Monday, May 27, 2013

SILENT RUNNING : Six weeks of ‘Victorian’ silence from Scotland’s top judge after MSPs request Lord Gill to reconsider refusal to attend Holyrood to answer questions on register of judicial interests

Larger on the Orient Express : Lord Gill stonewalls Scottish Parliament over judge’s vast secret financial interests. ALMOST SIX WEEKS since Scotland’s top judge, Lord President Lord Brian Gill was asked by MSPs from the Scottish Parliament’s Public Petitions Committee to reconsider his bitter opposition to attending Holyrood to answer questions on a proposal to create a register of judicial interests, the Lord President has apparently yet to find time between international travel commitments to give a written response to Scotland’s elected Parliament.

The second invitation from the Scottish Parliament to Scotland’s most senior judge to attend Holyrood was issued after Lord Gill earlier refused to attend the Petitions Committee to discuss issues raised in Petition PE1458, reported here : Scotland’s top judge Lord Gill refuses to attend Scottish Parliament to face questions over opposition to register of judicial interests

Petition PE1458: Register of Interests for members of Scotland's judiciary which was debated again at the Public Petitions Committee on Tuesday 16 April 2013, calls for the Scottish Parliament to urge the Scottish Government to create a Register of Pecuniary Interests of Judges Bill (as is currently being considered in New Zealand's Parliament) or to amend present legislation to require all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests.

Diary of Injustice previously reported in mid April that the Scottish Parliament’s Petitions Committee issued a statement on Friday 19 April, reporting that Lord Gill had been asked to reconsider his decision not to appear in front of the Scottish Parliament’s Public Petitions Committee in a letter issued by Convener David Stewart MSP on behalf of the Committee. The invitation asks Lord Gill to reconsider his decision not to attend the committee to discuss petition PE1458, which calls for legislation to be put in place to require all members of the judiciary in Scotland to submit their interests and hospitality received to a publicly available register of interests.

Committee Convener David Stewart MSP said: “As a Scottish Parliament committee, our job is to fully examine the petitions before us and explore the issues involved.Only by doing this can we ensure that we exhausted every possible avenue in taking a petition forward. To do this without hearing from the Lord President in person would be difficult. That is why we are disappointed that Lord Gill has felt unable to attend a committee meeting to discuss these issues fully. We have written to Lord Gill asking him to reconsider his decision in the hope that our committee can have a full and frank discussion of the issues.”

MSPs letter to Lord Gill requesting he attend Scottish Parliament. The text of the letter sent by Convener of the Petitions Committee, David Stewart MSP to Lord Gill states : “Notwithstanding your response, the Committee still feels it would assist its consideration of this petition and aide its understanding of the issues raised were you able to make yourself available.  The Committee can see benefit in being able to explore with you orally the written evidence provided. By way of example, we note that to your knowledge no situation has arisen, within your tenure as Lord President, where a judge has failed to recuse him or herself. Would a central record be kept of any such instances and if so, are you able to provide any information on the numbers involved? I and the other members of the Committee would be most grateful if you were able to reconsider the invitation from the Committee to attend in person.”

Diary of Injustice reported on an earlier meeting of the Petitions Committee on 5th March 2013 where MSPs initially invited Lord Gill to attend Holyrood, here : SILENCE IN COURT : Scotland’s top judge Lord Gill summoned to Parliament over ‘vested interests’ attempt to block Register of Judicial Interests petition and video footage of that earlier meeting is also available online here : Petition PE1458 Register of Judges Interests 5 March 2013 Scottish Parliament.

All previous reports from Diary of Injustice and further information on the drive to create a register of interests for Scotland’s judiciary can be viewed here : A Register of Interests for Scotland's Judiciary

JUDGES ABOVE THE LAW - PETITION SEEKS TRANSPARENCY IN COURT WITH REGISTER OF JUDICIAL INTERESTS BACKGROUND :

Courts Judges Scotland montagePetition PE01458: Register of Interests for members of Scotland's judiciary calls for the Scottish Parliament to urge the Scottish Government to create a Register of Pecuniary Interests of Judges Bill (as is currently being considered in New Zealand's Parliament) or amend present legislation to require all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests. Diary of Injustice has featured coverage of the petition in earlier reports, Register of Interests for Judges.

The petition also features references to debate in the Parliament of New Zealand who are considering legislation to create a register of interests for the judiciary. It is time for Scotland to move in the same direction and create a similar register of interests for the judiciary of Scotland and all its members, increasing the transparency of the judiciary and ensuring public confidence in their actions & decisions.

The full details of the New Zealand Register of Pecuniary Interests of Judges Bill, should be looked at for a model of similar legislation in Scotland, can be viewed online here  Register of Pecuniary Interests of Judges Bill.

