 he was senior partner at Henderson Boyd Jackson, where he was head of litigation and joint managing partner for corporate and commercial matters. From 1998 to 1999 he was a Temporary Sheriff and from 2000 he has been a full time Sheriff in various courts in Tayside and the Highlands. He is also a member of the Scottish Court Service Board.

The salary of a Sheriff Principal is £138,548 per annum.

The Judicial Appointments Board for Scotland was established by Ministers in 2002 and it became an independent advisory non-departmental public body on 1 June 2009. The Board has statutory responsibilities under the Judiciary and Courts (Scotland) Act 2008. The Board’s role is to recommend for appointment to the office of judge, sheriff principal, sheriff and part-time sheriff.  The First Minister retains the statutory responsibility for making nominations to Her Majesty the Queen. The First Minister is required by statute to consult the Lord President of the Court of Session before making his nomination to Her Majesty.

Scottish Government plans will introduce ‘victim tax’ on offenders in ‘better support for victims & witnesses’ consultation

THE Scottish Government has announced a consultation over plans to provide more help & support to victims of crime & witnesses. Among the plans being put forwards is the introduction of a ‘victim tax’ which offenders will be required to pay their victims. However, those hoping any possible ‘victim tax’ may apply to professions & businesses who rip off consumers may find the law falls flat on its face. Read the consultation HERE

Scottish Government Press Release :

Better support for victims and witnesses

22/05/2012

Providing more help and support for victims and witnesses whilst making offenders more accountable for their crimes is key to building a better criminal justice system, the Justice Secretary said today.

Ahead of the Bill to support victims and witnesses, the Scottish Government has published a consultation to hear views on what measures would have the most impact. 

During the eight week consultation, interested groups will be encouraged to give their views on the consultation proposals, which include:

Introducing a victim surcharge so that offenders pay towards the cost of supporting victims.

Requiring the courts to consider compensation in every case where a victim has suffered injury, loss or distress.

Creating an automatic right to special measures when giving evidence in court, such as testifying via live television links within courts, for victims in cases involving sexual offences and domestic abuse.

Improving the way cases are managed so that victims and witnesses can have far greater confidence that, where they are required to give evidence, the case will go ahead on the day as planned.

Creating a duty on relevant public agencies to set clear standards of service for victims and witnesses.

Commissioning a feasibility study into how we can provide much better information for victims and the public about specific cases.

Cabinet Secretary for Justice Kenny MacAskill today met victims with recent experience of the justice system at Victim Support Scotland. He said:  “The way we treat our victims and witnesses is a measure of the quality of our justice system as a whole which exists to build a safer and stronger Scotland. Clearly, people do not choose to become a victim or indeed a witness.  That is why a key focus of my work as Justice Secretary is to stop people becoming victims in the first place and we are making progress with crime at a 35-year low. Every victim is one too many and the impact of crime can live on long after the justice system has moved on to another case.  When people do become victims, they are entitled to receive high quality support, the right information at the right time and a chance to have their voices heard.”

Mr MacAskill continued : “I have published this consultation with the intention of placing victims and witnesses right at the very heart of the criminal justice system, not as passive spectators, but as informed, supported and valued people whose needs must be served. We are proposing a range of practical new measures such as a surcharge which will provide new funds to assist victims while making offenders pay for their crime as well as extending an automatic right to special measures to victims in sexual offences and domestic abuse cases. We are starting from a good position and in recent years have introduced victim statements in serious cases, extended the Victim Notification Scheme and despite a difficult financial settlement we have maintained overall funding for support services to victims and witnesses - I am determined that savings won’t mean cuts for this group that deserve the very best of support during difficult times. “As we move forward with meaningful reform of our criminal justice system, guided by the Carloway Review, and look to ensure it is fair towards the accused, I am equally determined that we transform and improve the experience of victims and witnesses in Scotland – building a better system for all to have confidence in.”

Jim Andrews, Deputy Chief Executive of Victim Support Scotland, welcomed the launch of the consultation, which was viewed by the charity as a major step forward in further improving rights for victims and witnesses of crime.  He added: “We welcome the opportunity to work with the Government and the Parliament in ensuring that among the finalised proposals are those which recognise the problems faced by the individuals and families who require our support. There are clearly a number of major issues which have to be addressed and Victim Support Scotland will play its part in helping to further modernise Scotland’s criminal justice system.”

This consultation outlines six objectives for victims and witnesses policy:

Victims and witnesses should know what is going on in cases which affect them.

Victims and witnesses should know what to expect in relation to proceedings, including that hearings will go ahead when scheduled.

Victims and witnesses should feel confident in coming forward and that their personal safety will be protected.

Victims and witnesses should be able to contribute effectively to cases which affect them.

Victims and witnesses should have access to appropriately tailored support before, during and after proceedings.

Offenders should pay for the injury, loss or distress they have caused.

Special measures are intended to enable vulnerable witnesses to provide the best possible evidence.  Currently only child witnesses (up to 16) have an automatic entitlement to standard special measures.  We propose to change the definition of a child to be a person up to age 18.  In keeping with other developments to improve support for victims of domestic abuse and sexual offences, we propose to create an automatic right to standard special measures for victims in cases involving sexual offences and domestic abuse.  Standard special measures are a live television link within the court building, a screen so that the witness does not see the accused; and a supporter along with either of these.

