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CAMPAIGNING FOR SCOTLAND
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[
Issue 373 - 27th July 2007] |
Compiled by Donald Bain |
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Justice Defiled
Mahatma
Gandhi famously replied to the question “What do you think of Western
civilisation?” with “I think it would be a good idea”. I suspect he would
have said something similar about “British justice” although he could not
have foreseen the depths to which it has sunk in recent years.
 Of
course “British justice” is technically non-existent, given the separate
legal systems in Scotland and England. The concept is nevertheless dear to
those who wish to identify “British values” as an antidote to the
increasingly self-confident national identities of the Scots and Welsh.
On the face
of it the Scottish and English justice systems present a rather strong case
for the existence of distinctly “British” values, embodying as they do such
principles as independence of the judiciary, trial by jury and equality of
rights for all subjects/citizens regardless of class, creed or financial
circumstances. Although by no means unparalleled, especially in the
English-speaking world, such vaunted virtues do have some claim to having
been nurtured in these islands.
Recent
events, however, have all but destroyed the credibility of both the Scottish
and English legal systems, exposing as myths the principles that are
supposed to lie at their heart. Naturally most of the media attention has
focussed on the disgraceful decision to pull the plug on the “cash for
honours” criminal investigation, thus creating an even bigger scandal than
the original scandal.
 More
on this later: first let us consider the less-publicised but equally serious
crisis in the Scottish legal system.
On Monday,
hidden away between the obituaries and sports pages in the Scotsman’s Law
and Legal Affairs section, there appeared an article entitled “The fairy
story of the Crown’s independence”. Written by the distinguished legal
expert Robert Black, Emeritus Professor of Scots Law at the University of
Edinburgh, the article presents a devastating critique of the role of the
Scots judiciary in the much-contested conviction of Abdelbaset Ali Mohmed
al-Megrahi for the Lockerbie bombing and expands this into a wider analysis
of fundamental flaws in the entire structure of the Scottish criminal
justice system.
The deeply worrying arguments in
this article deserve a much greater audience than the necessarily narrow and
frequently self-interested readership to whom it is addressed. The Scotsman
is (for once) to be congratulated on making the article openly available on
the web (http://news.scotsman.com/scotland.cfm?id=1144342007)
despite its increasing resort to making comment items (even obituaries!)
subscription-only. Read and forward to friends.
The final
paragraphs of Professor Black’s argument are a call for action which anyone
concerned for the future of Scottish democracy can ill afford to ignore:
It is surely time for all involved in the Scottish criminal justice
system to put away childish things. We are all of us, judges included,
surely too old to believe any longer in fairytales. Fairytales can be
convenient and comforting and can bolster our self esteem. But, as in
the case of the belief that the Crown can uniformly be relied upon
always to act selflessly in the public interest, they can be dangerous
and, if acted upon, work terrible injustice.
It is submitted that the Lockerbie case demonstrates just how necessary
it is, if public confidence is to be maintained, for the Scottish
Executive to institute a high-powered independent investigation into all
three aspects - investigation, prosecution and adjudication - of the
Scottish criminal justice system, as has already been called for by,
among others, Dr Jim Swire, Tam Dalyell and Professor Hans Koechler, the
UN observer at the Lockerbie trial.
 Meanwhile,
back in England, the “cash for honours” story has, understandably, been
sidelined by the huge human interest story of the Great Flood. Needless to
say people are not too concerned with seemingly arcane legal arguments when
their houses are awash with sewage-contaminated flood water, their supplies
of clean tap water suspended and the electricity cut off.
The issue will return, however, once normal life resumes. The idea that the
matter is somehow resolved will prove to be wishful thinking on the part of
those most closely involved in the scandal. Already there are plans for
mounting a civil prosecution, with subscribers willing to finance such
action coming forward in more than sufficient numbers within 24 hours of an
appeal for funds being launched.
Like a snowball growing larger as it rolls down the hill the whole affair
grows more serious the more attempts are made to close it down. What started
as an attempt to hide the loans which financed Labour’s 2005 General
Election campaign was found to involve the sale of seats in the Upper House
of Parliament. Attempts to conceal who was involved in this trade led to
arrests on suspicion of conspiracy to pervert the course of justice.
Desperation to avoid a trial has now apparently led to subversion of the
Constitution.
 The
transparently political decision to avoid bringing the suspects to trial, in
parallel with the previous decision to cancel the Serious Fraud Office’s
investigations into massive fraud and bribery in relation to Saudi arms
contracts, has made the United Kingdom a laughing stock internationally,
more on a par with former Soviet republics in Central Asia than with
Northern European democracies.
