Monday, June 24, 2013

One year as Lord President, little change in Scotland’s courts as top judge fights on against register of judicial interests transparency proposal

Courts remain a mess, transparency not for us says top judge. ONE YEAR ON from being appointed as the country’s top judge, the reality is that few in the way of productive changes to help Scots access justice have occurred in the courts ruled over by Lord Brian Gill, Scotland’s Lord President of the Court of Session.

A year ago this month, Brian Gill was elevated from his former position of Lord Justice Clerk, to succeed the media savvy Lord Arthur Campbell Hamilton who served as Lord Justice General & Lord President from November 2005 to June 2012.

While publicly priding himself in putting on the air miles as Scotland’s top judge, flying around the globe on “diplomatic” commitments representing the Scottish judiciary in destinations from Uganda to Taiwan, little of the civil justice reforms Brian Gill called for as author of the Scottish Civil Courts Review have so-far made it to Scotland’s justice system, and those that have, have inevitably been watered down to an almost ineffectual state.

More worryingly, in spite of a continuing stream of questions surrounding the integrity of Scotland Prosecution Service, the Crown Office & Procurator Fiscal Service (COPFS), and numerous failures in his own Scottish Court Service which have contributed to Civil cases needlessly dragging on for decades in Scotland’s courts, little criticism has come from the top. This lack of top down discipline has seemingly allowing Prosecutors a free hand to botch up case after case, and even shred files before MSPs could request sight of them, while some Court of Session senators have allowed personal weakness, bias and even vitriol to creep into opinion after opinion.

The current unwillingness of the Commander in Chief of our Courts to bring the system into line with public expectation of justice, and more importantly fairness, compares strangely with previous examples where the integrity of the justice system was at stake, for example, when Lord Gill’s predecessor clashed with a former Lord Advocate over the collapse of the World’s End murder trial.

Willing to tackle an institution recently dubbed “institutionally corrupt”, Lord Hamilton as Lord President wasted no time publicly castigating the Crown Office, accusing it’s then Lord Advocate Elish Angiolini (nee McPhilomy) of attacking the independence and reputation of the judiciary after Angiolini directly addressed the Scottish Parliament stating she was disappointed with the trial judge Lord Clarke’s ruling  there was insufficient evidence for the jury to convict and threw the case out.

As matters stand one year on, this Lord President has so far, remained almost mute in publicly combating what many perceive as the vested interests of the current legal establishment, who appear to be more interested in the continuing disruption to access to justice rather than it’s expansion to serve all Scots instead of those selected on a whim by the legal profession.

Of much concern currently, is Lord Gill’s hostility towards proposals put before MSPs at the Scottish Parliament to create a statutory register of interests for Scotland’s Judiciary.

As has been widely reported in the media, by the Sunday Mail newspaper and others, and by Diary of Injustice, Lord Gill has now twice refused to attend the Scottish Parliament to give evidence on, and answer questions in public relating to the so-far hidden, undeclared interests of Scotland’s judges.

Lord Gill has taken the fight against transparency to the extremes, refusing to provide detailed, analytical evidence on how judges have (or have not) recused themselves over the years, and in what circumstances these recusals took place, in response to repeated written requests from MSPs.

The Lord President has gone so far as to cast an EU report in the face of Holyrood, as an excuse for refusing to attend the Public Petitions Committee and has alleged any attempt to require judges to disclose their hidden wealth along with other interests, would compromise the independence of the judiciary. Yet bizarrely, with his conviction set against openness, Lord Gill apparently feels he cannot answer questions in public about this same EU report he has used in his defence.

Could Lord Gill’s refusal to answer questions in public on the very evidence he puts forward for doing nothing on a register of judicial interests be because his EU report was written by retired judges who themselves have a vested interest in not creating a register of interests for the judiciary?