Monday, May 21, 2012

Appeal against conviction ‘must be pursued in interests of justice’ as man convicted of Lockerbie bombing, Abdelbaset Al-Megrahi dies in Tripoli

The Herald Truth Never Dies 29 08 09Abdelbasset al Megrahi, the man convicted of the bombing of Pan Am Flight 103 over Lockerbie Scotland in December 1988 in what became known as the Lockerbie Trial has died at his home in Tripoli after a long battle with prostate cancer. Mr Megrahi was released from detention in Scotland after a decision was taken by Scotland’s Justice Secretary Kenny MacAskill in 2009 to free him on compassionate grounds after medical reports confirmed Mr Megrahi’s cancer was at an advanced stage, giving him only three months to live.

Mr Al-Megrahi was tried at a special court set up under Scottish jurisdiction in the Netherlands in 2001, Camp Zeist, by a panel of Scottish judges without any jury. Many questions remain about the safety of the conviction of Mr Al Megrahi, given the sheer amount of evidence withheld by Scotland’s Lord Advocate & Crown Office, and admissions testimony from witnesses against Mr Megrahi were bribed paid for their appearances & testimony at the trial.

While there are those within the justice system & legal establishment who hope any chances of a potential appeal against the unsafe conviction will now disappear, many legal observers feel an appeal must be pursued in the interests of justice, given the impact the Lockerbie case has had on the credibility of the Scots justice system, raising significant questions as to whether Scots justice can ever be trusted again.

UPDATE 23 May 2012 :
Further coverage of reaction to the death of Mr Al Megrahi can be viewed at the following links and on Professor Robert Black’s Lockerbie Case website The Lockerbie Case

In a selection of articles, Scotland’s Herald Newspaper reports further reaction including calls for an inquiry into the case : Dalyell supports Megrahi inquiry demands, Lockerbie families vow to force public inquiry, One of the longest live investigations, Megrahi: The Herald dossier, The holes in the case: Six grounds for a potential miscarriage of justice, So many questions are still to be answered after Megrahi's death

BBC News reports :

Lockerbie bomber Abdelbaset al-Megrahi dies in Tripoli

Abdelbaset al-Megrahi, the only person convicted over the 1988 Lockerbie bombing above Scotland which killed 270 people, has died at his home in Libya.

Megrahi, 60, was convicted by a special court in the Netherlands in 2001.

He was freed from Scottish jail in 2009 on compassionate grounds because of cancer, stirring controversy when he outlived doctors' expectations.

UK Prime Minister David Cameron said it was a day to remember the 270 victims of "an appalling terrorist act".

Mr Cameron, who is in Chicago for a Nato summit, said Megrahi should never have been freed,

Scottish First Minister Alex Salmond also said Megrahi's death was an occasion to remember the victims of Lockerbie.

He said Lockerbie was still a live investigation and that Scottish prosecutors had never believed Megrahi was the only person responsible.
Relatives' anger

Megrahi's release sparked the fury of many of the relatives of the victims of the Lockerbie disaster. The US - whose citizens accounted for 189 of the dead - also criticised the move.

But others believed he was not guilty of the bombing.

Dr Jim Swire, whose daughter Flora died at Lockerbie, called Megrahi's death a "very sad event".

"Right up to the end he was determined, for his family's sake... [that] the verdict against him should be overturned," said Dr Swire, who is a member of the Justice for Megrahi group.

Died at home

His brother Abdulhakim said on Sunday that Megrahi's health had deteriorated quickly and he died at home in Tripoli.

He told the AFP news agency that Megrahi died at 13:00 local time (11:00 GMT).

Megrahi's sister told the Libyan Wal news agency that his funeral would take place at Tripoli's main cemetery on Monday, following early afternoon prayers.

The BBC's Rana Jawad says Libyans have mixed views on Megrahi's guilt

Megrahi, a Libyan intelligence officer, always denied any responsibility for the bombing of Pan Am Flight 103 in December 1988.

It remains the deadliest terrorist incident ever to have taken place on British soil.

All 259 people aboard the plane, which was travelling from London to New York, were killed, along with 11 others on the ground.

Investigators tracing the origins of scraps of clothes wrapped around the bomb followed a trail to a shop in Malta which led them, eventually, to Megrahi.

He and another Libyan, Al Amin Khalifa Fhimah, were indicted by the Scottish and US courts in November 1991.

But Libya refused to extradite them. In 1999, after protracted negotiations, Libya handed the two men over for trial, under Scottish law but on neutral ground, the former US airbase at Camp Zeist in the Netherlands.

Cameron: "Today is a day to remember the 270 people who lost their lives in an appalling terrorist act"

Their trial began in May 2000. Fhimah was acquitted of all charges, but Megrahi was found guilty and sentenced to a minimum of 27 years in prison.

He served the first part of his sentence at the maximum-security prison at Barlinnie, in Glasgow, but was transferred in 2005 to Greenock prison.