The role of the Crown Prosecution Service (CPS) now seems to be that of
giving the rich and powerful immunity against prosecution. To quote John
McTernan, Blair’s director of political operations (whatever that means),
when asked how concerned he had been about the police investigation, “I
don’t think any of us were worried about this, because we knew from the
outset we had done nothing wrong...and at the end of the day we knew the
Crown Prosecution Service would vindicate us”. Quite.
Except that the CPS did no such thing. No-one was vindicated or cleared as
Labour spin-doctors claim. All the CPS said was that they considered there
was insufficient proof to obtain convictions. Most people (including the
police) were amazed by this claim, which was justified by the device of
increasing the so-called “burden of proof” to exclude most evidence as
circumstantial. On this definition very few people would ever be sent to
jail.
 The
only way to have resolved the matter was a proper trial before a jury. If
McTernan, Levy, Evans and Blair are, contrary to all appearances, innocent
of any involvement in the cash for peerages scandal they should welcome the
opportunity to have their names cleared by a jury who are privy to all the
evidence and able to judge how the defendants face up to forensic
questioning by prosecutors. Otherwise the suspects will remain forever in
limbo, the assumption of criminality and sleaze their constant companion.
Meanwhile Megrahi languishes in Greenock prison, convicted on flimsy and
increasingly unbelievable circumstantial evidence. According to Tam Dalyell,
who visits him regularly, Megrahi does not want to be released back to Libya
as part of some grubby deal giving BP access to Libyan oil. He wants a
retrial to clear his name. His values may not be British but he puts Tony
Blair and company to shame.
The Working Life of Linda
Fabiani MSP
Click here to read SNP MSP Linda Fabiani's working diary.
SYNOPSIS
SNP CALL FOR COMMONS
COMMITTEE TO CONSIDER CASH FOR HONOURS EVIDENCE
On Sunday SNP MP Angus MacNeil called on the members of the Public
Administration Committee to insist on knowing exactly whatevidence the
Metropolitan Police supplied to the Crown Prosecution Service in relation to
the cash for honours investigation. His call comes following news that the
CPS have decided that no charges should be brought, after a 16 month
investigation and a dossier of more than 6000 documents.
 Mr
MacNeil said:
"The simple fact is that just because there were no charges, does not mean
that nothing was wrong. There is something rotten deep at the heart of
politics in this country. The public deserve to know exactly what
theevidence surrounding this affair is. After such a lengthy
investigation,there are many questions to be answered. Nothing short of
putting this information in the public domain will satisfy the public that
this has been anything other than a whitewash.
"The Committee is serving under a heavy public responsibility. In the
absence of the twelve good men and women of a jury, the baton now passes to
the 11 members of this committee. Many of them are noted for their rigorous
and indefatigable pursuit of the truth; if there is any time
for this attitude, it is now.
"Whether these things can be laid at the door of any one individual is quite
different from whether these matters took place. Surely the Attorney General
should now be looking to see just how much of the evidence could be placed
in the public domain.
"The result of this investigation has been of course the fundamental shift
in political culture which means that it is no longer acceptable for honours
to be determined for political purposes. The erosion of trust in the
Government and in the political structure can only be resolved through
open and transparent means. For that reason the public need to know the
truth in it's entirety."
SALMOND ROUNDS ON BLAIR ON CASH FOR HONOURS
On Saturday SNP Leader and First Minister of Scotland Alex Salmond rounded
on ex-Prime Minister Tony Blair on cash for honours, describing the former
Primer Minister as being in denial about his role in the story.
 On
Friday, Blair described the SNP complaint which provoked the cash for
honours investigation as "invidious".
Mr Salmond said:
"Blair may be out of office but he continues to be in denial about his role
and his own downfall.
"The SNP did not create the cash for honour story. Blair did.
"The SNP did not nominate people for peerages who had given massive secret
loans to the Labour Party. Blair did.
"The SNP did not keep the Labour Party Treasurer in the dark about the
funding arrangements. Blair did.
"The SNP have not created 292 peerages. Blair did.
"There is hardly a single person in the palace of Westminster who would not
freely concede that throughout the London based parties, there has been a
political culture which allowed a relationship between financial donations
and nominations for honours.
"That is unacceptable and one of the results of this police enquiry and the
commons investigations that will follow, is that it will now come to an end.
That progress alone is well worth the discomfiture of the former Prime
Minister."
SNP ON BBC NEWSNIGHT APOLOGY
Speaking on Sunday following reports that the BBC have apologised after
their flagship programme Newsnight wrongly claimed in a pre-election
programme that a poll showed the UK's top 50 companies were not in favour of
Scottish independence, the SNP's Westminster Culture and Media Spokesman
Pete Wishart MP said:
 "This
is the second apology in a row from the BBC in recent weeks.Neither of which
were offered, neither were requested from the SNP and both came from viewer
complaints and angry reaction from the public.
