Tuesday, May 05, 2009

Legal Aid Board 'brought into disrepute' by Legal Services Chief's criminal charges over rent boy scandal

SLABSLAB brought into disrepute by criminal conduct of its staff. The good work of the Scottish Legal Aid Board in providing access to justice for thousands of poor Scots and their families, has been stunningly brought into disrepute by the disgraceful public conduct of its Legal Services Chief, Douglas Haggarty, who was arrested for a liaison with a 'rent boy' in the famous St Enoch's Glasgow shopping centre.

Law Chief held with rent boy - Sunday Mail 3 May 2009 eSunday Mail exposed legal aid chief’s criminal charges of soliciting a boy prostitute. Douglas Haggarty, who is Chief of Legal Services at the Scottish Legal Aid Board, has sat on various Scottish Government consultation groups which included the most senior members of the legal profession, the Law Society of Scotland, and even senior Police officers. Haggarty participated in the review of the Practices and Procedure of the High Court of Justiciary, chaired by Lord Bonomy, titled "Improving Practice”, and has duties at the legal aid board which include lecturing lawyers on their public conduct.

Paul McBride QCSLAB Board member Paul McBride asked Crown Office to drop charges against Haggarty. It also emerged from the Sunday Mail's expose that Paul McBride QC, a senior board member of the Scottish Legal Aid Board was representing Haggarty on the criminal charges of soliciting a teenage boy in public, McBride proceeding to ask the Crown Office to drop the charges against his client, on the grounds 'there was not enough evidence to convict', and now the Procurator Fiscal in the case has decided against court proceedings and will handle the case by way of a fiscal fine or other means, in order no doubt to avoid too much bad publicity for Haggarty and McBride, both well known members of Scotland's legal profession.

SLAB board member Paul McBride QC, last year earned over £217,000 in legal aid fees while representing clients in the Scottish courts, and only last week, made a blaze of publicity for himself where he criticised the Labour party for the Damien McBride email smears against the Conservative Party, after which he transferred his allegiance to the Conservatives after his 'lifelong support of the Labour Party.

However, it transpired the day after McBride's announcement of a shift to the Conservatives over his own views on ethics, he wasn't even a subscribing member to Labour , and some now believe he may have been earmarked for a senior legal position in any future Tory administration in Scotland. So, not ok to smear politicians, but rent boys in toilets ? well that's another matter …

However, criticism of McBride's involvement in representing Douglas Haggarty in the rent boy scandal came from colleagues in the legal world today, as a legal insider speaking on the news, pointed to a possible conflict of interest in a matter which many now feel brings the Legal Aid Board into disrepute.

He said : "The Legal Aid Board lecture solicitors on their legal aid claims but it looks like there are plenty loose canons at the Board itself.The Legal Aid Board do not seem to want to comment, but clearly Douglas Haggarty's conduct has brought SLAB's work into disrepute and he should now be sacked."

He went on : "I think eyebrows will be raised that Douglas Haggarty was able to secure legal representation from Paul McBride QC, who is also a senior member of the Scottish Legal Aid Board. In the eyes of many that may well constitute a conflict of interest and Mr McBride should have refrained from involvement in the case."

A client who is currently fighting a legal action with legal aid said "I have had contact with Douglas Haggarty in the early stages of my claim when I asked for documents relating to my solicitor's submissions to the Board.I did not receive very good replies and had to ask several times for the information I was after."

She went on : "I am totally disgusted to learn that people who conduct themselves in public in this manner are at the heart of our legal system and I find it a disgrace the matter is not to proceed to court. If it had been anyone else other than a lawyer who did it, I'm sure they would have been sent through the courts system but again we see one law for the lawyers and another for the rest of us."

For my part, well I am not surprised by Mr Haggarty's antics. There are many 'personalities' in the legal world and some at the very heart of the Scots legal establishment & even the Law Society of Scotland who seem to prefer the haunts of toilets and rent boys despite the fact that some of them have wives & families who know nothing of their sick partner's secret and perhaps deadly conduct, which has in at least one case known to me, impacted fatally on the health of their family.