He lost his first appeal against conviction in 2002 but in 2007, his case was referred back to senior Scottish judges. He dropped that second case two days before he was released.
No extradition

Last August, after the fall of Libyan leader Col Muammar Gaddafi, Megrahi was reported to be "in and out of a coma" at his home in Tripoli.

There have been calls for him to be returned to jail in the UK or tried in the US.

But shortly after they toppled Col Gaddafi, Libyan rebel leaders said they would not extradite Megrahi or any other Libyan.

The BBC's Scotland correspondent James Cook says Scottish and American officials have been to Tripoli, trying to persuade the new Libyan government to grant visas to detectives from Dumfriesshire.

They are still searching for the answers to the questions of who ordered the bombing and who else was involved, our correspondent says, but it is not clear whether the Libyans will co-operate.

However, a spokesman for the interim government in Tripoli, the National Transitional Council (NTC), told Reuters that that Megrahi's death would not end its investigations into Lockerbie.

"The Libyan government will continue to investigate the crimes committed by the Gaddafi regime using other witnesses," NTC spokesman Mohamed al-Harizy was quoted as saying.

Last September, it emerged that former UK Prime Minister Tony Blair had raised Megrahi's case in talks with Gaddafi in 2008 and 2009 in Libya, shortly before Megrahi was freed.

At the time, Libya was threatening to sever commercial links with Britain if Megrahi was not released.

But Mr Blair's spokesman told Col Gaddafi it was a case for the Scottish authorities and no business deals were discussed.

In his last interview, filmed in December 2011, Megrahi said: "I am an innocent man. I am about to die and I ask now to be left in peace with my family."

He had previously claimed he would release new information about the atrocity but little new has emerged.

Megrahi had rarely been seen since his return to Tripoli, but he was spotted on Libyan television at what appeared to be a pro-government rally in July 2011.

Friday, May 18, 2012

Huge rise in sectarian offences blamed on 'increased awareness' as Lord Advocate & Crown Office welcome publication of Scotland's hate crime data

CRIMES motivated by religious prejudice, otherwise known as ‘sectarian’ crimes – a subject which saw bitter protest & debate at the Scottish Parliament lasts year amid attempts by the Scottish Government to use widely unpopular legislative means to deal with the underlying religious bigotry in Scots society have shown a large recorded rise of 29% on last year, according to data released by the Crown Office this week.

However, the figures released by the Crown Office do not include offences covered by the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 which came into force on 1 March 2012. Provisional figures show that 42 charges were reported to the procurator fiscal under this act in March 2012. In all but two the initial decision made was that court proceedings were to be commenced.

A Press Release issued by the Crown Office on Thursday, blamed the large recorded increase of religious prejudice crimes as “likely to be partly due to increased awareness, reporting and recording of these crimes, following several incidents which received significant media attention during 2011-12.”

However there are those who doubt the figures and the sincerity of the Lord Advocate & his staff to keep pace with a class of particular crime that appears to have gone under-reported and under-recorded by Scotland’s prosecuting & Police services due to an unwillingness to tackle Scotland’s secret, deep rooted sectarian problem.

Commenting on the figures of sectarian crime, Lord Advocate Frank Mulholland said: “The Crown Office and Procurator Fiscal Service is absolutely determined to play its part in confronting the problems of offending motivated by religious prejudice. Such behaviour is completely unacceptable in modern Scotland.”

While critics have given some praise to the Lord Advocate for addressing the issue of sectarian offences, some have pointed out that it is now an established fact the same Crown Office which Mr Mulholland now leads as Lord Advocate ordered the destruction of historical statistics on sectarian crime in Scotland, to avoid any debate & questioning of the data during the Scottish Parliament’s Justice Committee’s investigation of the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill

Scottish Law Reporter covered the destruction of the sectarian data by the Crown Office, here : SECTARIAN SCOTLAND COVER-UP : Crown Office admits it destroyed sectarian offences data ‘showing majority of crimes were against Catholics’. The data on sectarian offences was apparently destroyed after Professor Tom Devine had urged msps at the Scottish Parliament to request sight of the material for further study.

The Crown Office report on Hate Crime Statistics can be viewed online here : Hate Crime in Scotland - May 2012 and the report on religious aggravated offending in Scotland 2010-2011 can be viewed online HERE

The Press Release from the Crown Office on Hate Crime statistics :

Lord Advocate Frank MulhollandLORD ADVOCATE WELCOMES PUBLICATION OF FIGURES ON HATE CRIMES

COPFS has today published “Hate Crime in Scotland, 2011-2012”.

This brings together figures for crimes motivated by prejudice based on: Race; Religion; Disability; Sexual Orientation and Transgender Identity.

Speaking on the publication of the statistics, the Lord Advocate, Frank Mulholland QC, said: “In the last twelve months there have been a significant number of crimes brought to court arising from an underlying motive of prejudice and it is encouraging to see that many more of those subjected to such offences now have the confidence to report them. We would urge the public to report all hate crimes to the police. They can have confidence that all such crimes will be investigated carefully and prosecuted robustly. We have a zero-tolerance approach for any such offences and will not tolerate bigotry and prejudice which can have no place in modern Scotland. Although not included in these statistics, we have already seen 42 charges reported to COPFS in relation to offences in contravention on the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 since it came into force on 1 March. To date, in all but two the initial decision made was that court proceedings were to be commenced.”