"A few weeks ago substantial viewer pressure led to the first apology after
Newsnight presenter Kirsty Wark accused Alex Salmond of starting rows with
Tony Blair over the memorandum of understanding. Infact, the reality was
that Tony Blair that had been off signing secret
memorandums in a tent in the desert on matters clearly devolved to Scotland,
without any opportunity for this government and indeed this parliament to
contribute - a fact which is now accepted by the government in London.
"Now we find out that the same programme misrepresented the views of the
business community in a survey for which the BBC has had to apologise again.
"This seriously suggests there is a problem with the London media's attitude
to Scottish politics.
"Once is an accident, twice is a problem.
"It is an extraordinary series of events from the BBC in London and it's
time for the organisation to not only consider its attitude not only to
phone ins and game shows, but how it treats Scotland and the new
administration in Scotland."
SNP QUESTION CONSERVATIVES OVER SCOTLAND’S
INTERNATIONAL DEVELOPMENT COMMITMENT
On Tuesday SNP International Development Spokesperson at Westminster, Pete
Wishart MP, wrote to Scottish Conservative Leader, Annabel Goldie, to
clarify the Scottish Conservatives’ position on the cross-party
international work of the Scottish Parliament. This follows the campaign by
the Conservatives’ Shadow Scotland Office front bench to stop this vital
work.
 The
party’s Shadow Scotland Office Minister, Ben Wallace, has repeatedly
questioned the legality of the Scottish Parliament’s international
initiative and continues to undermine their work, now that he has been
elevated to the front bench.
Mr Wishart said:
“Following the Westminster Conservative’ front benches relentless campaign
to have the Parliament’s cross-party development work stopped, we need to
clarify the position of the Conservatives in Scotland.
“The Scotland Office front bench spokesman, Ben Wallace MP, has repeatedly
questioned the Parliament’s development work and is presumably speaking on
behalf of the Conservatives in his front bench capacity.
“We need to know if the Conservatives continue to support this crucial
all-party work in Malawi and elsewhere in Africa, or do they support the
line of their Scottish front bench at Westminster? It certainly can’t be
both, and it would be totally unacceptable for the Conservative Party in
Scotland to suggest that the Westminster Conservative Shadow Scottish
Minister can take a differing - and indeed opposing - view on this vital
issue. That would reveal the most astonishing inconsistency for what is
supposed to be a national party.
“I have asked Ms Goldie to clarify the Conservative position on this. She
should now distance herself fully from the Conservative Westminster front
bench and insist they stop this negative and damaging campaign.””
MoD’s School recruitment “invite” claim is a fabrication says MSP
The claim by the Ministry of Defence that
recruitment teams were visiting pupils in deprived parts of Scotland
following invites they received from schools has been branded a fabrication
by a senior SNP MSP. Christine Grahame last year exposed a 1000 percent
increase in recruitment related activity in schools across Scotland by the
British army since the start of the Iraq war and which indicated a strong
focus on deprived areas, particularly in Glasgow. Govan High School saw the
most concentrated recruitment activity and in 2005/06 received 14
“regimental recruitment visits”. In 2003/04 there were only 14 such visits
to schools for the whole of Scotland.
 The
MoD has consistently claimed that they only go into schools when invited to
do so, but in a response to Ms Grahame management at Govan High School have
said they have “no knowledge of any requests [by the school] inviting the
British armed forces to visit Govan High School in recent years”. Ms Grahame
said:
“The MoD have repeatedly claimed that the
increase in recruitment related activity in schools, targeting children as
young as 14, came about as a result of invites from the schools themselves.
That simply did not seem plausible given the general public concern
expressed about joining the armed forces at this time which is being
translated in falling recruitment numbers and serious retention problems
amongst serving troops as a direct result of the calamitous war in Iraq.
“I therefore requested copies of these supposed
invites, under Freedom of Information laws, from the school which has seen
the sharpest rise in army recruitment visits, Govan High school, situated in
one of Scotland’s most economically deprived communities. Unsurprisingly
they have been unable to provide these and the school’s senior management
have confirmed they have no knowledge of any requests being made in recent
years.
“The MoD is desperate to cover up for Labour’s
disastrous foreign policy adventures and the damage this has done to the
Army’s recruitment and retention policy. However, it is not excusable for
officials and Ministers simply to fabricate claims that they were invited
into these schools when they patently were not.
“In February the Army announced, after sustained
pressure, it was to abandon its recruitment visits to schools, a welcome
development if true. A number of local authorities have banned such visits
taking place, a position backed by Scotland’s biggest teaching union the EIS.
“If there are any teaching staff who have
concerns about continued uninvited armed forces recruitment visits to
schools in their region then I would urge them to contact me.”
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