A lack of admissible evidence, fourteen times? Justice Secretary MacAskill defends refusal to prosecute legal aid fraudsters. WHEN SCOTLAND’S JUSTICE SECRETARY has to rely on the ‘grubby’ defence of “a lack of admissible evidence” to support the actions of his own prosecutors who refused to prosecute AN ENTIRE CLASS OF CRIME spanning SIX YEARS involving legal colleagues accused of systematic fraud running into millions of pounds of public funds, you just know there’s something rotten in the justice system.
And so, amid revelations earlier this week where a solicitor suspected of legal aid fraud by the Scottish Legal Aid Board (SLAB) who was reported to the Crown Office turned out to be married to a Procurator Fiscal, and was let off the hook with a decision not to prosecute due to “a lack of admissible evidence”, KENNY MACASKILL, Scotland’s Justice Secretary has now told a Holyrood msp he backs the Crown Office refusal to prosecute any of FOURTEEN LAWYERS who swindled MILLIONS OF POUNDS in taxpayer funded legal aid because there wasn't enough evidence in each of the cases, and that just as the Crown Office had said, it was not in the public interest lawyers be hauled before the courts on criminal charges.
The fourteen cases of solicitors suspected of legal aid fraud were reported to the £100-Million-a-year-to-run Crown Office by SLAB since 2005 under the term of former Lord Advocate Dame Elish Angiolini DBE QC yet not one single lawyer was prosecuted. An investigation by Diary of Injustice backed up by Freedom of Information enquiries revealed the full details of the scandal which can be read here : FOURTEEN lawyers accused of multi-million pound legal aid fraud escape justice as Scotland’s Crown Office fail to prosecute all cases in 5 years
Mr MacAskill, responding to the Scottish Conservative’s Justice Spokesman John Lamont MSP over queries regarding the lack of any prosecutions of legal aid swindlers from the legal profession itself, is so confident SLAB & the Crown Office can handle legal aid crooks who are stealing millions of pounds a year from taxpayers, he dismissed the msp’s concerns, telling Mr Lamont that constituents can fill out an online complaint form located the Crown Office website if they wished to complain about the way the Crown Office refuse to prosecute lawyers.
Replying to msp John Lamont’s enquiries about the legal aid scandals, Mr MacAskill wrote : “The Scottish Legal Aid Board (“The Board”) takes its responsibility to detect fraud and abuse of legal aid very seriously and carries out a wide variety of work to prevent it in the first instance. The Board’s Solicitor and investigations Unit interrogates internal systems and through analysis of applications received and accounts submitted for payment, or paid, identifies irregularities that may point towards potentially fraudulent activities. If the information gathered and further investigation work carried out amplifies concerns, then the Board engages, at an early stage and at a senior level, with the Crown Office and Procurator Fiscal Service (COPFS).”
Mr MacAskill’s bizarre letter continued, supporting the Crown Office decision there wasn't enough evidence to prosecute any of the fourteen cases of lawyers stealing legal aid : “COPFS is responsible for the prosecution of crime in Scotland and acts entirely independently of Government. In any individual case, the Procurator Fiscal will consider any report of criminal activity and make an assessment as to whether to take any action. This decision must be taken in the public interest. the Procurator Fiscal must consider if there is sufficient evidence in the case, weighing a number of factors in coming to a decision on what action would be appropriate. One of these factors is whether there is sufficient corroboration of the essential elements of the alleged crime.”
MacAskill : If you feel the Crown Office closed ranks to protect one of their own and a bunch of lawyers, fill out an online feedback form. The Justice Secretary ended by suggesting anyone with complaints about why the Crown Office were refusing to prosecute lawyers who steal legal aid could fill out an online feedback form at the Crown Office website. Mr MacAskill wrote : “Your constituent has reported particular concerns about the failure of COPFS to prosecute in some individual cases and about the personal circumstances of a specific Procurator Fiscal. In respect of both matters I would draw your constituent’s attention to the robust complaints process operated by COPFS. Details of the process are available using the following link : http://www.copfs.gov.uk/Contacts/CustomerFeedbackMakeComp”
SLAB now claim the Crown Office failed to tell them a solicitor accused of legal aid fraud was married to one of their own. However, Mr MacAskill’s claims the Crown Office were working to combat legal aid fraud have been seriously discredited today after a flurry of communications from the Scottish Legal Aid Board confirmed the Crown Office DELIBERATELY WITHHELD information from SLAB that one of the solicitors they had investigated for legal aid fraud and had subsequently reported to the Crown Office for a criminal prosecution, was married to a member of the Crown Office. A Scottish Legal Aid Board official told this reporter : “We can confirm that … we do not hold any information (supplied to us by the Crown or otherwise) which indicates that any of the solicitors reported by us to the Crown was married to a PF.”
A legal observer commenting on the growing scandal said : “It is of considerable concern the Crown Office failed to inform the Scottish Legal Aid Board there was a marital relationship between the solicitor reported to them for criminal offences involving legal aid fraud, and a member of the Crown Office own staff. This relationship posed a serious conflict of interest for the Crown Office which could have potentially compromised any criminal investigation against the accused whom we now know was not prosecuted due to the wonders of a lack of admissible evidence. The Legal Aid Board should have been told from the outset.”
Legal insiders have also revealed a lawyer who stole millions in legal aid was married to a Police Officer in training when he was reported to the Crown Office. Even worse for the Justice Secretary, a senior legal insider has now revealed another of the solicitors accused of legal aid fraud, who was found to have stole millions of pounds from taxpayers was married to a Police Officer in training. The wife of the legal aid fraudster was allegedly due to pass out of Tulliallan Police College around the same time her lawyer husband committed suicide by standing in front of a train after his law firm had just been raided by the authorities in connection with a huge fraud inquiry. More on these latest developments will be reported in a future article investigating links between accused lawyers and Scotland’s crime agencies.
A legal insider close to the Scottish Legal Aid Board rubbished the Justice Secretary’s letter to the Scottish Conservative’s Mr Lamont on the legal aid fraud prosecution scandal. He said : “Mr MacAskill knows very well the Scottish Legal Aid Board are trying to do their job by investigating suspicious legal aid claims, however every time a solicitor finds out they are under investigation or are accused of irregularities, the Legal Defence Union step in to argue their case, delay or obstruct the investigation, and prevent any report being made to the Crown Office.”