Race
The main findings are: The figures for crimes motivated by racial prejudice show a rise of 8% on last year. This is the highest number reported in the last 6 years. In total, where there was sufficient evidence, action was taken in 95% of charges with a further 2% awaiting a decision on how to proceed.

The Lord Advocate said: “Prejudice and hatred which finds expression in criminal behaviour has no place in Scotland. As prosecutors we take a tough stance on crimes motivated by racial prejudice because we see the upset it brings to individuals and the corrosive effect it has on communities.”

Chris Oswald, Head of Policy & Communications at the Equality & Human Rights Commission, said: "Crimes motivated by prejudice have a devastating effect both on the immediate victims and the wider community: they taint our values of a civilised, tolerant society. These figures highlight a six-year high in crimes motivated by racial prejudice. It is clear that there is still a way to go to ensure that no-one becomes a victim simply because of who they are perceived to be. “However, the figures also suggest that more people are coming forward to report targeted crimes. It is encouraging that there appears to be increased confidence that criminal justice agencies will deal appropriately and robustly with hate crime. The figures also highlight the need for robust data gathering and sharing, so that the criminal justice sector can continue to develop a clear picture of who is committing these crimes and why.”

Religion
The main findings are: The figures for crimes motivated by religious prejudice show a rise of 29% on last year, and the highest number of charges since the legislation came into force. In total, where there was sufficient evidence, action was taken in 97% of charges with a further 3% awaiting a decision on how to proceed. This large increase is likely to be partly due to increased awareness, reporting and recording of these crimes, following several incidents which received significant media attention during 2011-12.

The Lord Advocate said: “The Crown Office and Procurator Fiscal Service is absolutely determined to play its part in confronting the problems of offending motivated by religious prejudice. Such behaviour is completely unacceptable in modern Scotland.”

Superintendent David Brand from the Football Coordination Unit for Scotland (FoCUS) said : “I believe we have made real inroads into ridding football of offensive behaviour with signs that fans themselves are changing their behaviour for the better. Having been closely involved with the game and supporters for some time now, I certainly feel like we’ve made a big leap forward.”

Disability
The main findings are: In total, where there was sufficient evidence, action was taken in 81% of charges with a further 12% awaiting a decision on how to proceed. The figures for charges received relating to disability show a rise of 20 since last year the first full year of implementation. The most common reason for taking no action for hate crimes motivated by prejudice of disability was the lack of sufficient admissible evidence for the substantial charge.

The Lord Advocate said: “Crimes motivated by prejudice against disability are particularly challenging due to the nature of the offence and while there has been an increase in the number of offences reported, there is still work to be done to provide victims with the confidence to report such offences. I can reassure any victim of such an offence that it will be thoroughly investigated and prosecuted robustly.”

Richard Hamer, Director of External Affairs at Capability Scotland said: "Todays figures are disappointing from a position of the actual number of prosecutions, particularly given the significant numbers of charges relating to race, sexual orientation and religion.They are also concerning in the light of the Scottish Commissioner for Children and Young People's recent report which identified bullying and harassment of disabled children as being a routine part of their lives. However, we welcome the rise in cases reported and look forward to action being taken to address the clear issue relating to the gathering of admissible evidence."

Sexual Orientation and Transgender Identity
Sexual Orientation
The main findings are: The figures for reports received relating to sexual orientation show a rise of 46% on last year, the first full year of implementation. In total, where there was sufficient evidence, action was taken in 95% of charges with a further 3% awaiting a decision on how to proceed.

Transgender Identity
In total, where there was sufficient evidence, action was taken in 81% (13 out of 16) of charges with a further 19% (3 charges) awaiting a decision on how to proceed. The figures for reports received relating to transgender identity show a rise of 2 charges on last year, the first full year of implementation.

The Lord Advocate said: “Every individual, regardless of their sexual orientation or transgender identity, has the right to live free from violence, and without fear of humiliation, harassment or abuse, based on prejudice.”

Tim Hopkins of the Equality Network said: “The big rise in prosecutions for homophobic hate crime is not surprising – the law is new and more people are now reporting crimes to the police. But surveys indicate that around 50,000 people in Scotland have faced homophobic or transphobic hate crime, and a lot of it is unreported. It’s really important that people report hate crimes, direct to the police or via third parties such as LGBT organisations, so that action can be taken to reduce the problem.”

Thursday, May 17, 2012

Chief Executive of £262M in-debt Scottish Borders Council ‘absent for months’ as calls grow for inquiry into payoff for ex-Council boss David Hume

Tracey Logan, the absent ‘current’ Chief Executive Scottish Borders Council INFORMATION published under Freedom of Information laws has revealed the heavily indebted Scottish Borders Council (SBC), which has recently seen control of the council pass from a Toy-Libdem coalition to that of SNP-Libdem & independent, has been operating FOR MONTHS without a full time Chief Executive after the Council was forced to admit it’s ‘current’ Chief Executive, Tracey Logan, who took on the position after the controversial ‘retirement’ of former Chief Executive David Hume, has been ‘signed off work since February 14th 2012 in an ‘ongoing’ situation.

