Wings Over Scotland

There is a not particularly funny joke that is sometimes told in legal circles about why a law student failed to finish his coursework – because he had no conviction. With rare exceptions lawyers aren’t renowned for their sense of humour but I can’t help thinking someone, at the highest levels of our justice system, is having a right laugh at my expense and those who have loyally supported me over the past six years.

I’m talking about the Lord Advocate, Dorothy Bain KC – a sitting member of the Scottish Government’s cabinet who was nominated by Nicola Sturgeon to that post in 2021, five months after I was acquitted.

For those unfamiliar with my case, I offer this brief summary. In March 2020 I made a short video on my mobile phone that was two minutes and thirty eight seconds in length. I hadn’t planned to make the video when I went out for a walk in a field near my home. But I was annoyed and wanted to articulate that annoyance, although at the time I recorded it I wasn’t intending for it to go much further.

Later that night, just before turning in, I uploaded it to my YouTube channel on a closed, unlisted link and then posted that link to my Twitter account that, at the time, had a modest 1000 or so followers. I then forgot about it.

Little did I know that short mobile phone video would result in me facing initially a criminal trial, then a five year legal battle in the highest civil court in Scotland and now, most likely, an appeal to the European Court of Human Rights in Strasbourg.

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We’ve been here before. But let’s try to really dumb it down for the extra-stupid.

Because it isn’t actually very hard at all, and there’s no IQ test.

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From here, the top of the barrel is so far away that you can’t see so much as a pinprick of daylight through the most powerful pair of binoculars.

In a moving epitaph a few days ago, the widely-respected Professor James Mitchell of the University Of Glasgow noted of Alex Salmond that:

“He could be irascible and did not put up with fools […] He was impatient with lazy journalism […] and did not hide it. We can still see the consequences in some of the obituaries and commentary that reveal more about the writers than the subject”.

Mandy Rhodes of Holyrood magazine concurred, saying:

“In the clamour for commentators to vent their loathing, there have been too many sour column inches that have framed a man’s premature death around the egos of the journalists that have penned them.

Too great an appetite to rescue the words that were once filed and then spiked following a trial that didn’t give them the verdict they had prepared for. Too much haste to use his passing as the opportunity to seek revenge for a tongue-lashing or a put-down that they had never forgotten.”

And so, then, to Carlos Alba.

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Everyone even remotely connected to Scottish politics has known for months that the below is the case. It’s an open secret.

But what’s playing out right now is something much bigger than the fate of one or two or three individuals. It’s the entire future of the credibility of Scotland’s justice system.

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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.

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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.

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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.

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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.

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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:

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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.

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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.

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…simply don’t ask the question.

And the problem will magically go away.

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