Tuesday, December 02, 2014

PUBLISH AND BE JUDGED: Judicial backslapping in the dock as Scottish Government hold back publication of 2014 Judicial Complaints Reviewer annual report

Report on judges still not handed to MSPs investigating judicial interests. A MONTH after Scottish Parliament MSPs investigating judicial interests demanded to see an unreacted report detailing complaints against judges, the Scottish Government have still not handed over the document to Parliament nor have Scottish Ministers published what is the last annual report of Scotland's first Judicial Complaints Reviewer (JCR), Moi Ali. MSPs are seeking the report in their consideration of proposals to create a register of judicial interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary

The report, which has been with the Scottish Government and Scotland’s top judge – the Lord President Lord Brian Gill ‘for some time’, covers the final term of popular JCR, Moi Ali, who stood down in the summer of 2014 after telling MSPs her role was little more than “Window Dressing”. Ms Ali also revealed in an evidence session before MSPs at the Scottish Parliament’s Public Petitions Committee the lack of cooperation she encountered from top judge Lord Gill, who himself decides how to handle complaints against his own colleagues.

Speaking earlier today, a legal insider suggested the Scottish Government did not want to release the JCR’s report before Legal Affairs Minister Paul Wheelhouse attended the Public Petitions Committee next week on 9 December, in an effort to keep any potential probing questions on judicial conduct and failures to a minimum.

Petition PE1458 – a proposal to increase judicial transparency and submitted to the Scottish Parliament’s Public Petitions Committee in late 2012 envisages the creation of a single independently regulated register of interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

Following a series of ‘scripted’ letters from Scotland’s top judge – who refused three invitations to appear before MSPs to answer questions on his opposition to the creation of a register of his colleagues vast personal wealth, Scottish Ministers have also made clear Government objections to the transparency proposal. However, a lively debate on judicial interests in the Scottish Parliament’s main chamber on Thursday 7 October 2014 saw cross party support for the proposal, with msps overwhelmingly supporting motion S4M-11078 - in the name of Public Petitions Convener David Stewart MSP on petition PE1458, urging the Scottish Government to give further consideration to a register of interests for judges.

The parliamentary debate was reported by Diary of Injustice along with video coverage here: TRANSPARENCY TIME: Top judge & Scottish Government told to rethink refusal on declarations of judges as Holyrood MSPs support calls to create a register of judicial interests

The call to create a register of judicial interests is widely supported in the media, and also has the backing of former Judicial Complaints Reviewer, Moi Ali. The evidence session with Moi Ali & Petitions Committee MSPs can be viewed in the following video footage:

JCR Moi Ali gives evidence to Scottish Parliament on a proposed Register of Judicial Interests

The full transcript of the September 2013 evidence session with JCR Moi Ali and MSPs was published by Diary of Injustice here: Evidence from Scotland’s Judicial Complaints Reviewer Moi Ali to Public Petitions Committee on Petition 1458 Register of Interests for Scotland’s Judiciary

JUDICIARY IS “INCREDIBLE POWERFUL”

Earlier this year while still in the post of Judicial Complaints Reviewer, Moi Ali wrote to MSPs on the Scottish Parliament’s Public Petitions Committee reiterating her support for a register of judicial interests. The JCR gave msps further insight into judicial complaints and explained why increased transparency must be introduced to Scotland’s overly secretive judiciary:

Judicial Complaints Reviewer evidence to MSPs on register of judicial interests: I understand that the Committee is due to consider this petition again shortly. In view of this, and in response to the Cabinet Secretary’s letter of 22nd April 2014, this is an opportune time to pull together the reasons why the Judicial Complaints Reviewer believes that a register of interests for the judiciary is essential.

I write not from the viewpoint of the judiciary, who have a vested interest in this issue. I write from the perspective of the Scottish public. I write not on behalf of those who hand down justice, but those who are on the receiving end. It is important that their voice is heard. They have a right to know that justice is being done, an essential component of which is that it is seen to be done. A register of interests is a tangible way of showing that justice is being done.

I think it likely that the number of complaints against the judiciary would fall were there to be a published register of interest for judicial office holders. I have received complaints about perceived conflicts of interest that have come to light after court proceedings. A register of interests would allow issues to be dealt with at the time, thus averting the need for a complaint. That would be good for the judiciary and for the public.