The absence of a full time Chief Executive at Scottish Borders Council comes at a critical time for the embattled south of Scotland local authority which has been heavily criticised for multiple scandals including millions of pounds lost in bankrupt Icelandic Banks and alarmingly poor control over how it spends taxpayers cash.

A statement released from Scottish Borders Council in response to a Freedom of Information request said : “I can advise that Tracey Logan was signed off on 14/02/12 and is ongoing. I cannot provide you with the reason why she has been signed off as this is personal information. The Council therefore relies on the exemption under Section 38(1)(b) of FOISA. The person who is Acting Chief Executive is Glenn Rodger. The Acting Chief Executive would receive an acting allowance if the situation continues for more than four weeks and would receive this until the return of Tracey Logan, Chief Executive.”

The campaigner who made the FOI request and has today distributed SBC’s response to media outlets, has pointed out Ms Logan’s absence from the top post at SBC began coincidentally only a matter of days before headlines broke in local Borders newspapers of a scandal surrounding the departure late last summer of Scottish Borders Council’s former Chief Executive, David Hume, a subject which has also been reported by Scottish Law Reporter HERE and more recently HERE.

An announcement made by the leader of Scottish Borders Council, David Parker, last August, claimed Mr Hume had “retired” from his post as Chief Executive, ironically just a few days after a scandal of huge credit card expenses claims made by Mr Hume was reported in national newspapers and featured by Scottish Law Reporter, HERE. However, documents obtained from Audit Scotland who looked at the Council’s finances told a different story of the departure of the SBC Chief Executive, referring to a “voluntary redundancy” application made by Mr Hume.

Meanwhile, a member of the public who continues to investigate the deeply suspicious circumstances of Mr Hume’s departure told journalists he believes “Mr Hume was pushed out of the top job and forced to take voluntary redundancy”.

The member of the public has also revealed he has evidence there were protracted negotiations between lawyers acting for Mr Hume and Scottish Borders Council over the terms & amount of Mr Hume’s so far secret publicly funded payoff.

It has also emerged there may be more than one angle to the scandal of Mr Hume’s departure after it was revealed by insiders that Council officials have refused to answer questions put by a member of the public who asked “..If Scottish Borders Council are or have been made aware by either David Hume or Tracey Logan of any business or personal relationships or conflicts of interest between either party occurring prior to Tracey Logan's appointment as Chief Executive and during the time Mr Hume was Chief Executive..”

The member of the public who asked the question relating to “relationships” between the former & current Chief Executives has indicated he is discussing the matter with journalists.

He said : “If anyone is off sick these days and tries to claim benefits they are put through torturous checks to make sure they are not playing the system. I therefore believe these same rules must apply to public employees especially those who hold critical positions in Councils which are known to treat their citizens & taxpayers very poorly. We clearly have a right to know if the current Chief Executive is coming back at this critical time for the Scottish Borders.”

Today, a Council insider confirmed the ongoing absence of SBC’s ‘current’ Chief Executive Ms Logan. He also indicated there was “considerable fear within certain quarters the truth about Mr Hume’s departure and events connected to it may eventually become public.”

Asked if Ms Logan was expected to return to her post as Chief Executive, the insider said he had no information either way.

£262 MILLION POUND DEBT MOUNTAIN AT SCOTTISH BORDERS COUNCIL :

While the Council fights to maintain the secrecy over Mr Hume’s departure and a rumoured significant financial payoff, Scotland’s Finance Secretary John Swinney heaped more pressure on SBC by revealing to Holyrood the true extent of Scottish Borders Council’s debt situation, now standing at a staggering TWO HUNDRED AND SIXTY TWO MILLION POUNDS,

Figures revealed by Mr Swinney in a written answer to Tory MSP, Margaret Scanlon revealed the debt situation at Scottish Borders Council had nearly DOUBLED in the past five years of Conservative-LibDem control, from a figure of £166,489 million in 2007 to a whopping £262,551m as of last year.

Mr Swinney also revealed Scottish Borders Council are forking out over TWELVE MILLION POUNDS A YEAR for interest on debts such as assets acquired under Private Finance Initiatives (PFI) or similar arrangements, a figure which has leapt from £9,090 million in 2007 to £12,273 million as of 2011.

Local campaigners in the Scottish Borders have criticised the scale of the problems at Scottish Borders Council and the apparent lack of any leadership or desire by the former Tory-Libdem coalition to stop the ever rising mountain of debt at Scottish Borders Council, which now equates to a sum of £2,403 & rising for every person living in the Scottish Borders as of this date.

Monday, May 14, 2012

RIGGING THE BALLOT : Law Society of Scotland hints it wants key role to set questions & voting papers for Scottish Independence Referendum

Would you trust the Law Society of Scotland to set questions on Scottish independence ? THE Law Society of Scotland has given the strongest hint yet, contained in the Society’s response to the Scottish Government’s consultation on the independence referendum that it wants to set the tone of the SNP’s independence referendum by putting itself forward as an “independent body” to rig determine the exact wording of the questions & format of the ballot paper. The Law Society is thought to want its hands on the role after it participated heavily in the Calman Commission on Scottish Devolution, having  attended  oral evidence  sessions  in October  2008  and  February  2009  and  provided  the  Calman  Commission  with  written evidence on five separate occasions from July 2008 to May 2009.