He continued : “In the case of Niels Lockhart, Mr MacAskill and the Scottish Government were well aware both the Legal Defence Union & Law Society of Scotland delayed the case for four years to prevent SLAB’s S31 complaint relating to Niels Lockhart going ahead to a full hearing at the Law Society and any subsequent report which may have been sent to Scottish Solicitors Discipline Tribunal or the Crown Office.”
“Officials from the Legal Defence Union intentionally delayed matters with lengthy correspondence and the Law Society of Scotland deliberately prolonged their investigation of SLAB’s Section 31 Complaint against Mr Lockhart by passing the complaint file round three different reporters, one of whom had dealings with Mr Lockhart directly, another who apparently refused to write the report although it was claimed the request was lost in paperwork, and the third finally finishing the report in the knowledge the LDU had brokered a deal where SLAB would drop its complaint to the Law Society and not ask the Crown Office to prosecute.”
He ended by saying : “I think the Justice Secretary has not been entirely forthcoming in his response to the msp and if Mr MacAskill claims he or his department knew nothing of these matters, he is not a very capable Minister nor is the Scottish Government capable, or, it appears, willing to protect the legal aid budget from fraudulent claims made by members of the Scottish legal profession.”
A senior legal figure who spoke to Diary of Injustice earlier in the week over the revelations one of the accused legal aid fraudsters was married to a Procurator Fiscal, also criticised Mr MacAskill’s claims the Crown Office were acting in the public interest by not prosecuting the solicitors accused of legal aid fraud.
He said : “If the Justice Secretary feels the Crown Office acted responsibly or impartially in refusing to prosecute all fourteen cases involving solicitors accused of legal aid fraud who were the subject of lengthy and costly investigations by the Scottish Legal Aid Board, he is living in a world of his own.”
He continued : Clearly the Crown Office are unwilling to prosecute solicitors for legal aid fraud. I do not believe the Crown Office are sufficiently independent to investigate cases where the accused is linked to one of their own. The reason for failing to take the case to court on a lack of admissible evidence will be viewed by most plain speaking people as a stitch-up.”
He concluded : “Perhaps Mr MacAskill should take his own advice, go fill out the online feedback format himself and see how far he gets. What an utterly useless suggestion coming from a Minister from the Scottish Government.”
John Lamont MSP (Scottish Conservative). Member of the Scottish Parliament's Justice Committee, John Lamont MSP commented on the mushrooming legal aid fraud scandal. He said : “The legal aid budget is one of the largest components of the Scotland’s justice budget. Given the current pressures on the justice budget in general and the legal aid budget in particular, it is vital that every penny is spent properly. Therefore there must be stringent procedures in place to look out for instances of fraud and to deal robustly with those who engage in it.”
Mr Lamont continued : “Any suggestion of impropriety or fraud must be treated very seriously indeed. Not only does this behaviour take valuable resources away from those who really need it, but it also undermines the integrity of the legal profession in general.”
From this reporter’s own observations on this growing scandal, there is now little doubt this issue must go before the Scottish Parliament, with officials from both the Crown Office & Scottish Legal Aid Board called in to be questioned on why solicitors are escaping criminal prosecution for legal aid fraud costing taxpayers millions of pounds.
BACKGROUND : LEGAL AID FRAUDSTER SOLICITORS PROTECTED BY CROWN OFFICE REFUSAL TO PROSECUTE
A Crown Office FOI response to Diary of Injustice revealed : Since the start of 2005, SLAB has submitted nine reports to Crown Office alleging criminal offences by a total of thirteen solicitors. One report related to a firm of five solicitors; The allegations relating to eleven of these solicitors were marked for no action on the basis of an insufficiency of evidence. This related to seven separate reports (for which Crown Counsel’s Instructions were obtained in three); A report relating to one of the eleven solicitors referred to above was referred to the Civil Recovery Unit for their consideration; One solicitor died before criminal proceedings were commenced; One solicitor was placed on indictment for Sheriff and Jury proceedings for fraud. That solicitor entered a preliminary plea in bar of trial on the grounds of insanity which was sustained by the Court. In light of that decision, the case was deserted pro loco et tempore; and in relation to the final solicitor, the matter remains under consideration (this final case also resulted in a decision not to prosecute).
Crown Office admitted additional lawyers escaped prosecutions over legal aid frauds. A further admission on lawyers referred by the Scottish Legal Aid Board over legal aid irregularities was made from the Crown Office relating to an additional case which had not been initially disclosed to Diary of Injustice. The admission contained details of yet another lawyer accused of allegations of a criminal nature, stating : SLAB made allegations of a criminal nature against a solicitor and sought preliminary advice from Crown Office. SLAB did not submit a crime report but were assisted by the police in carrying out further enquiries. A report was thereafter submitted by the police to the local Procurator Fiscal rather than Crown Office. The case was marked for no proceedings by the Procurator Fiscal.
NIELS LOCKHART : SECRET LDU-LAW SOCIETY-SLAB DEAL ENSURED NO PROSECUTION
Sunday Mail exposed Niels Lockhart’s £600K legal aid claims in two years and accusations over legal aid fiddling. From key evidence involving the Niels Lockhart case passed to Diary of Injustice and verified by Freedom of Information disclosures from the Scottish Legal Aid Board, I revealed earlier in April of this year how the Legal Defence Union ensured solicitor Niels Lockhart, who had already claimed SIX HUNDRED THOUSAND POUNDS of legal aid over two years would be allowed to continue working as a lawyer without any further investigations over inflated legal aid claims on the public purse : One law for lawyers : Secret Report reveals Legal Aid Board, Law Society & Legal Defence Union ‘cosy relationship’ in Lockhart case On 5 June 2005 the Scottish Legal Aid Board sent a report to the Law Society of Scotland in terms of S32 of the Legal Aid (Scotland) Act 1986 against the sole practitioner firm of Niels S Lockhart, 71 King Street, Kilmarnock. The secret report, obtained under Freedom of Information laws, can be downloaded here : SCOTTISH LEGAL AID BOARD S31 COMPLAINT REPORT TO THE LAW SOCIETY OF SCOTLAND : NIELS S LOCKHART (pdf)
SLAB’s report was heavy on accusations yet achieved little, as did their complaint to the Law Society. The Scottish Legal Aid Board presented its report & complaint to the Law Society of Scotland on the 5th June 2006 but had to wait until a stunning FOUR YEARS until August 2010 before the Law Society even got round to sending SLAB a copy of the Law Society investigator’s report, which recommended that 11 out of 12 of SLAB’s complaints were “made out” and also recommended that the Law Society exercise its powers to exclude Niels Lockhart from giving advice & assistance to or from acting for a person to whom legal aid is made available.
