The prolific American sci-fi writer LE Modesitt once said, “Never mistake law for justice. Justice is an ideal, and law is a tool.”
And the powers of tools lie in the hands of those who wield them.
As the long-running police probe into SNP finances continues, Wings received some slightly surprising news today in the form of an FOI response.
Based on reports from various trustworthy sources we’d expected to hear that the police side of the investigation was by this point winding down somewhat, with most matters of fact already established, detectives assigned to other duties and the ball now largely in the court of the Crown Office and Procurator Fiscal Service (COPFS).
But it seems that isn’t so.
There are many people in the world deserving of sympathy at the moment, readers, but spare a thought in your busy day for Scotland’s Lord Advocate, Dorothy Bain.
Just two and a half years into the post (most incumbents post-devolution have served around five), she’s already had to deal with a lot of what sports people call “hospital passes”. But she’s about to find herself in another nasty spot not of her own making.
Readers may have been baffled by a news story yesterday, in which an event where two men insulted each other in the street (“Deviant!”, “Bigot!”) has led to one of them, but not the other, being arrested and charged with an unspecified crime by police.
In particular, many people on social media have contrasted the situation with one from a month ago, when a large male transactivist violently assaulted a feminist woman at a “Women Won’t Wheesht” meeting in Aberdeen but merely received a recorded warning rather than being arrested and charged.
So we’re very grateful to Roddy Dunlop KC, the Dean of the Faculty of Advocates (the “trade” body of Scotland’s senior barristers), for posting an extremely informative, and disturbing, summary of the relevant laws on Twitter this morning.
Nicola Sturgeon has not been charged with any crime. Yesterday she was arrested, questioned and released without charge pending further investigation. We do not even know which specific suspected crime or crimes she was questioned in connection with, so it is manifestly impossible to meaningfully speculate on her innocence or guilt (save of course for the fact that all are innocent in the eyes of the law until proven otherwise, something Sturgeon herself often appears to forget).
Nevertheless, in Scotland the Contempt Of Court Act 1981 applies from the moment a person is arrested, as the country’s most senior lawyer and its official prosecution service were both keen to remind people yesterday in the clearest possible terms, and it applies equally whether you’re asserting someone’s guilt or their innocence.
So you need to be a really extra-special class of boneheaded numbwit to do this:
Alert readers will have noticed some interesting stories recently.
The Scottish Sun’s scoop on Monday evening – a few hours after we tweeted information from a very well-informed source about the Crown Office’s continued attempts to obstruct Police Scotland’s investigation into the SNP’s finances – would have come as no great surprise to Wings readers already familiar with the way the unaccountable, unanswerable body operates.
But we’ve subsequently noticed a number of attempts by various people to muddy the story by talking about a “draft” warrant request, implying that there was no improper delay. So we checked up, and thought you might like to know how the process works.
When Nicola Sturgeon is finally held to account for the charred, twisted and shattered ruins that she’s made of Scottish political and civic society in her desperate attempts to save her own neck, the complete discrediting of ostensible support organisations for victims of rape will be near the very top of the charge sheet.
But before we talk about that you really need to read this.
Because if you live in Scotland you can only rationally be one of two things at this moment in history: (a) terrified, or (b) an idiot.
…simply don’t ask the question.
And the problem will magically go away.
Is the Crown Office and Procurator Fiscal Service of Scotland institutionally corrupt? I don’t believe so, but it’s certainly a troubled organisation.
The cost and reputational damage to it from the Rangers FC case are of a magnitude never seen before, and the actions in the Alex Salmond case and related actions by the Lord Advocate and Crown Agent have called its independence into question.
There must be structural change and individuals must be held to account.
Okay, we’re trolling a bit with the title there. But fair’s fair.
Because some REALLY shonky, and very obviously co-ordinated, shenanigans went on this past weekend, but at least the above is the truth.
Alert readers will have noticed by now that while we were at the dentist getting rid of all our excess money, the Fabiani inquiry has published Alex Salmond’s written evidence submission, ahead of his in-person appearance currently scheduled for next week.
(Depending on whether he’s allowed to tell the truth or not, of course.)
It’s a big document, so allow us to walk you through a few of the highlights.
We’re feeling a bit confused this morning, readers. Maybe someone can help.
Below is the key part of the letter sent by the Clerks of the Scottish Parliament, acting on behalf of the Fabiani committee, to the Crown Office and Procurator Fiscal Service (COPFS) a week and a half ago, requesting material for their investigation into the Scottish Government’s botched handling of false allegations against Alex Salmond.
As we’d told you at the time, the request was a sham, designed to produce nothing of any value, because it carefully excluded the only person whose communications with Sue Ruddick were actually of relevance – SNP chief executive Peter Murrell.
(Murrell being an employee of the party, NOT a member of the Scottish Government, a civil servant or a special adviser.)
But yesterday it all went really weird.
Wings Over Scotland is a (mainly) Scottish political media digest and monitor, which also offers its own commentary. (More)
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