A legal insider speaking to Scottish Law Reporter today said “As bad ideas go, this is one of the worst I’ve heard in awhile. The Law Society are not a very democratic organisation, either to its own members or with regard to the public interest. It is therefore not appropriate the Society be allowed to dictate terms of the independence referendum.”

While no one from the Scottish Government or Law Society would officially confirm the Law Society wanted the key role in the independence referendum, it is believed the Society has sought guidance on taking the place of the Electoral Commission in the referendum in a trade off with Westminster, given concerns expressed by some politicians of the Electoral Commission’s alleged bias for the union as an English based organisation.

The full response from the Law Society of Scotland to the Scottish Government's consultation on independence can be read online here Law Society of Scotland : Our terms for an independence referendum

The Law Society stated in it’s usual gun to the head style of wording that while it will not express a view on political issues, and therefore does not make proposals regarding the actual question to be put, or the design of the ballot paper, it actively engages and seeks to assist in the legislative and public policy decision making processes in furtherance of its responsibility to work in the public interest.

The Law Society omitted to publish any view on whether there should be a second question on the ballot paper, on the alternative of enhanced devolved powers, or "devo max", but says that if there is a second question, it should be clear, and its relationship with the first question, and the legal and political implications of positive or negative votes to each, should be clear and should be explained to voters in advance.

The Law Society also believes it is important that arrangements for a referendum are subject to scrutiny and oversight by an independent body, though whether that should be the Electoral Commission or another scrutiny body (hinting the Law Society itself could do it) is a matter of political judgment.

The Law Society supports initiatives to increase voter turnout, such as possibly holding the poll on a Saturday, and other measures provided there are safeguards against voter fraud or administrative error. And it believes the proposed spending limits are appropriate, "against a background of the need to ensure that referendum campaigns are run in a fair and transparent manner".

Within the Society’s submission, a concern has been expressed that the Government's draft bill precludes the court from entertaining any proceedings for questioning the number of ballot papers counted or votes cast, in that certification by a counting officer is not to be subject to judicial review, a blanket exclusion found in the Scottish and Welsh referendum Act of 1997 but not in more recent legislation.

Justice Monopoly for lawyers : Law Society propose embedding its profitable hold on mediation & dispute resolution in Scots Civil justice system

In an effort to stymie consumers from choosing alternative systems of dispute resolution which do not involve profits being channelled to solicitors & law firms, the Law Society of Scotland is to propose that it’s own carefully cultivated stranglehold on alternative dispute resolution, which is also known in Scotland as ‘mediation’ must be embedded in Scotland’s Civil justice system, to ensure the Society maintains its profitable grasp over consumers legal troubles and disputes.

Coincidentally, as many users of alternative systems of dispute resolution in Scotland have begun to notice, most of the staff, or mediators at these organisations appear to be either members of the Law Society of Scotland or are in business with law firms & individual solicitors, leaving consumers with little choice other than to use expensive services linked directly or indirectly to Scotland’s monopolistic legal profession.

The Law Society’s terms for ensuring anyone with a dispute must pass through it’s profitable gates will be heard at a conference in Edinburgh on Wednesday 16 May. The gathering, and the Society’s efforts to dominate dispute resolution of all & any form is, strangely backed by the Scottish Government and tens of thousands of pounds of taxpayer cash pumped into various mediation projects such as the Scottish Arbitration Centre.

Embedding ADR in Scotland's Civil Justice System

A highly significant and far reaching conference on alternative dispute resolution is to be held in Edinburgh on Wednesday, 16 May, in Edinburgh.

Roseanna Cunningham, Minister for Community Safety and Community Affairs, is to open the event and international mediation expert John Lande, the Isidor Loeb Professor and former director of the LLM Program in Dispute Resolution at the University of Missouri School of Law, will share his international and practical experience of mediation.

The conference, organised by the Law Society of Scotland and Scottish Mediation Network, in collaboration with the Scottish Government, will allow speakers and delegates to explore the practicalities of embedding Alternative Dispute Resolution in the justice system within the context of the Scottish Government's plans to implement Lord Gill's Report on the Scottish Civil Courts Review and the Making Justice Work programme.

Speakers from the legal profession, the judiciary, and from business who have direct experience of mediation in action in a variety of contexts will provide a series of short, thought provoking presentations. After each presentation, delegates will have an opportunity to participate in a round table discussion, followed by a plenary debate on the issues raised.

David Preston, chair of the event and Law Society Council member, said: "In light of the Making Justice Work programme and the recent EU report from the DG (Internal Policies) on the "Quantification of the Cost of Not Using Mediation", it is essential that we consider how best ADR can be integrated into our justice system and what should be done to ensure that people can access the assistance they need to do this.

"We are aiming to provide a forum for an in depth and informed discussion of ADR. We will also consider how the most effective models can be embedded within the justice system to ensure that fair resolutions can be reached for those parties using ADR, where it can reduce costs and time spent in court, and as a result, boost public confidence in the justice system overall."

