When the law breaks the law 251
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.