Lawyer accused of flashing at boy, 13 -  Daily Record April 13 2006QC was accused in 2006 of flashing to child, but charges were dropped. In a similar case a couple of years ago, a senior Advocate, Mark Strachan QC, was charged with similar offences, involving a 13 year old boy, but the case was dropped .. as seems to be common when it comes to catching members of Scotland's legal profession engaged in criminal activity. I reported on the Mark Strachan case here, where you can also read the Daily Record’s expose : Disclosing the regulatory history of lawyers in Scotland to help give choice to the consumer. You can also read the BBC version of Mr Strachan’s criminal charge of flashing at a 13 year old boy here : Advocate charged with indecency

Clients surely have a right to know their solicitors criminal records, just as much as their solicitors regulatory records. Many clients of solicitors I’ve spoken to today certainly agree with that, while all expressed a view that if they learned their solicitor had been charged with a criminal offence, they would not use them for legal representation of any kind.

In a statement issued late today, a spokesman for the Legal Aid Board said in response to queries on Mr Haggarty’s choice of SLAB board member Paul McBride QC as his lawyer : “It is a matter for Mr Haggarty who he should engage to represent him. Any involvement by Paul McBride QC in representing Mr Haggarty is unconnected with his role as a Board member. Board members are non-executive, appointed by Ministers and are not employees of the Board.”

A legal source retorted by saying : “It seems the heavy guns were brought out in Mr Haggarty’s favour but I can’t always get a QC of Mr McBride’s stature to represent my clients when they are in need. Strange.”

The legal profession which Justice Secretary Kenny MacAskill famously said on camera he would defend his legal colleagues to the last, against their detractors most certainly needs a clean up, not only of its criminal element, but also of its morals and ethics.

The Sunday Mail reports :

Law Chief held with rent boy - Sunday Mail 3 May 2009 eExclusive: Legal aid chief arrested with rent boy in shopping centre toilet

May 3 2009 Derek Alexander

A LEGAL Aid boss has been arrested in a public toilet with a rent boy.

Douglas Haggarty, 57, was arrested in a shopping mall after being found with the teenage prostitute.

He is the head of legal services at the Scottish Legal Aid Board (SLAB) - where his duties include lecturing lawyers on their public conduct.

Haggarty was arrested in British Home Stores in the St Enoch Centre, Glasgow.

Security guards alerted police after the known rent boy was seen following Haggarty into the shop's toilets. Both men were arrested and Haggarty was charged with soliciting in a public place.

The procurator fiscal started summary proceedings against Haggarty. But his lawyer Paul McBride QC - who sits as a member on the Scottish Legal Aid Board - asked the Crown Office to drop the charges, claiming there was not enough evidence to convict.

The procurator fiscal has decided to scrap court proceedings and deal with the case by a direct measure. These are powers available to prosecutors to deal with cases quickly. They include issuing a fine, compensation order and written warning about future conduct. The powers available to procurators fiscal were extended last year.

The rent boy also had court proceedings against him dropped and was issued with a direct measure.

Haggarty, who lives in the Merchant City area of Glasgow, started work as a solicitor in 1975. He helped Lord Bonomy compile his 2002 report on improving the practices and procedure of the High Court.

Haggarty submitted a paper to a Scottish Parliament finance committee on criminal procedure in 2003 and has been a member of other High Court review teams.

The legal aid chief, who declined to comment, has been off work sick since the incident in January. A slab spokesman said: "The Board is aware of the case and that it has not been prosecuted. It's not appropriate for us to comment further."

Haggarty isn't the first SLAB boss to be arrested and dogged by controversy.

Dr Richard Scott, former head of SLAB, was twice arrested over incidents with his wife. Arrest In January 1997 he was charged with three assaults but only convicted of breach of the peace and disorderly behaviour.

Six months later Scott was arrested again when police were called to his home but the Crown Office decided not to bring criminal charges. Scott stood down as head of SLAB in 1999.

35 comments:

Anonymous said...

Yikes !
I wont be going into the toilets if I ever have to go to the legal aid board !

Anonymous said...

Good point Mr Cherbi.

McBride should not have been on the case since he is a member of slab.I agree its a conflict of interest especially since its a criminal matter.

Any reaction from MacAskill ? Will he defend Mr Haggarty too ?

... And Justice For All said...

Quote from a client ...

" ...but again we see one law for the lawyers and another for the rest of us."

Yes indeed.

Forever thus.

http://shirleymckie.myfastforum.org/sutra3332.php#3332

http://shirleymckie.myfastforum.org/sutra3324.php#3324

Anonymous said...

what a sicko and theres more you say at the law society ? disgusting

Anonymous said...