The position of the judiciary is incredibly powerful. They have the power to take away people’s assets, to separate families, to lock people away for years. Some of these people will not have committed a crime. They may be women who want protection from abusing partners, fathers who want access to their children, or people whose home is at stake due to various legal or family wrangles. People going through the court system face stress and anxiety, perhaps financial pressures, and fear about the future. Their perspective is important and must be a consideration in this matter.

Given the position of power held by the judiciary, it is essential not only that they have absolute integrity but crucially, that they are seen to have absolute integrity. Again, a register of interests is a way of demonstrating that a judicial office holder is impartial and has no vested interest in a case –financially, through family connections, club/society membership or in any other way. Conversely, the refusal to institute a register of interests creates suspicion that in turn undermines judicial credibility. So once more, a register of interests is good for the judiciary and good for the public.

The Cabinet Secretary for Justice states that there are sufficient safeguards already in place, citing the complaints rules as one of these safeguards. As the person appointed by the Cabinet Secretary to review complaints handled under these rules, I can say from experience over nearly three years that the rules are not fit for purpose. I have attached a document I prepared in December 2013, following consultation with members of the public who had made complaints under these rules, to support this assertion.

The Judicial Office’s published statistics demonstrate either that judicial conduct is exemplary, and the public vexatious or unable to understand the rules; or they show that the rules are not fit for purpose. I suggest that it is the latter. For the first year in which the Rules were operational(a 13-month period to 31st March 2012), 107 conduct complaints were made to the Judicial Office and 98 were completed during that year. With one exception, all of them were dismissed without investigation. Only one investigation was carried out, following which the complaint was dismissed as "unsubstantiated".

The latest statistics have yet to be published, but year two figures (to March 31st 2013) show that 114 complaints were made (plus the 9 carried over from year 1). Of 116 concluded during the year, only 11 were investigated. Four of the 11 were still underway at year-end, meaning that 7 investigations were completed in Year 2. Of the 7, one was withdrawn; 2 resolved informally; and 4 were reported to the Lord President. Of the 4 reported to the Lord President, 3 were deemed to be without substance, unsubstantiated or vexatious. For the one remaining complaint, an apology was offered by the judicial office holder and the Lord President deemed that no further action was required.

In summary, in the first 25 months of the new complaints regime, the Judicial Office's published statistics show that of 221 complaints there were 12 investigations, one judicial office holder apologised for his or her conduct and no judicial office holders were disciplined.

My experience in this office leads me to the conclusion that the rules are not a sufficient safeguard. But even if they were, particularly when combined with the judicial oath and the Statement of Principles of Judicial Ethics, why not go further in enhancing transparency and accountability?

There are sufficient safeguards in place to prevent members of public boards from acting inappropriately –such as robust audit committees, external scrutiny and regulation, board meetings held in public and a rigorous appointments process. Nevertheless, such members are still required –and rightly so –to complete a publicly accessible register of interests in order to demonstrate transparency and accountability. It is right that public appointees and elected politicians are required to do this, and it is also right that the judiciary should too. Registers of interest are the norm now and the judiciary is out of step with standard practice. This undermines their standing with the public.

For all of the above reasons, it is in the interests both of the judiciary and of the public for there to be a register of interests.

I have been frank about my views in this letter, and I hope that I have not given the impression that I do not have a great deal of respect for the judiciary and the difficult work that they undertake for the greater good of society. Their work is essential, their independence vital. An independent judiciary underpins a civilised society. But with independence goes accountability, and a register of interests is a mechanism for enhancing accountability.

I will be standing down from my role as JCR in the summer, but until that time I am happy to provide further information to the committee if that would be helpful.

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary

27 comments:

Anonymous said...

Speaking earlier today, a legal insider suggested the Scottish Government did not want to release the JCR’s report before Legal Affairs Minister Paul Wheelhouse attended the Public Petitions Committee next week on 9 December, in an effort to keep any potential probing questions on judicial conduct and failures to a minimum.

No kidding!!

Anonymous said...

First time I have ever heard someone from within the justice system tell the truth!