Secret deals struck between the Law Society, Legal Defence Union & Scottish Legal Aid Board behind closed doors ensured lawyers suspected of legal aid fraud were never prosecuted. In October 2010, Mr Lockhart’s legal representative James McCann of the Legal Defence Union approached SLAB with a offer Mr Lockhart would withdraw fully from providing legal aid if SLAB’s S31 complaint was withdrawn. A Minute of Agreement was drafter and agreed with Niels Lockhart & the Legal Defence Union outlining the voluntary and irrevocable withdrawal by Mr Lockhart and the firm from the provision of all firms of legal assistance funded by legal aid. A letter disclosed by the Scottish Legal Aid Board in response to a Freedom of Information request revealed what happened : “In November 2010 SLAB advised the Law Society of Scotland that they had negotiated with Mr Lockhart his voluntary removal from the provision of legal assistance with effect from 1 November 2010 and acknowledged that the Society had separately received information from Mr Lockhart signalling his intention to withdraw from provision of all types of legal assistance. In the light of this, we sought to know from them whether they accepted SLAB’s withdrawal of the S31 complaint against Mr Lockhart. In December 2010 the Law Society wrote to SLAB advising that they had accepted SLAB’s withdrawal of the complaint and that they were closing their file and taking no further action.”
113 comments:
Well this is NOT a surprise!
I dont believe for one second any of these legal aid crooks could get away with it without a little help from the inside!
As for MacAskill,well he must be the worst Justice Minister Scotland has ever had in its history if he crawls up the lack of admissible evidence street to avoid giving that crooked Crown Office a good caning!
Only another lawyer would try to justify lawyers who fiddle taxpayers not getting prosecuted!
MacAskill is a lawyer.
This gives new meaning to the phrase "Married to the Mob"
"just as the Crown Office had said, it was not in the public interest lawyers be hauled before the courts on criminal charges."
We need a new Crown Office or maybe even NO Crown Office.
Crooked lawyers married to Police.
Crooked lawyers married to Prosecutors.
Crooked lawyers married to criminals.
Crooked lawyers married to politicians.
Crooked lawyers working as politicians.
Crooked lawyers married to crooked lawyers.
What a crooked legal system Scotland has with all this scum covering each other's backs.
The message is if you want to commit crime and get away with it marry a crooked lawyer.
I think the Justice Secretary should stick to raising a glass.
He clearly knows little about how the public perceive justice to work if he's trying to say 14 cases which happen to involve his colleagues in the legal profession stealing legal aid couldn't be prosecuted because there was a lack of evidence.
Time he is replaced.
WHEN SCOTLAND’S JUSTICE SECRETARY has to rely on the ‘grubby’ defence of “a lack of admissible evidence” to support the actions of his own prosecutors who refused to prosecute AN ENTIRE CLASS OF CRIME spanning SIX YEARS involving legal colleagues accused of systematic fraud running into millions of pounds of public funds, you just know there’s something rotten in the justice system.
TOO BLOODY TRUE!
I'd like to point out the Lord Advocate has the final say on whether a case is prosecuted or not.
Why has Frank Mulholland not given a statement on this scandal?He was Solicitor General at the time so will know everything about these cases.
Very disturbing the whole episode.
No doubt about it Peter - you have then on the ropes over this legal aid scandal.
Very good reporting as usual.MacAskill and the Crown Office must hate your guts.
Keep up the good work.
MacAskill is a disgrace,I hope Lamont has a go at him in the parly over this.
So the Law Society went all out to save Lockhart from SLAB's complaint.
Do SLAB know about this and did they do anything about it?
I think we need much more than a Scottish Parliament investigation into all this corruption but the problem is all our judges are lawyers and therefore as prejudiced and crooked as the rest of the legal establishment so there's no one really independent enough to do an investigation into it.
Also after having read your latest I have a sneaking suspicion some of these crooked lawyers will probably be linked to judges and sheriffs?
Finally some good news for criminals!Ministerial protection for legal aid robbers!
Justice Minister defends the indefensible.
I like your intro Peter.I'd say its perfect.
Keep up the good work!
My impression from all of this is if the Legal Defence Union and the Law Society interfered at SLAB they probably interfered at the Crown Office which is also full of lawyers.
You wont get much justice as long as MacAskill is Justice Secretary.He clearly doesnt give a toss about anything involving lawyers and corruption.
C O R R U P T I O N COURTESY OF THE SNP
THEY CANT BLAME ANYONE ELSE NOW
Married to a cop or married to a Procurator Fiscal or whatever their partners are on the public payroll therefore we have A RIGHT to know what their other halves are getting up to WHEN IT INVOLVES CRIMINALITY.
As for MacAskill's letter he is not fit to be the Justice Minister if he just sits there and passes the buck on all this FRAUD going on.
Disgusting.
Let me guess - nothing is going to happen about this because of who the Lord Advocate was at the time.
Does this account for the Scottish Govt's news blackout imposed on the story?
That's right Kenny everyone else is wrong except you and the Crown Office haha what a joke and a bunch of crooks!
Yes so much for all that bullshit from the SNP over all those years about this is corrupt that's corrupt this needs reforming etc etc now look at them MacAskill defending the very same Crown Office clowns who stitched up Megrahi on Lockerbie,refused to jail racist killers and cover up for their own as they please.
You couldnt make it up its so horrific and crooked
Should we be too concerned some thief stood in front of a train and why is it being covered up?
This is getting very dirty stuff coming out about the Crown Office if it had been any other country there might have been some arrests by now because its obvious corruption going on.