The New Zealand Law Commission’s discussion paper on a register of judicial interests which recommends further inclusion of court staff in a register of interests, can be downloaded here : NZLC IP21 - Towards a New Courts Act: A Register of Judges pecuniary interests? (pdf)

In comparison to New Zealand’s effort to ensure transparency in the judiciary, Scotland’s judges and the Scotish Government have, unsurprisingly backed away from any similar measures, even concealing criminal charges and convictions of Scottish judges, where in one case a Scottish judge was charged with fiddling benefits claims, exposed in a Diary of Injustice investigation into Judge’s financial fiddles, here : CAREER CROOKED : Investigation reveals Scottish judges are CONVICTED CRIMINALS, Drunk Drivers,Tax Dodgers & alleged BENEFITS CHEATS

The on-going investigation by Diary of Injustice into members of Scotland’s judiciary has already revealed a series of judges appear to be involved in OFFSHORE TAX AVOIDANCE schemes, associations with convicted criminals & organised crime, prostitution rackets, accepting hospitality & payments from well known corrupt solicitors representing dodgy law firms while others on the bench are engaging in questionable investments & duties which appear to be in conflict with their positions as members of the judiciary. More on these findings can be read in an earlier article here : Offshore trusts, property holdings, insurance syndicates, hospitality from dodgy lawyers, yet no plans for a register of interests for Scottish judges

32 comments:

Anonymous said...

I suppose he is too busy flying around to show up and face the music!

Anonymous said...

It seems Lord Gill is adopting the 'say nothing and hope it goes away' tactic.

Time now for the Committee to write again and suggest any continuing failure to answer their second invitation by a given date will be taken to represent a refusal.

Anonymous said...

Odd how such a simple question over the judge's interests has stumped the great Lord Gill and his merry men in the judiciary..

Lots to hide clearly

Anonymous said...

Perhaps the benefits cheat judge could explain to parly what he was up to breaking the law and then getting his pals to cover it all up

Anonymous said...

Larger on the Orient Express : Lord Gill stonewalls Scottish Parliament over judge’s vast secret financial interests.''''''''''''''''''Is this a dictatorship, the parliament whose members have been elected cannot force this guy to attend? Where does his power come from if it is not the people of Scotland. What we have is a legal dictatorship who are not answerable to the people they serve. He is up to his neck in secrets that would sink him that is why he is silent. In truth he is not fit to be a judge is he wants everything kept secret.

Why was legislation ever made Law which exempted the Judiciary from scrutiny before parliament? This in itself beggars belief.

Anonymous said...

So he refuses and that is it. He answers to no one then.

Anonymous said...

Big fail for the judges on this one and good work getting this scandal into the public eye!

Anonymous said...

Lots of discussion about your petition in the profession,Mr Cherbi.Someone told me several judges are trying to divest their assets in a hurry.I am sure you will be aware of this given your thorough investigation of the subject.

Anonymous said...

A profession ring-fenced by themselves. Perfect model for corruption.

Anonymous said...

God help us if Scotland goes independent with a judicial dictatorship like this bunch of judges on the take and with criminal records to boot!

Anonymous said...

The fact they are not divulging their interests simply means they have been handing out sentences when there has been a clear conflict of interest and have erred in favour of these interests. FRAUD thats what it equates too. A deadline should be put in place and if they are not going to cooperate they should be made to resign their post with immediate effect.

Anonymous said...

His silence is deafening.

Anonymous said...

Anonymous said...

Lots of discussion about your petition in the profession,Mr Cherbi.Someone told me several judges are trying to divest their assets in a hurry.I am sure you will be aware of this given your thorough investigation of the subject.

27 May 2013 20:00

Yes we can all imagine what the judges will be doing to avoid disclosing all their interests!

They are no different from criminals and drug dealers getting rid of their money before a trial or prosecution comes along to get them.

Anonymous said...

If judges are hiding their assets to avoid this register of interests then what is the difference between a judge and someone like this http://www.dailyrecord.co.uk/news/scottish-news/businessmen-have-922k-assets-confiscated-after-1114791

TWO crooked businessmen have been ordered to hand over almost £1million after losing the longest dirty money court case in Scottish legal history.

Maybe the judges should give back all their dodgy interests and accumulations to the cashback for communities http://www.scotland.gov.uk/Topics/Justice/public-safety/17141/cashback

Anonymous said...

Why is it taking so long to make this law when everyone with a thought in their head knows it should be law?

I think these judges have gotten used to telling us what to do while doing something else behind our backs and this is one of the reasons the courts system is so corrupt and biased in favour of lawyers and their pals.

Anonymous said...

Personally I doubt Lord Gill will show up at the parliament and I wouldn't be surprised if a damage limitation exercise is now in play to prevent any register of interests going ahead.Remember these are powerful people with much to hide and family members in key positions in the profession they will not want to disclose in a published register otherwise people will realise the entire courts system is run by families who clothe themselves in secrecy to make ends meat out of the most vulnerable in society.

Anonymous said...

This is what they mean when they refer to 'silence is Golden'

Anonymous said...

