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.
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).
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:
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.
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.
Xaracen on The Long Future: “As for the “principle of respect for the territorial integrity of states”, that can only apply to unitary states. For…” Apr 3, 11:48
sarah on The Gender Of Mountains: “Scotland Act 1998 clause 7 (2) Sub-paragraph (1) does NOT reserve – (a) observing and implementing international obligations, obligations under…” Apr 3, 11:30
Xaracen on The Long Future: “Ah, so it’s not an important matter of principle at all, then. It’s just a shoddy excuse to keep certain…” Apr 3, 11:28
Mark Beggan on The Gender Of Mountains: ““A gutless pro Trump British yoon Nazi appeaser” as opposed to an aborted pro Faggot inbred Lefty jizz stain.” Apr 3, 10:24
Aidan on The Gender Of Mountains: “@Mary – you’re right, but the UNCRC was successfully challenged in the Supreme Court on the basis that it extended…” Apr 3, 10:04
Sven on The Gender Of Mountains: “Iain More @ 08.15. I suspect that this will be in retaliation for the 82% Tariff which the Islands impose…” Apr 3, 09:49
Southernbystander on The Gender Of Mountains: “Is there not a serious problem of throwing the baby out with the bath water with this endless invocation of…” Apr 3, 09:44
MaryB on The Gender Of Mountains: “Aidan @ 6.23am Why don’t you Google UN Human Rights and ICCPR? The UK adopted the overall Human Rights Act,…” Apr 3, 09:36
Iain More on The Gender Of Mountains: “Ok we get that you are a gutless pro Trump Brit Yoon NAZI appeaser. Thanks for letting is know.” Apr 3, 09:22
Hatey McHateface on The Gender Of Mountains: “Why is this a gift for Scottish Indy, Iain? Is iScotland going to stand up to President Trump and the…” Apr 3, 08:48
Iain More on The Gender Of Mountains: “41% Tariffs on Falkland Islands. What did they do to piss off Fuhrer Trump? I had no idea that the…” Apr 3, 08:15
Aidan on The Gender Of Mountains: “Another cunning plan based on a whole heap of made up legal arguments which no court, anywhere, is going to…” Apr 3, 06:23
Hatey McHateface on The Sacrifice: “@Zimba Regarding moral inconsistencies. I believe a meaningful debate between fair-minded individuals acting in good faith first needs some kind…” Apr 2, 21:17
sarah on The Gender Of Mountains: “IMPORTANT: Leah Gunn Barrett attended the Public Petitions Committee at Holyrood today in order to see what would happen to…” Apr 2, 19:40
agent x on The Gender Of Mountains: “Caroline Lucas says: “He helped transform the fortunes of the Scottish Green party – taking the party into government for…” Apr 2, 18:13
Porty on The Long Future: “Have a wee look at her post and highlights of committee meeting today at Holyrood today, she’s a fighter, well…” Apr 2, 18:08
Porty on The Long Future: “So the game’s a bogey, so we call it a day?” Apr 2, 18:04
Porty on The Long Future: “So the game’s a bogey, so we call it a day?” Apr 2, 18:00
Aidan on The Long Future: “@Xaracen – to understand why the geographic separation requirement is so important you have to look back at the context…” Apr 2, 17:31
Porty on The Long Future: “Was & still am a follower of the Rev, but starting to question myself why, isn’t it about time he…” Apr 2, 17:27
Porty on The Long Future: “Was & still am a follower of the Rev, but starting to question myself why, isn’t it about time he…” Apr 2, 17:27
twathater on The Gender Of Mountains: “Another piece of evidence to EXPOSE the continued ongoing lunacy that we must find some way to address https://open.substack.com/pub/iainmacwhirter/p/trans-cat-msp-cleared-of-non-crime?r=5catlo&utm_campaign=post&utm_medium=email” Apr 2, 16:38
Zimba on The Sacrifice: “First off, apologies for essentially posting the same (or similar) comment twice. I’m not a frequent poster here (or anywhere…” Apr 2, 15:59
Zimba on The Long Future: “This is not a portrait of what Scotland’s politicians alone have become. The malaise is sadly European generally and is…” Apr 2, 15:21
Mark Beggan on The Gender Of Mountains: “Is Greer related to Chapman. Strange shaped head sneering mouth with studs for teeth and eyes that sit suspiciously in…” Apr 2, 14:35
Mark Beggan on The Gender Of Mountains: “The Teletubbies have to say bye bye Dipsy. Dipsy likes bouncing on his bottom. But now Dipsy has a sore…” Apr 2, 13:45
Hatey McHateface on The Sacrifice: “Ah, Zimba, always good to hear from the kind of poster who believes that any number of dead men, women,…” Apr 2, 13:17
Zimba on The Sacrifice: “Good job, Hatey, our kindly bombs and bullets can help them learn to see their own moral failings before it’s…” Apr 2, 12:14