I am beginning to get the feeling someone in an important position is being protected here with all this effort to deny everything.Anyone agree with me?
Looks to me like there's not many hones folks in authority over there!
"his own prosecutors who refused to prosecute AN ENTIRE CLASS OF CRIME spanning SIX YEARS involving legal colleagues accused of systematic fraud running into millions of pounds of public funds"
Easy solution to this :
Charge the prosecutors with corruption or is there a lack of admissible evidence again?!
Given Mr MacAskill appears to be content to sweep the 14 cases under the carpet I think Mr Lamont should now be calling for a full investigation by the Scottish Parliament.
entirely predictable people will view this obscene cover up as corrupt i dont know what MacAskill thinks he is playing at supporting these legal aid leech lawyers
It is little surprise that the Crown Office are again compromised when the former Lord Advocate Angiolini refused to answer the FOI Commissioner`s request as to who paid Levy & McRae, in the attempt to gag the press over the Hollie Greig case.
I'm surprised MacAskill was stupid enough to defend the Crown Office over the 14 cases.He must be as bent as them to think anyone will really believe as you said "an entire class of crime" was refused for prosecution because of a lack of admissible evidence with the crimes being committed by lawyers.
What an indictment of Scots Law.
MacAskill and those crooked Crown Office idiots would rather jail a pensioner than send 14 of their crooked colleagues to jail for thieving millions.CROOKED!
http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-15137112
Prison release for 1960s River Don poacher Stan Murray
A 78-year-old man from Aberdeen who was jailed for breaching a court order dating back four decades has been released from prison.
Stanley Murray was banned from a section of the River Don in 1968 for poaching.
In recent years he had been campaigning for the order to be lifted so that he could walk along the river.
He spent eight nights in Craiginches jail. The prison service said it did not comment on individual prisoners.
Murray was jailed for three months at Aberdeen Sheriff Court on 23 September after admitting breaking the 43-year-old interdict.
The decision to send him to prison was criticised by North East Labour MSP Richard Baker, who said a jail term was not appropriate.
I thought we were supposed to be saving money instead of letting these thieving bastards make off with the legal aid?
I tell you Peter this is a huge scandal you exposed and clearly it affects a lot at the top who probably benefit from allowing this stealing to go on.Why else would MacAskill come up with rubbish like that to explain away his lawyer pals being saved from criminal charges.
Further evidence, if any were needed, that Scotland's so called 'justice' system is fit only for a Banana Republic - and that is the way Salmond, McAskill et al intend to keep it.
Hmm
The Lord Advocate should be questioned by msps about this and why is it taking so much time to do something about it? ITS THEFT/FRAUD!
The fact is your Justice Secretary looks & sounds like a crook trying to justify a lack of prosecutions against the content of that S31 report you managed to get your hands on.
Very good work Peter.
As I've said before - due to MacAskill threatening to pull the funding for the Supreme Court maybe the Chancellor should pull the funding we are obviously wasting sending up for Mr Salmond to give away to lawyers via legal aid fraud and then see who cries foul?
Legal Aid fraud is getting a big press in England and we are trying to deal with it.Scotland clearly is not!
Its not all bad.I think you've probably done a far better job than the Crown Office,SLAB or even the Police could do.After all you involved MacAskill himself and got that statement which puts him in the frame along with the crooked Crown Office for letting these lawyers escape justice.
Hats off to Cherbi you are a bit of an ace reporter!
Christ, the Head of the Law Society in England and Wales calls Rick Kordowski a criminal. Perhaps Mr Hudson would like to comment on this scandal.
Mr MacAskill’s bizarre letter continued, supporting the Crown Office decision there wasn't enough evidence to prosecute any of the fourteen cases of lawyers stealing legal aid.
We know Kenny, it is called Legal engineering where those that run the system can enginneer any outcome they want.
MacAskill : If you feel the Crown Office closed ranks to protect one of their own and a bunch of lawyers, fill out an online feedback form.
===============================
Good idea MacAskill, then my unemployment benefit will be stopped, I may be arrested for nothing by a police force controlled by lawyers.
Lawyers are so honest I can see the halo above their heads. We know what you and your Crown Office goons are Kenneth.
Mr Lamont continued : “Any suggestion of impropriety or fraud must be treated very seriously indeed. Not only does this behaviour take valuable resources away from those who really need it, but it also undermines the integrity of the legal profession in general.” WHAT INTEGRITY?
Secret deals struck between the Law Society, Legal Defence Union & Scottish Legal Aid Board behind closed doors ensured lawyers suspected of legal aid fraud were never prosecuted.
HOW CAN SCOTLAND HAVE A JUSTICE SYSTEM WHEN THIS IS CONDONED. MACASKILL IS AN ASS OF A JUSTICE MINISTER.
ADMISSIBLE EVIDENCE, IF THIS WAS ABOUT 1400 LAWYERS THERE WOULD NEVER BE ANY PROSECUTIONS. THEY ARE ABOVE THE LAW BECAUSE THEY ARE THE LAW.
This is the reason web sites are against lawyers because they can do whatever they want to people.
Graduate scum is what they are.
Depressing to know these people can get away with this. Some world we live in, thanks for letting the public know Peter.
Stealing is legal when lawyers decide on admissible evidence. This is a man who states "Scotland owes a great debt to the legal profession". The criminals he has cleaning up estates are more honest than these hoods. Scandalous but not shocking, lawyers are bad people to the bone.
Who monitors the lawyers? Lawyers, and this is the result. It is legal to steal taxpayers money because the thiefs are a favoured minority.
These people are making a mockery of the word justice Peter. That MacAskill rascal, if six million lawyers fiddles legal aid he would say no admissible evidence (because it is buried) Kenny.
Would you spring to the defence of members of the public on the Legal Aid fiddle Kenny?
Prison release for 1960s River Don poacher Stan Murray
A 78-year-old man from Aberdeen who was jailed for breaching a court order dating back four decades has been released from prison.
Stanley Murray was banned from a section of the River Don in 1968 for poaching.
In recent years he had been campaigning for the order to be lifted so that he could walk along the river.
He spent eight nights in Craiginches jail. The prison service said it did not comment on individual prisoners.