Sunday, May 13, 2012

Borders Tory MSP attacks SNP-Libdem deal to run scandal tainted Scottish Borders Council, claims nationalists ‘will use platform to tear up UK’

sbclogoSNP led coalition to run the Scottish Borders is attacked by local Tory MSP. WHILE many Borderers and those further afield WELCOME the formation of a new administration at Scottish Borders Council which will now be run via a coalition between the Scottish National Party (SNP), the Scottish Liberal Democrats & Independent Councillors, John Lamont, the Scottish Conservative MSP for Roxburgh & Berwickshire has attacked the coalition deal, alleging the new SNP dominated administration will use their position in the Borders as “a mouthpiece for separation from the UK”. Mr Lamont also blasted the LibDems, Independents & the now dissolved “Borders Party” for “propping up the SNP.”

John Lamont MSP (Scottish Conservative, Roxburgh & Berwickshire) Responding to the announcement of the new administration at Scottish Borders Council, local MSP for the area, John Lamont said in a Press Release issued yesterday : “I’d like to firstly pay tribute to the work achieved by the previous Scottish Conservative led Council administration. Under our councillors’ steady hand we saw finances kept in check, three new high schools built and a fivefold increase in recycling rates. There can be no doubting that this new administration has big shoes to fill.

However, Mr Lamont quickly moved to attack the deal giving power to the SNP, and accused the Conservatives former LibDem coalition partners for giving the Nationalists a platform to break up the union.

Mr Lamont continued : “It is important that they do not undo the great work done by their predecessors, and that they do not use the Council as a mouthpiece for separation from the UK. By falling in behind the SNP, the Lib Dems, Independents and Borders Party have given the Nationalists a platform to promote their agenda to tear the United Kingdom apart.

“The people of the Borders will not accept this, and I am sure a lot of those who voted for the Lib Dems and the Borders Party will be dismayed by the shoddy deal they have struck with the SNP. I know that many supporters of the Borders Party find it incredible that their councillors have disbanded themselves, joined the Independent Group under a new leader and then jumped into bed with the SNP, all within one week!

“The SNP’s sole political aim is to separate us from the rest of the UK. It would be naïve to think that the SNP will not now use the Council as a way to promote their plans to break up Britain.”

John Lamont MSP added: “The upcoming referendum is the biggest decision Scotland has had to make in 300 years. I am determined to keep Scotland in the UK, and like many voters, I will be keeping a close eye on this SNP led administration to make sure that they do not use the Scottish Borders Council to promote their separatist agenda.”

No reaction to Mr Lamont’s accusations has been issued by any of the other parties in the new coalition at Scottish Borders Council, however an openness campaigner in the Borders welcomed the change at Scottish Borders Council, voicing hope the new nationalist led administration would “clean up the endemic corruption at Scottish Borders Council and make sure citizens of the Borders were treated with a bit more respect from Council staff & officials who appear to pursue personal vendettas against members of the public.”

Commenting on the change of administration, an insider agreed it was time for change at SBC and said he hoped there would now be investigations launched by the new administration into the Council’s poor handling of its finances, which include millions of pounds of losses in now bankrupt Icelandic Banks.

He also called for a full inquiry and investigation into recent claims in local newspapers that the current leader of the Council, David Parker, authorised Press Releases containing false information regarding the controversial departure of SBC Chief Executive David Hume and speculation over how much of a taxpayer funded payoff Mr Hume received. The murky incident of Mr Hume’s departure was reported HERE and more recently HERE

SCOTTISH BORDERS COUNCIL : THE TORY LIBDEM YEARS LAID BARE

Since 2002, a multitude of scandals have hit Scottish Borders Council, from poor financial management to massive multi million pound losses in bankrupt Icelandic Banks, allegations of bullying, massive debts reported to be in the hundreds of millions of pounds, individuals councillors charged with criminal offences while other councillors pursued personal vendettas against members of the public, and more recently, scandals involving the sacking of it’s very own Chief Executive, David Hume, all of which can be found HERE

Scottish Borders Council hit the headlines with revelations of huge salaries, expenses & more, here : Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions & MONEY TO BURN : Millions lost in Icelandic banks yet 34 Scottish Borders Councillors soak up another million in salaries & expenses claims

More on the Icelandic Bank-SBC scandal can be read here : “Akin to Money Laundering” : Tory-LibDem Scottish Borders Council ‘played Russian Roulette’ with taxpayers £172 million in bankrupt Icelandic Banks

Scottish Law Reporter also reported on the calls for a full investigation of Scottish Borders Council during November 2010 where it was revealed by the former Scotsman journalist Mr Chisholm who carried out his own investigation of SBC’s Icelandic finance deals, that Audit Scotland had been asked to investigate claims Scottish Borders Council acted negligently & recklessly in investing a staggering £10 million pounds of taxpayers money in the now collapsed Icelandic banks. The Council, which is now cutting posts & public services across the Borders is expected to lose more than £3 million pounds on its investment and that the final payment (if indeed any payments are made) of its expected return is not due until October, 2018.