Tomorrow, Tuesday 25 June, MSPs at the Scottish Parliament will again discuss Petition PE1458: Register of Interests for members of Scotland's judiciary which calls on the Scottish Parliament to legislate for a requirement that all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests

In a response provided to the Public Petitions Committee, MSPs have been asked to arrange evidence sessions on the petition as has previously been suggested by Committee members, and would welcome others joining the debate, be they members of Consumer Protection organisations, the Scottish Government, the Judicial Complaints Reviewer, the Law Society of Scotland, the Faculty of Advocates, the Lord Advocate and representatives of the media who might wish to participate in public evidence sessions.

Previous reports from Diary of Injustice including video footage of previous Petitions Committee meetings 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

42 comments:

Anonymous said...

Hmm very interesting this has slipped under the radar of non Scottish media.Perhaps we should all adopt your register idea about judges and their undeclared interests.

Anonymous said...

I think you nailed all the points up against Gill in this one - and any judge who argues against transparency should not be a judge

Anonymous said...

The Law Society of Scotland will be writing plenty cheques tonight to try and keep this one out the headlines!

Anonymous said...

"Lord Gill apparently feels he cannot answer questions in public about this same EU report he has used in his defence."

Enough already.This finely dressed Chief Justice of yours is finished.

What judge worth his oath will put evidence to a state legislature and then refuse to be questioned on the merits of that evidence.

Anonymous said...

Comment#1 What I think is more interesting is why the judges have not been able to buy off Cherbi or shut him up.There must be something about him - race,religion or viewpoint they just hate the pants off and they will go to the wall and ruin any credibility in their justice system to neutralize his transparency proposal.
This tells me Scottish justice is not to be trusted when you have attacks on transparency as we are seeing here.

Anonymous said...

Lord Gill bizarrely finds himself on the wrong side of the debate........his refusal to give evidence in Public has nothing at all to do with safeguarding the independence of the Judiciary and more to do with him being unable to answer difficult questions about the secret setup that he is responsible for?

Just exactly what are we paying Lord Gill £1000 a day for?

He seems to be doing everything other than being a proper Lord President?

Anonymous said...

Anonymous said...
Hmm very interesting this has slipped under the radar of non Scottish media.Perhaps we should all adopt your register idea about judges and their undeclared interests.

24 June 2013 17:39
----------------------------------

'slipped under the radar of the Scottish media'

An anachronism for one of the Law Society of Scotland's infamous 'D' Notices to threaten the media with legal action if the publish?

Anonymous said...

Now we will see what the MSPs are made of............

Anonymous said...

sounds like the judge wants to make transparency a death sentence in Scotland?

Anonymous said...

The Lord President of Secrecy. As for the lawyers buying off Peter Cherbi, not a chance in hell.

Anonymous said...

Comment at 24 June 2013 19:40

I imagine the answer to this is Cherbi is a better journalist with self respect than Gill is a judge who has obviously no respect for transparency or the Scottish Parliament.

Anonymous said...

All with the approval of Alex Salmond, Nicola Sturgeon and Kenny MacAskill three Law Society stooges. Oh and Alex I will not be voting for Independence so my bedroom tax is cancelled a year after you become King of Scotland. You criticize Westminster when you turn a blind eye to the injustices meted out to the Scots from Gill's band of crooks. You have more in common with Cameron, Clegg and Milliband than you do with the Scottish people.

Anonymous said...

I can understand why Gill would want to avoid the radar if he were a fighter pilot but hiding when he is a judge, hardly an ethical justice system.

Anonymous said...

Justice is cheap in Scotland when the judges are hiding behind their robes about their interests.You go mate and make this one happen!!!

Anonymous said...

Lord Gill the scarlet pimpernel (but not scarlet through embarrassment) has made a mockery of his Office and has let down the Scottish People by his dodgy dodging of the Public Petitions Committee?

Either the PPC wake up and smell the haggis and stand up to this imposter and tell him where his duty lies or they will capitulate under the influence of the evil sect at the Law Society of Scotland and Scotland will be doomed forever?

Anonymous said...

LOL @ the artwork of the judge :D more of this pleeze!

Anonymous said...