Anonymous said...
Lots of discussion about your petition in the profession,Mr Cherbi.Someone told me several judges are trying to divest their assets in a hurry.I am sure you will be aware of this given your thorough investigation of the subject.

27 May 2013 20:00
---------------------------------

Presumably Scotland's new Police Service will be investigating whether this delay is to allow the crims to try to evade justice and hide their nefarious activities from the public?

Anonymous said...

Anonymous said...
The fact they are not divulging their interests simply means they have been handing out sentences when there has been a clear conflict of interest and have erred in favour of these interests. FRAUD thats what it equates too. A deadline should be put in place and if they are not going to cooperate they should be made to resign their post with immediate effect.

28 May 2013 10:19
vvvvvvvvvvvvvvvvvvvvv

According to independent research by Audit Scotland, Lord Gills Scottish Justice system is squandering £55Million a year?

This amounts to the cream off the top by Scottish lawyers who are being allowed to help themselves to tax payers money to pay for their lavish and criminal behaviour?

Do we really need a Victorian Lord President who treats MSP's and the Scottish Public with utter contempt and who sees nothing wrong with his criminally convicted colleagues from raping the Scottish Public's cash and is poking and blinding Scotland in her eyes so that she cannot see what they are doing to her very health and propriety?

Anonymous said...

Anonymous said...

Lots of discussion about your petition in the profession,Mr Cherbi.Someone told me several judges are trying to divest their assets in a hurry.I am sure you will be aware of this given your thorough investigation of the subject.

27 May 2013 20:00

Yes we can all imagine what the judges will be doing to avoid disclosing all their interests!

They are no different from criminals and drug dealers getting rid of their money before a trial or prosecution comes along to get them.

28 May 2013 12:15
dipdipdipdipdipdipdipdipdipdipdipdippy


PROCEEDS OF CRIME ANYONE?

Anonymous said...

Anonymous said...
If judges are hiding their assets to avoid this register of interests then what is the difference between a judge and someone like this http://www.dailyrecord.co.uk/news/scottish-news/businessmen-have-922k-assets-confiscated-after-1114791

TWO crooked businessmen have been ordered to hand over almost £1million after losing the longest dirty money court case in Scottish legal history.

Maybe the judges should give back all their dodgy interests and accumulations to the cashback for communities http://www.scotland.gov.uk/Topics/Justice/public-safety/17141/cashback

28 May 2013 12:52
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Google Judges in their own Cause

Anonymous said...

Yet another example of Scotland's Judicial System being dragged-back into the distant past?

Word on the street is that Fred Flintstone is putting in for the soon to be vacant Lord President job and is looking to introduce a top-to-toe radical overhaul to include new stone tablets for record taking, stone pews in the court room, with Wilma running the Crown Office and community sentencing orders for those found guilty to take Deano the pet dinosaur for long walks?

Well......at least we shall see some improvements then?

Anonymous said...

On the train back from Edinburgh the other day, four handkerchief in the pocket types were furiously exchanging nasty comments about Mr Cherbi in the most unfavourable terms.

They were incandescent with rage that if Mr Cherbi keeps this up and tells the public any more that they will be hit severely in the pocket and that there is a danger that there will be a crisis in public faith in the status quo and that many of them could be in serious trouble with the law.


The way the conversation was going, I could only assume that they were crooked lawyers.

Anonymous said...

Maybe the Public Petitions Committee would feel best inclined to submit a Petition of their own, expressing a vote of NO CONFIDENCE in poor Lord Gill?

Anonymous said...

They were incandescent with rage that if Mr Cherbi keeps this up and tells the public any more that they will be hit severely in the pocket and that there is a danger that there will be a crisis in public faith in the status quo and that many of them could be in serious trouble with the law.
================================
What can I say, poetry it is wonderful they are concerned about a crises, it is one of their own making. People are sick with this group calling themselves a profession.

Anonymous said...

So this is how Scottish judges do justice?Keep them there please and don't export this band of brigands around the world thanks

Anonymous said...

They were incandescent with rage that if Mr Cherbi keeps this up and tells the public any more that they will be hit severely in the pocket..............Ah they are going to learn how clients feel who are ripped off and then find there is no complaints system because the lawyer borrowed without consent. Strange people it's fine when they ruin clients but they don't want to suffer the same fate. Clean up your act, lawyers we have had enough. Good on the DOI team Scotland's Champions.

Anonymous said...

Why the delay?

Anonymous said...

Can Scotland afford to continually piss all these £Millions into the wind?

Anonymous said...

The Barricades are definitely up then.......


The French elite tried this?......

Anonymous said...

Looks like this is a case of power play, where Lord Gill is making it clear to the MSP's that He is not answerable to mere politicians or indeed the interests or Will of the Scottish People and that He is the head of an elite and unaccountable sect who do what they want, when they want because they can and there is not a thing anyone can do about it because they have the whole game sewn up?

Judges in their own cause?

Anonymous said...

He is the Lord of Secrecy. Is it not ironic that those with the power to Judge don't want to be judged.