No wonder no one gets legal aid with this lot ruling the purse.What a bloody disgrace to put it mildly.

I'm seriously beginning to think if lawyers aren't crooks they are perverts - thats our choice.Sick !

Anonymous said...

I hope he washed his hands before handling anyone's legal aid applications !

Anonymous said...

Some good comments but more to the point how did he get McBride a full blown QC to represent him on a soliciting charge when any ordinary solicitor could have done so ?

Seems a bit of a stitch up to me Peter.Is there some connection between the two we dont know of yet ?

Anonymous said...

Cover up, cover up, cover up!

No surprise that a 'distinguished' member of the Faculty of Advocates should be enlisted to support the cause - it will need friends to ensure it remains exempt from the FOI Act, what would happen if for example the great unwashed could ask if a QC had ever been on the receiving end of a summons?

Two tier justice in action, no wonder the reputation abroad of the Scottish Courts and the legal profession rests in the gutter - where it richly deserves to be.

Could there be a SLAG at SLAB ? said...

Interesting.

So the question is : Would Kenny MacAskill protect rent boy shagging lawyers as much as he claims he would protect lawyers in general from their critics ?

I think the answer to that is YES !

Incidentally does anyone know how much Haggarty has been getting from the public purse by way of salary etc ?

I hope none of that rent boy soliciting was done on the taxpayers time !

Anonymous said...

you guys have big problems over there with perverts

bring back the hot poker ?

Anonymous said...

WELL DONE SUNDAY MAIL !!!!

Anonymous said...

I hope Mr Haggarty isn't responsible for anyone being denied access to a lawyer because their legal aid was blocked.

Questions to ask ?

Anonymous said...

http://the-universality-of-cheese.blogspot.com/2009/05/paul-mcbride-qc-still-biggest-liar-in.html

if you can bear the graphic details !

Anonymous said...

Really disgraceful that people in such positions are behaving like this.Scotland has got a lot sicker lately or has this chap been up to it for awhile along with all his pals ?

Anonymous said...

There are more than Haggarty at SLAB up to this.The papers could have a field day with some of the stuff the staff get up to.Same goes for their neighbours across the road at the Law Society as I see you refer to.

Keep up the good work everyone !

Anonymous said...

Presumably being with all those queer lawyers got to him and he just had to have a rent boy on the spur of the moment.

I will always be on my guard against lawyers after reading this ! (and some of your other stuff too)

Anonymous said...

first comment - you said it all for me !

Anonymous said...

God ! His job is to teach standards no wonder all these lawyers are flashing at kids and stuff.

Bloody shameful lot.Maybe we should all get the right to know if there's a lawyer living near us not just pedofiles !

Anonymous said...

Why the fuzzy face over Strachan ?

Will Haggarty find himself on the sex offenders register ???? I hope so !!

Anonymous said...

Poor chap Haggarty.He looks like he's had it.

You are spot on about McBride.He shouldn't have taken on the case it being so close to home and anyway why McBride of all people ? Did the severity of the charge really merit his intervention ? and that statement from slab sounds total bollocks.

Anonymous said...

I was talking about this with a colleague this morning and he agrees with you 100%.
McBride should have avoided involvement due to his position on slab.
There is a lot more to the story than we currently know.Rumour control speculates two committee members at the Law Society were caught by Police in a park with boys but were only cautioned,
You may want to do some more digging.

Anonymous said...

So whats the word from MacAskill ??

Is Haggarty going to get a medal from Kenny for doing his bit to further Scots lawyers reputations ? haha

Anonymous said...

Yes very clever as usual Peter.I thought to myself when reading the Sunday Mail it was a bit odd that McBride acted for Haggarty and despite SLAB trying to separate his status on the board compared with that of his client I think a definite conflict of interest in McBride's role in this instance does exist which I'm pleased to see others agreeing with.

Anonymous said...

I see the hootsmon 'forgot' to report this.How come ?

Anonymous said...

Obviously the man had some kind of mental breakdown to do this in public however that is no excuse and you are spot on in your headline - Mr Haggarty did bring slab into disrepute by his actions.You are also correct in that Paul McBride should have delegated the case to someone else due to his board position and while the board may think there is nothing in that I (and others I can assure you Mr Cherbi) do.

I think given slab's treatment of the profession recently and Mr MacAskill's ill conceived legal aid 'reforms' you and the Sunday Mail should dig deeper and see how far the rot goes.