Saturday, May 12, 2012

SNP oust Tories at banking-losses-to-bullying, fraud-&-sex-abuse scandal tainted Scottish Borders Council

sbclogoSNP coup at Scottish Borders Council ends years of Tory dominance over the Borders. MAJOR CHALLENGES lie ahead for the new administration of Scottish Borders Council, announced today with the surprise twist of the Scottish National Party (SNP) finally ousting the majority group of Conservative Councillors who have run Scottish Borders Council for almost an eternity along with the Liberal Democrats & independents.

While many of the portfolios will change to reflect the incoming SNP Councillors, David Parker, who has led the Council for the past nine years will remain as its leader. Mr Parker, currently an ‘independent’ councillor was once part of the SNP group before jumping ship in 2003 to grab control of the independent/Libdem/Tory run Council as it’s leader, replacing LibDem John Scott who replaced the ousted Drew Tulley.

Parker was once reported to have been considering stepping down from local politics in a BBC report dated 2006 Leader considers leaving his post in which he was quoted as saying : "Being leader of this council is a terrific job and one I love dearly. But sometimes, as those who want nothing to change in the Borders must realise, you are not always master of your own destiny."

Mr Parker gave up the SNP whip to become an Independent when he was appointed deputy leader of SBC in 2002 in a coalition with the Lib Dems (and you can imagine the kind of criticism that came from the SNP’s local msp, Christine Grahame when he did that ! – Ed).

Since 2002, a multitude of scandals have hit Scottish Borders Council, from poor financial management to massive multi million pound losses in bankrupt Icelandic Banks, allegations of bullying, massive debts reported to be in the hundreds of millions of pounds, individuals councillors charged with criminal offences while other councillors pursued personal vendettas against members of the public, and more recently, scandals involving the sacking of it’s very own Chief Executive, David Hume, all of which can be found HERE

Scottish Borders Council hit the headlines with revelations of huge salaries, expenses & more, here : Reasons your Scottish Borders Council tax is so high : 15 Councillors soak up £1/2 million, Officials & Chief Exec on £100K plus & golden pensions & MONEY TO BURN : Millions lost in Icelandic banks yet 34 Scottish Borders Councillors soak up another million in salaries & expenses claims

More on the Icelandic Bank-SBC scandal can be read here : “Akin to Money Laundering” : Tory-LibDem Scottish Borders Council ‘played Russian Roulette’ with taxpayers £172 million in bankrupt Icelandic Banks

Scottish Law Reporter also reported on the calls for a full investigation of Scottish Borders Council during November 2010 where it was revealed by the former Scotsman journalist Mr Chisholm who carried out his own investigation of SBC’s Icelandic finance deals, that Audit Scotland had been asked to investigate claims Scottish Borders Council acted negligently & recklessly in investing a staggering £10 million pounds of taxpayers money in the now collapsed Icelandic banks. The Council, which is now cutting posts & public services across the Borders is expected to lose more than £3 million pounds on its investment and that the final payment (if indeed any payments are made) of its expected return is not due until October, 2018.

Scottish Borders Council issued the following Press Release :

New Administration announced

Scottish Borders Council will be run by an Independent, Scottish National Party (SNP) and Liberal Democrat Administration following the recent election.

Councillor David Parker, Independent, who has led the council for the past nine years, will be the choice of the new Administration for Council Leader and Councillor Graham Garvie, Liberal Democrat, will be the Council's new Convener.

Councillor John Mitchell of the SNP group will be Deputy Council Leader with responsibility for Finance.

The announcement of the new Administration was confirmed today and the Administration will publish a programme of government for the Scottish Borders next week.

Speaking on behalf of the Independent members, Michael Cook said: "We are pleased once again to be part of the Administration of Scottish Borders Council and it is a mark of our success that David Parker is to lead the Council for an historic third term. I am also pleased that Nicholas Watson and Sandy Aitchison have agreed to become Independents and that nine Independents will now contribute to the work of the new Administration."

Speaking on behalf of the Scottish National Party Group, Group Leader John Mitchell said: "We are pleased to be part of the new Administration that will run Scottish Borders Council for the next five years. The SNP Group is committed to working hard with our Administration partners for the good of the Scottish Borders. We look forward to the implementation of SNP policies including widening the democratic accountability of Scottish Borders Council."

Speaking for the Liberal Democrats, Deputy Group Leader Catriona Bhatia said: "Liberal Democrats made a significant contribution to the last council and will do so again as part of the new Administration. What is important to us is ensuring that our policy programme is at the heart of the new Administration's thinking."

Councillor Sandy Aitchison, speaking about the Borders Railway said: "Nicholas and I remain sceptical about the railway but recognise that the project is being delivered by the Scottish Government and is beyond the influence of the council. We want to play an important part in the governance of the Scottish Borders over the next five years and will be pleased to work as part of the Independent group within the new Administration. Indeed, we are delighted that the Administration has agreed a review of the Borders involvement in the city region."

The new Council Administration will take office on Thursday 17 May with the appointment of the Convener, Vice Convener, Leader and Deputy Leader. Further appointments will be made at a Council meeting on Thursday 24 May.