D-Day for Justice......Will Lord Gill continue to defy the Public Petition Committee & the Scottish Public or will he capitulate and instead finally commit to transparency and the rule of law?

Anonymous said...

Fantastic true journalism once again

Anonymous said...

The Law Society puts crooked lawyers in the office regarding complaints rather than in the dock. They designed a system so lawyers bypass the courts. And Lord No No after twelve months in the job rejects transparency. Well he was trained within this secret system and is used to it. But he has destroyed his own credibility by his stubborn intransigence. As Plato wrote "the measure of a man is what he does with power". Secret power and justice are mutually exclusive.

Anonymous said...

Secrecy is synonymous with corruption and it would seem that the reason Lord Gill is trying to maintain secrecy is to try to keep a lid on the fact that there are Scottish Judges who are passing themselves off as fit for purpose who have criminal records which is proof that their judgement can no longer be relied upon and that they must demit office forthwith, as the risk of them continuing to make judgements of others with their own warped judgement and twisted morals makes it impossible under law for them to continue?

In fact, to do so may well be treason?

Anonymous said...

Anonymous said...
Comment#1 What I think is more interesting is why the judges have not been able to buy off Cherbi or shut him up.There must be something about him - race,religion or viewpoint they just hate the pants off and they will go to the wall and ruin any credibility in their justice system to neutralize his transparency proposal.
This tells me Scottish justice is not to be trusted when you have attacks on transparency as we are seeing here.

24 June 2013 19:40
xxxxxxxxxxxxxxxxxxxxxx

The DOI Team of journalists are lifting the veil of secrecy practiced within the Judiciary to let the Scottish People see what is REALLY going on in their name?

DOI are telling the TRUTH and the Judiciary are seen for what they are, a secret cabal who are protecting their own self interest over the Public Interest and lining their pockets and filling their boots in the process?

Anonymous said...

I notice in today's paper that members of the House of Paliament Culture & Ethics Committe have requested that Lord Levison appear before them to give evidence but he has refused, so they are contemplating taking steps to FORCE him to appear before them?

If they can do it then a DIssolved Scotland should be able to do it too and to hell with the Scotland Act, it is not worth the piece of paper it is written on?

This is all about the Truth and proving that Scottish Judges are fit to practise?

Anonymous said...

Your hallowed Scottish courts seem to be in a bit of a mess with this lot running the show!Instead of fighting openness Gill should be promoting it because all he is doing at the moment is giving Scotland a bad name and everyone looking at this must be thinking about the dirt the judges are trying to hide otherwise it would all have been done and dusted by now.

Anonymous said...

Excellent blog you have here.I hope you cast your net further afield than Scotland as there are a lot of justice and legal issues around the world you could compare to Scotland and maybe help people outside Scotland as well as inside!

Good luck!

Anonymous said...

How did it go today?Any news?

Anonymous said...

Buying off journalists is what they used to do in the old days eg ex hacks from the H*rald who used to write about scandals in the legal profession now working for the legal profession.

Nowadays lawyers and their ilk simply send some of their thug variety clients round to the homes of journalists or those who write about how the justice system goes about it's business.Do not think this is limited to lawyers.There are PFs who have accidentally exposed witnesses to accused who then turn up on their doorsteps with a fist and when the call comes in no one is to attend the incident.

One time I remember there was this idiot who was in a fight outside an Edinburgh nightclub and threatened everyone with his father who sits at the Court of Session.If you are ever able to track down the attending PCs you will find out their careers were threatened by the son if he were to be arrested (he was arrested anyway).I know for a fact some of those involved in the incident had their cards marked and were told no future for them in Lothian & Borders Police.

How would you feel if you were about to arrest someone for an assault to be told by that person "My dad is Lord * and he will see you out of a job and in the gutter if you touch me"

These judges and their families are vengeful people because they have a lot to hide.Expect an assault or life being made difficult long before any organ grinder decides to make peace with you.

Diary of Injustice said...

# Anonymous @ 25 June 2013 20:38

The PPC meeting went very well, there will be an update later in the week.