Anonymous said...

Cover up, cover up, cover up!

No surprise that a 'distinguished' member of the Faculty of Advocates should be enlisted to support the cause - it will need friends to ensure it remains exempt from the FOI Act, what would happen if for example the great unwashed could ask if a QC had ever been on the receiving end of a summons?

Two tier justice in action, no wonder the reputation abroad of the Scottish Courts and the legal profession rests in the gutter - where it richly deserves to be.

6:04 PM

COULD NOT HAVE PUT THIS BETTER MYSELF, TWO TIER JUSTICE IN ACTION, SPOT ON .

Anonymous said...

To the anonymous comment of 345pm

Why did the hootsmon not report it ?

Well the Scotsman probably did not report on Haggarty having his jollies with a rent boy because it would somewhat upset the chaps at Drunsheugh Gardens.

Never mind though - the Sunday Mail has a circulation greater in one day than about 3 weeks worth of Scotsman sales going by the current state of the paper so the lesson is if you want coverage and want to read whats really going on get the Sunday Mail !

enraged said...

Someone said he had a mental breakdown ?

What part of a mental breakdown makes someone look for a rent boy and pay him to do the business in a public toilet in a shopping centre ???

Pure bollocks ! (as I'm sure it was)

AND what about McBride saying there wasn't enough evidence to convict ??? Jesus ! There were plenty witnesses from what I heard so what part about cops, security guards and god knows who else watching rates as 'not enough evidence' ???

Bringing slab into disrepute ?? he's brought the whole bloody profession into disrepute ! and who is the advocate Strachan ?? I looked him up on google and it said the charges were dropped ! Is that another swift turn by the lawyers for their own again ???

Anonymous said...

How can the Crown Office credibly refuse to prosecute when the two were in the same cubicle with their trousers at their ankles when arrested and admitted to a sexual act? Since when did new legislation come into effect whereby plea bargaining with the Crown Office is allowed???

Judy

Anonymous said...

Interesting story.

So really what we have here is Paul McBride - tipped to be the Lord Advocate or some big time job if the Tories get in, getting an obviously guilty legal aid mate (who might find himself on the sex offenders register) off the hook.

Is that a reason to vote Conservative ? We put them in and get another bunch of lawyers in such as McBride who will just cover up for his own crowd the way the rest are doing ?

Disgusting.I think the tabloids should do some digging on McBride - if he's so concerned with the likes of Haggarty and willing to get into a conflict of interest as Cherbi's version of the story shows then there must be a lot more to it than what we know just now.

More investigation please!

Anonymous said...

SLAB Board member Paul McBride asked Crown Office to drop charges against Haggarty.

Of course Paul is looking after another lawyer, what's new, one law for the lawyers and another for the layman. Did Paul represent Angela Mcdeal?
Lawyers hate fellow lawyers getting prosecuted and so does the procurator fiscal by the looks of things. They are making a laughing stock of the system.

Anonymous said...

Anonymous said...

How can the Crown Office credibly refuse to prosecute when the two were in the same cubicle with their trousers at their ankles when arrested and admitted to a sexual act? Since when did new legislation come into effect whereby plea bargaining with the Crown Office is allowed???

Judy

4:21 PM


IT IS ALLOWED IF YOU ARE A MEMBER OF SCOTLAND'S DEPRAVED CORRUPT LEGAL PROFESSION. CLEARLY THE CROWN OFFICE FAVOUR PROTECTING LAWYERS WHO HIRE RENT BOYS, PERHAPS HAGGARTY PAID WITH LEGAL AID FUNDING.
IT IS ASTONISHING, THAT LAWYERS COMPLAIN ABOUT THE PRESSURE GROUPS WHEN THEY ACT WITH IMPUNITY. GET A LAW DEGREE AND YOU WILL NOT GET PROSECUTED FOR PAYING FOR GAY SEX IN A PUBLIC TOILET. YOU CAN ALSO SCREW YOUR CLIENTS (FINANCIALLY) BECAUSE YOU ARE ABOVE THE LAW. LAWYERS IN COURT TELL WITNESSES "YOU ARE UNDER OATH", WITH THEIR MORALS, IT BEGGARS BELIEF.

Anonymous said...

Molto buone cose.

Anonymous said...

Buona giornata DYNAMITE mio amico!

Anonymous said...

I know this guy
He shared a rent boy also used by a judge and a sheriff
Interested in a story?