Murray was jailed for three months at Aberdeen Sheriff Court on 23 September after admitting breaking the 43-year-old interdict.
The decision to send him to prison was criticised by North East Labour MSP Richard Baker, who said a jail term was not appropriate.
==================================
As a flyfisherman I cannot condone poaching but is it obvious that fourteen Legal Aid poachers are off the hook, MacAskill is not much of a bailiff when Legal aid poachers rob taxpayers. I agree with Mr Baker on the above but MacAskill should be jailed for the medacious chap he is.
“If the Justice Secretary feels the Crown Office acted responsibly or impartially in refusing to prosecute all fourteen cases involving solicitors accused of legal aid fraud who were the subject of lengthy and costly investigations by the Scottish Legal Aid Board, he is living in a world of his own.”
Rejecting reality is what I expect from MacAskill, no lawyer is ever wrong, that is the way they are.
The Scottish Legal Aid Board (“The Board”) takes its responsibility to detect fraud and abuse of legal aid very seriously and carries out a wide variety of work to prevent it in the first instance. The Board’s Solicitor and investigations Unit interrogates internal systems and through analysis of applications received and accounts submitted for payment, or paid, identifies irregularities that may point towards potentially fraudulent activities. (MENDACIOUS CROOKS, IF THIS WAS FOURTEEN JOE BLOGGS IT WOULD BE IN THE PUBLIC INTEREST TO PROSECUTE). (MACASKILL HAS NO HONOUR, JUST LIKE THE LEGAL ESTABLISHMENT IN GENERAL). If the information gathered and further investigation work carried out amplifies concerns, then the Board engages, at an early stage and at a senior level, with the Crown Office and Procurator Fiscal Service (COPFS).” (THE LATTER HAVE HAD CHARGES DROPPED TOO).
THE JUSTICE SYSTEM IS BASED ON DIFFERENCE, NOT EQUALITY AND AS SUCH IS CORRUPT.
MacAskill in his television appearences never talks about lawyer corruption. The Crown Office are self regulating, as the results prove once again.
Justice Secretary’s discredited defence for Crown Office in 14 legal aid fraud scandals as links between accused lawyers & Scots crime agencies emerge.
This man is antijustice, not fit to be involved in a justice system. Like most lawyers he believes the system must protect lawyers. He should resign if he has a shred of honour in him.
People wonder why lawyers are so corrupt, here is the answer. They can do no wrong, a faction covering each others backs.
Who monitors the prosecuters?
“A lack of admissible evidence.” Ah Mr MacAskill, you really look like a bufoon now. Who decides this? Lawyers of course. It stinks to high heaven.
How is it NOT in the public interest? Not prosecuting is in the legal professions interest. A cohort of organised criminals purporting to be a justice system.
You would never defend an ordinary member of the public Mr MacAskill in the same circumstances. The legal system is there to protect lawyers, and this is evidence that the complete system is as bent as the back road to Argyle.
Mr John Lamont MSP (Scottish Conservative).
I stopped voting Mr Lamont because I am convinced the Scots made a massive mistake voting for the SNP. I am a Scottish Unionist and my experience is that when a self regulator is corrupt the legal system shuts down, there is nowhere for a client to obtain justice against this legal oligarchy backed by corrupt MSP's like MacAskill. I have no faith in lawyers, doctors, MSP's and the complaints channels that are so called legitimate.
As John Rawls noted in American politics powerful financial groups bribed congress to shape policy in favour of the financiers. The same is happening here, MacAskill's mafia control the MSP's who water down legislation aimed at protecting the Scottish public. It is a banana republic indeed.
I would be delighted to read your comments should you wish to post them on Peter's blog?
MacAskill loves lawyers so thats why hes backing no prosecutions.
“In the case of Niels Lockhart, Mr MacAskill and the Scottish Government were well aware both the Legal Defence Union & Law Society of Scotland delayed the case for four years to prevent SLAB’s S31 complaint relating to Niels Lockhart going ahead to a full hearing at the Law Society and any subsequent report which may have been sent to Scottish Solicitors Discipline Tribunal or the Crown Office.”
Criminals that is the only way to describe this lot.
Salmond was rambling on about the MP's expenses scandal. but lawyers stealing legal aid and no admissible evidence. Our first minister will not comment on that will he? He highlights difference if he can gain political points from it and ignores it when it is Scottish lawyers on the fiddle. Typical politician.
Some justice when this is the reality. If they get away with this it is no shock clients get such a raw deal.
Lawyers love lawyers and cannot bear to see each other prosecuted.
Evidence what a word, if you are a lawyer stealing money other lawyers cannot find enough evidence.
If you are a member of the public stealing money evidence will be clear enough. Again who decides what is admissible evidence in the courts. Lawyers. So as well as exonerating each other they have the ability to stitch people up. Rough justice I call it.
While our jails keep filling with young men and women whose property offences amount to nothing like the extent of something such as this, when our schools and hospitals on their impoverished budgets have to account for every single penny spent in their desperate attempt to hold together the fabric of a decent society, those in high offices of government act with impunity.
Scott Veitch, Reader in Law at the University of Glasgow.
Yes Scott I agree. MacAskill's legal mafia have done it again, 14 lawyers, not enough evidence, what kind of country are we living in.
A lack of admissible evidence, fourteen times? MacAskill you are making a complete fool of yourself. Does your drive to protect your colleagues overcome your common sense? I think you need to take a reality check.
MacAskill has some nerve backing the Crown Office after his party tore the sh*t out of it during their time in opposition.
Double faced.How they change once they get into power.He's obviously realised COPFS is a great weapon to use against your opposition,critics etc while keeping his buddies in their cushy & crooked jobs.
'IN THE PUBLIC INTEREST' and 'JUSTICE'
99.9% of our Nation believe what YOU believe these words mean.
However, Kenny McKaskill, Elish Angiolini, Frank Mulholland and Crown Counsel apply a very different and twisted version of the above. (Even although they have sworn an oath to god and to the Queen to serve the public according to the law)
Howevr, Nepotism, Opportunity, Self-Interest, Power, Corruption and yes Greed have all had a part to play in them changing their application of the meaning of these legal definitions over time.