# Anonymous @ 25 June 2013 19:23

All issues brought to the attention of the DOI team are looked at in detail and will either appear on this blog or in the media.

#Anonymous @ 25 June 2013 22:33

Post more details in a comment or email us at scottishlawreporters@gmail.com

Anonymous said...

It would seem that Lord Gill's attempts to stall the Petition so that those Judges can try to claw some of their off-shore cash back from the BV Islands is failing miserably with his best efforts to silence the PPC having back-fired it is only a matter of time before a Register of Judges Interests is recommended as Best Practice?

Anonymous said...

I think I will reprint that poster of the judge and pass it around just to show what passes for a Chief Justice over in Bonnie Scotland these days.Keep up the good work!You are totally making my day!

Anonymous said...

22:33 rings a bell Garibaldi's in Hanover St 2006 could be another so will not name anyone here no doubt you can find out the rest.

Anonymous said...

Lord Gill's hair dryer treatment to the PPC Convenor & Deputy Convenor does not seem to have worked. Both Committee men should be applauded for standing up for the Scottish People against tyranny?

Anonymous said...

When a judge ducks and dives after being asked what his views are on transparency and interests you just know this judge and the rest of his colleagues have no credibility at all.

Anonymous said...

If I or we clients could make decisions which could or would have potentially serious consequences for Lord Gill or his colleagues we can be sure he, they would want to know many things about us. But when the imbalance of power is as it is not he is Lord No No. Not good enough Lord Gill.

Anonymous said...

Good thing Edward Snowden is not going to Scotland,Considering the way your judges feel about transparency they will send him to jail forever without a trial!

Anonymous said...

Anonymous said...

The Law Society of Scotland will be writing plenty cheques tonight to try and keep this one out the headlines!

24 June 2013 18:17

If they did they wasted their money.According to someone I know at the parly the petition is going on to evidence sessions.Well done all concerned!

Anonymous said...

Has Lord Gill made a rod for his own back by refusing to continue to give evidence now that Ms Moi Ali has submitted her evidence in writing and intends to support Mr Cherbi's petition?

Lord Gill by his own intransigence and arrogance has effectively removed himself from the debate because he now cannot contradict himself by all-of-a-sudden reappearing to give evidence to support his desire for continued secrecy?

Thus, he has been completely sidelined in the debate as Lord President, with the result that he has backed himself into a corner where his opinions are not taken seriously?

C'mon the Petition?

C'mon Justice & Transparency

C'mon The Rule Of Law?

Anonymous said...

http://www.guardian.co.uk/commentisfree/2013/jun/26/prism-surveillance-could-destroy-democracy

and remember it is judges like this mob who legitimize state snooping on a global scale

Anonymous said...

http://www.guardian.co.uk/law/2013/jun/26/secret-courts-act-into-force

Like Lord President Gill secrecy and justice are mutually exclusive.

Anonymous said...

Anonymous said...
Hmm very interesting this has slipped under the radar of non Scottish media.Perhaps we should all adopt your register idea about judges and their undeclared interests.

24 June 2013 17:39
----------------------------------

'slipped under the radar of the Scottish media'

An anachronism for one of the Law Society of Scotland's infamous 'D' Notices to threaten the media with legal action if the publish?

24 June 2013 20:10
]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|]|

Hey, the Law Society of Scotland don't want the Scottish public to know that they are doing this!

Anonymous said...

I want to know more about these Scottish Judges who are convicted criminals who are still pretending to be lawful judges?

Anonymous said...

Anonymous said...
22:33 rings a bell Garibaldi's in Hanover St 2006 could be another so will not name anyone here no doubt you can find out the rest.

26 June 2013 10:18
ssssssssssssssssssssssssssss

Now, I have heard of my Daddy is bigger than your Daddy but I did not know Scotland has descended into such a state of iniquity that some are now boasting......my Daddy is above the law in Scotland then so am I.......what you gonna do about it?

Anonymous said...

Yes love the graphic of Gill in the wig - "Stop! You never know who isn't listening."
Brilliant!