'Justice' - Changes From - Justice according to the rule of law - To - Justice according to how we wish to take a view of the law at any particular point in time regardless of the facts of the case.
'Public Interest' or sometimes 'Public Interest Test'- Changes From - Giving due consideration for the rights of the wider community - Changes To - If there is something we need to suppress, which would damage us in the eyes of the public then this would not be benefitial for the wider community to find out.
Thereby, the Lawyers who have enveigled their way into positions of power and influence can abuse the majority with impunity by acting 'above the law'
The Arrogance of McKaskill tells you all you need to know.
'Just fill out an online complaints slip to COPFS'. You can be sure these complaints will not even be read and they will be laughing at our expense over their tax payer funded red wine fuelled £55 lunches.
Yet it is we who are at fault for having such lax systems in place.
In 2011, it is no longer acceptable for blatant corruption in Scotland.
If the Non-Prosecution of Lawyers by Elish Angiolini and Frank Mulholland would risk undermining faith in the system then 'Good'
Good, because it is those Public Officials who have caused the bad faith.
Get the ROTTEN ones out and keep getting the ROTTEN ones out until we reach the good ones, even if we have to go through a hundred Lord Advocates.
We cannot tolerate a Society without at least the very basic institutions on a sound footing.
We cannot have the leading prosecuters as Lyers and Cheats.
Is it not irregular to have the SLAB (Lawyers) reporting Fraudulent Lawyers to an unaccountable body of Lawyers COPFS.
Surely if a crime has been committed it is reported to the police and the police then the police can investigate the perpetrators and use powers of arrest, seizing of documents etc.
Is not cicumventing the police a deliberate ploy to pervert the course of justice and to apply the law differently to Lawyers than to everyone else?
How deep does this corruption go?
Given the money involved, it is inconceivble, if not highly suspicious (especially as the lawyers have been caught out committing fraud alread) that there money has already changed hands between the guilty Lawyers and the Prosecuting Lawyers ie that they offer immunity for prosecution for payment.
At the very least, Responsible and Clean Polititions would be expected to be calling for the Fraud Unit Police to investigate just in case.
However, it is highly suspicious for Kenny McKaskill to luagh it off.
Lets get the police in there and lets back them to the hilt to prosecute these criminals regardless of there Office.
Make no mistake this is a Legal System Scandal that is symptomatic of the unchecked corruption at the heart of Scottish Civic/Judicial Society.
As Alex Salmond's little helpers would be advised to draw to his attention before it is too late (and we know you are watching).
When you sell your soul to the devil on the understanding that when the time comes the devil will deliver to you what you want, don't be surprised what you get.
But remember You are Selling ALL OF OUR SOULS TO THE LAW SOCIETY and their apolgists too.
You see, when we get to the stage of Actually Separating, OUR Lawyers will be negotiating with THEIR Lawyers and the legal division will rest with what is written down and agreed on a bit of paper.
BUT unfortunately, OUR side are not really OUR side at all. Their alliegiances lie with their Lawyer Colleagues and unless you knock OUR LOT back into your cocked-hat before the negotiations begin, then WE the Scottish People will be Scorned and your legacy will be something the equivalent of Guy Fawlkes.
You have the opportunity to become a true leader, instead of being considered by the legal power brokers as a humerous, self arrogant, complacent, sleep-walking puppet.
Thanks for all your comments, emails and several unpublished tips relating to this article.
I share the concern of you all regarding what is without doubt, blatant corruption within the Scots justice system.
There is now very clearly one law for lawyers and another for the rest of us, particularly it seems when it comes to legal aid fiddles.
It is just not possible in an honest system that an entire class of crime spanning six years and involving charges against solicitors can result in not one case going to court due to "a lack of admissible evidence".
If any of you or anyone you know who is receiving legal aid in a case where there it may be the solicitor is taking the client and the taxpayer for a ride, please contact me via the comments section or my contact details on the main page.
Staggered to read all this I never thought Scotland's legal system was full of corruption but here we have it laid bare for all to see.
This must be why the tourist agency sticks to tartan & bagpipes.Dig any deeper and its as crooked as anywhere else and then some!
If the Scottish Parliament wont do anything and there is now obviously clear evidence of fraud then how about asking Westminster to step in?
This is taxpayers money we are talking about which these fraudsters are getting away with stealing.Something must be done about it!
I am going to write to my mp because I think msps are a complete waste of time
This has the potential to affect every lawyer working on legal aid,little wonder its not being reported in the press.
Agree,
MacAskill's claims in the letter to John Lamont do not add up if you read through the SLAB report on Lockhart and then imagine how the rest of the reports to the Crown Office were like.
Corruption without a doubt.
Glad my work day is drawing to a close.
We spent all afternoon debating how dangerous Cherbi's exposure of legal aid fraud is to the rest of us.The conclusion was "very dangerous".
What will you do if more solicitors stand in front of trains to get out of being prosecuted?
I'm beginning to see why Scottish lawyers are famed for being crooked!
Well Peter I am 100% fully convinced now someone is being paid a lot of money to keep these scandals out of the newspapers & tv news.
Its just incredible to think all these cases were put to sleep on a lack of admissible evidence and there's not one mention of it anywhere else but here and all backed up by your own FOI investigations etc.
Some pars of the media as well as all the political parties have a lot to answer for keeping the Law Society in power as they do.
Are we finally seeing evidence that Scotland is a Pariah State?
Why are our tabloid newspapers not full of this legal crisis.
This criminal behaviour should be exposed and discussed on Newsnight Scotland every night, instead of us having to listen to Crown Office pandering scripts and inuendos by Scottish Newsmedia propagandists about the possibility that Megrahi may have been involved in the the Lorkerbie Bombing afterall.
That would be the the biggest ironic coincidence of the Century for the Crown Office.
Go Figure...
It would be interesting to know what the rules are with respect to making a citizen arrest under common law?
My understanding is that you cannot detain them (other than to transport them to a gaol)
That reasonable force can be used, if they resist citizen arrest (i,e put their arm up their back)
Also I believe you need to tell them the reason for the citizen arrest (but their conscience should have prepared them for this in any event)
If the Police are impotent and the Crown Office are corrupt then it must be open for a law abiding citezen to make a citizen arrest and to submit that person to the nearest Court/Police Station cell because it is not as if we do not know who was ultimately responsible for prosecuting these criminal lawyers but she chose to let her colleagues off?
Some clarification would be helpful?
Just a thought...
What are the Scottish Parliament's Justice Committee doing about this legal scandal?
What have they been doing for the past 10 years?
What positive difference has the Legal Profession & Legal Aid (Scotland) Bill 2007 had for the Scottish people?
Answer: Nothing.
Reason: The Justice Committee are toothless, weak and subserviant to the Law Society of Scotland, who rammed through over a hundred changes the night before the final Parliament vote, in their own vested interest and in the interests of their crooked lawyer members.
Shameful!
Who among you has back-bone enough to care?
The truth of it is that all of you think that you don't feel that you need to care ENOUGH about the Scottish People you are supposed to serve because you do not have to be responsible ENOUGH for each decision you make.
What you need to understand though, is that this slack-attitude does not make for a Great Nation.
It does not inspire people.
It does not encourage the pursuit of excellence at all times.
What it does do however, is have Scotland sleep-walking towards being a defunct, morally and financially corrupt State, which seems to be exactly the path we are fixed on.
Wake-up Alex Salmond, ditch the gravy slurping Lawyers who patronise your ego, whilst they are sucking-up your soul.
Contrary to Scottish media propaganda, listening to scores of luminaries in legal circles from around the globe, Scotland is regarded as a rotten, archaic, victorian, perfidious and spiteful laughing-stock of a judicial system and it it almost inevitable that serious endemic institutional corruption at its core would need to be cauterised first before the diseases system can grow again renewed.
I just remembered out with the Legal Aid non prosecutions, what about the lawyers who were involved with the stolen paintings and got let off and if I remember correctly the supreme court judge said that the poor lawyers were overwhelmed by the sums of money and acted out of character. Yeah right.
Well you know how it is everyone the Law Society can do no wrong in the eyes of a certain broadcaster and not so popular east coast rag.
There is an upside to this lack of publicity in the mainstream press as most people either dont buy it dont watch it or dont believe it now and they come online to find out the truth about what is really going on in this kinds of coverage so keep up the good work Mr Cherbi be in no doubt many people with an interest in law are reading your blog because you report how it really is not how they want us to think it is!
Yet the Scottish Govt are willing to accept evidence most would class as inadmissible in a court in the case of Megrahi and Lockerbie.
Kenny should have said "He who fits up the evidence calls the tune"
Anonymous said...
Glad my work day is drawing to a close.
We spent all afternoon debating how dangerous Cherbi's exposure of legal aid fraud is to the rest of us.The conclusion was "very dangerous".
What will you do if more solicitors stand in front of trains to get out of being prosecuted?
3 October 2011 17:08
mmMMmm I'm over the moon to hear Peter is very dangerous to lawyers.
As for the train thing.Well think about the rest of the people and the driver on the train before doing something stupid like that.You know they ought to charge the families of these criminals who do this type of thing going off and endangering other people's lives just because they want to off themselves instead of winding up behind bars where they belong.
Seeking a job which offers the opportunity to engage in corruption, hypocrisy, duplicity?
Joind the Scottish Legal Profession now!
"KENNY MACASKILL, Scotland’s Justice Secretary has now told a Holyrood msp he backs the Crown Office refusal to prosecute any of FOURTEEN LAWYERS who swindled MILLIONS OF POUNDS in taxpayer funded legal aid because there wasn't enough evidence in each of the cases, and that just as the Crown Office had said, it was not in the public interest lawyers be hauled before the courts on criminal charges."
If Salmond had a shred of honesty he'd sack this idiot immediately for his backing of the crooked Crown Office but yet again it serves to remind us how these people hold power and hold onto power.
I bet there were a lot of backhanders flying around the lawyers on this one to get their pals off the hook.Brown envelope city just like with the trams et all!
This refusal to prosecute will be as much to do with what kind of cases this Crown Office staff member was involved in as it is to do with the fact the 14 reported by SLAB are lawyers.
There is something very rotten at the heart of our justice system and MacAskill is shielding it.I have an idea WHO and WHY although I'm not prepared to put it in a comment just yet but I'm sure others are thinking the same.
Your investigation has exposed serious corruption with lawyers at the Crown Office protecting their own.Good work.
Corruption is OKAY with Kenny when it gets lawyers off a charge pure & simple.
So if its OKAY with Kenny it must be OKAY with Alex.
Go think about that before you all vote for this bunch who protect criminals stealing from the public purse.
It is worth pointing out that there could be an alternative explanation for the Lord Advocate not wanting to prosecute her lawyer colleagues and for Kenny McKaskill eager to bow in obeyance to his masters (the Law Society of Scotland).
That is, where there was a climate of rancour and dispute over the availability of hard Criminal Legal Aid Cash payouts (in a climate of Departmental cut-backs)between the Government, SLAB and the Law Society, where the Glasgow Bar Association were crying foul because certain solicitors cases' received favourable amolumets in excess of the agreed figure.
If such a system was to be an agreed practise between the Government, SLAB and the Law Society, then in their eyes everyone was a winner, especially if no-one squeeled.
However, the trouble with absolute power is that it corrupts absolutely and the heady icy crystal fumes of power went to the Law Society Office Bearers Heads when they usurped their Glasgow Bar Lawyer Colleagues.
How Ironic then, when they had designed their own sneaky game of pass the parcel with a bomb of their own making and now someones turned the music off.
From what I hear the lack of coverage in mainstream media is more to do with the CO threatening journalists & their editors who give them adverse coverage.
I imagine a few legal aid crooks will be reading this now and wondering when their turn is coming.
SOON I HOPE!
Funny how all this about Lockhart comes to light just because you start looking into it.I took a look at SLAB's initial press release and no mention of any of this.It strikes me both SLAB & the Crown Office are not up to the task of prosecuting these thieving lawyers because the Law Society exerts too much control over both of them.
Sort of like one Mafia gang controlling the lot and well all three are stuffed with lawyers so there's no chance of independent thinking going on.
You could say they are on a common purpose to protect bent lawyers from losing their jobs.
What's the latest on this?
Apparently the Crown Office are worried you are going to do them again so there must be another scandal brewing?
Rotten to the core.If this happened in England the press would have to be all over it.
I hope there is not going to be a repeat of granny's (plural) turning in their graves, as a result of those with a case to answer swearing on their poor grannies that they knew nothing of the unlawful inrichment being operated through the Crown Office by their Lawyer colleagues?
Thanks for your continuing comments, emails & suggestions regarding this article and the issues featured.
One comment posted late Wednesday has not been published as there are details I would like to include in an upcoming article where new information on the case and those within it will be reported.
Be assured this reporter will report the facts and not be frightened off by those whose vested interests are clearly against the public interest and indeed against the interests of justice.
My lawyer dropped legal aid after 2 years in meetings and promising a court case how do I do something about this?He's now trying to charge me 250 a meeting and I dont have it and he said the Lega aid people told him to get rid of me if I dont pay him private
The honest thing to do here would have been for MacAskill to say he was going to make enquiries about it at least rather than a blanket backing of the Crown Office although I think we can take it from this he knew all along and said nothing just like the Crown Office,Lord Advocate & SLAB.Am I right?
Not much of a Justice Minister is he when it comes to impartial prosecution of his own colleagues in the legal profession.
One question only really...
Are Scottish lawyers above the law?
I was intrigued by your Report Mr Cherbie. You truly are one of Scotland's peoples champions.
It seems to me that we are funding the lawyers pay through taxes, as they are funded through the Scottish Legal Aid Board.
It seems to me that the lawyers, Law Society of Scotland and Crown Office Lawyers in the balance of things are doing far too much taking rather than serving.
What really angers me is that the Lord Advocate/McKaskill can so effortlessly and with supreme arrogance seek to lie to the Scottish people, knowing that there will be no repercussion for doing so.
I have no doubt MacAskill knew about the 14 being let off the hook all along and said nothing about it until you started poking around.
Good stuff Peter this is a major scandal and there are probably more of the same waiting to be uncovered!
Anonymous 10.34 today. Report your crooked solicitor to the Police and insist on a Crime Number for embezzlement. Report them to your MSP and ask MSP to write to the law society to put them on Legal Notice that if they fail to act they risk being charged with Negligence under the Solicitor (Scotland) Act 1980.
MacAskill is supporting criminals he may as well give them the SNP's award for legal achievements haha
Kenny Macaskill was today providing his favoured solution for the shortfall in the Scottish Legal Aid Fund. (At least part of the reason for the Fund's shortfall being that his Lawyer colleagues have got sticky fingers).
MacasKill's solution is to let legal students loose on the Scottish public, to save claims against the Scottish Legal Aid Fund.
Does this man drink tea with a spoon?
If there was ever to be any evidence of the mindset of a lawyer, here we have it...
Just how long did he consider if this decision would be the best solution for the Scottish Tax Paying Public (Remember, the people who are paying for the Scottish Legal Aid Service?)
Or, is it to be part of the legal student's training in the reality of becoming a Scottish Solicitor to give the client advice, then sit-back and watch as it goes all horribly wrong for the client and then shrug their shoulders, knowing that they will have no consequences for their wrong advice?
Come to think of it, that would reflect the reality of the Scottish Lawyer Profession and would probably be a worthwhile learning outcome for the legal student, so they should be up-to-speed, ready to cause carnage as soon as they qualify!
Maybe Macaskill really is a machiavellian mastermind?....
Is there not such a thing like a Facebook page or website where we can vote on the performance of these public Office Bearers to reflect what we the Scottish People think about these unaccountable nupties?
Nice.If they have been letting lawyers off with stealing legal aid I'm willing to bet there are lawyers who avoided prosecution for even more serious offences probably a few sex crimes too which seems to be typical of Scotland's legal profession?
'Steve Jennings (Motherwell FC Footballer) faces 10 years imprisonment if found guilty of bets fraud', reports a Scottish online newspaper.
I am sure the Crown Office will stand on his throat and prosecute if thre is the slightest chance of a prosecution.
Contrast that with the 14 Fraudulent Scottish Lawyers (according to SLAB).
No Prosecutions.
No Headlines.
Keyser Soze
Any normal person reading the letter from Kenny MacAskill to John Lamont is going to think lawyers have a blank cheque to steal legal aid.
You did right exposing this scandal although I doubt much can be done under the SNP-Law Society dictatorship.
I think you can take MacAskill's letter to the msp as an admission of guilt.
Clearly the Justice Minister felt he had to step in and calm the situation before someone brave enough in that ridiculous Scottish Parliament demanded answers on the Crown Office siding with the fraudsters.
Its an incredible scandal really,I'm surprised there has not been any further headlines about the relationship with the fiscal & the one accused of stealing who also escaped jail.
Lawyers cannot be trusted to investigate their own colleagues we all know it yet television seems to sidestep this issue all the time not just this scandal about lawyers being let off stealing from taxpayers with the Justice Secretary coming out himself to defend it all.
Isn't this just sick?
WHAT ON EARTH ARE THE POLICE DOING ABOUT ALL THIS?
THEY SHOULD BE BARGING IN THROUGH THE DOORS OF THE CROWN OFFICE WITH THEIR SIZE TENS ON!
The problem here is the Crown Office have the final say so no charges against this lawyer or any of the others who were accused of stealing legal aid.
The Police knowing this are either too cowardly to go charge the lawyers straight away or they already had orders not to and those orders must have come from the Crown Office.
My point is there are plenty people charged each year yet their cases never make it to court so why does this not even happen when it comes to lawyers and legal aid going missing?
Clearly the lawyers are looking after each other no matter where they are.
The Crown Office clealy consider themselves to be above the law.
Acting above the law and without scrutiny allows them to pick and choose which case gets prosecuted and which case gets let off un punished.
Thereby, what is the point in having Judges and Jurys?
Since they are unaccountable, how far does the defeating the ends of justice go?
Does the special treatment extend to friends & families, friends of friends or are they influences by cash or gifts.
It may need the unusual intervention of a Scotland Yard investigation before the truth comes out about how deep this crime corruption goes.
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