Good for Moi Ali hope she goes far!

Anonymous said...

If the report is written it should have been given to the Scottish Parliament and they release it instead of the Scottish Government.

This is another example of the utmost disrespect shown by the judiciary and the Scottish Government regarding your petition.

Proves you were right all along to raise it.Good work.

Anonymous said...

Zero rules complied with

Zero transparency

Zero accountability

Zero justice

Maximum Secrecy

Unless there is immediate and cast in stone change, not pushing around and issuing papers to dupe the Scottish Public, then this will inevitably lead to anarchy and impeachment.

Let's have all of those skeletons well and truly rattled

Anonymous said...

What I find genuinely disturbing is the great effort Lord Gill,the Scottish Government and most of the legal establishment are going to in order to defeat delay or put off your petition.All this and still you have cross party support in the Scottish Parliament.

It is truly about time we have a register of judicial interests.

Anonymous said...

The uncomfortable TRUTH for the Scottish Government is that Moi Ali has acted as a Whistleblower and revealed what is going on behind oak panelled doors has nothing to do with accountability, transparency and justice?

Instead it is all about self serving coverup and unjustly protecting Sheriff's and Judges salaries by getting rid of complaints?

This has the effect of further reducing the faith the Scottish public has in the judiciary, which is already at rock bottom and also continuing the downward spiral of standards within the Scottish Courts, so that now we can be fairly certain that justice in Scotland is no longer attainable?

How can we have convicted felons passing themselves off as Sheriffs and Judges?

But we do?

Anonymous said...

Any decision to withhold the JCR's unedited report until after the Petitions Committee hearing on December 9th will have come from the top of the SNP, and demonstrate that Nicola Sturgeon is - like her predecessor - firmly in the back pocket of the Judiciary and the Law Society of Scotland.

Anonymous said...

Anonymous said...

What I find genuinely disturbing is the great effort Lord Gill,the Scottish Government and most of the legal establishment are going to in order to defeat delay or put off your petition.All this and still you have cross party support in the Scottish Parliament.

It is truly about time we have a register of judicial interests.

3 December 2014 08:43

Yes it is amazing probably cost an arm and a leg all the effort put in against the Cherbi petition and the petitions committee!

This register must be made the law and the judges have to tell us all like we have to tell them everything.No more of this one law for some and another for the rest of us.

Anonymous said...

Anonymous said...
Speaking earlier today, a legal insider suggested the Scottish Government did not want to release the JCR’s report before Legal Affairs Minister Paul Wheelhouse attended the Public Petitions Committee next week on 9 December, in an effort to keep any potential probing questions on judicial conduct and failures to a minimum.

No kidding!!

2 December 2014 21:00
££££££££££££££££££££££

This has all the fingerprints of Lord Gill on it. Looks like he has got more skeletons in the cupboard than the anatomical skeleton company?

Anonymous said...

Anonymous said...
What I find genuinely disturbing is the great effort Lord Gill,the Scottish Government and most of the legal establishment are going to in order to defeat delay or put off your petition.All this and still you have cross party support in the Scottish Parliament.

It is truly about time we have a register of judicial interests.

3 December 2014 08:43
££££££££££££££££££££

Remember there has been a lot of money to hide?

Anonymous said...

Anonymous said...
Any decision to withhold the JCR's unedited report until after the Petitions Committee hearing on December 9th will have come from the top of the SNP, and demonstrate that Nicola Sturgeon is - like her predecessor - firmly in the back pocket of the Judiciary and the Law Society of Scotland.

3 December 2014 11:47
............................................

It would certainly sharpen the minds of the Scottish People that their best interests are being sabotaged and that instead of transparency and accountability we have cheating and saving the self interests and bank balances of the few?

What a rotten and disreputable country Scotland has become since the Scottish Judiciary vampires started sucking the blood out of her body?

Anonymous said...

What are the odds some twit at the Scottish Govt is reading this and thinking their plan to keep the report away from msps before Wheelhouse shows up next week is now busted!

Anonymous said...

Along with all the other headlines on this I will not be surprised if it turns out the Scottish Government need Lord Gill's permission to release the report.

Some "top judge" you lot have up there.

Anonymous said...

This is what happens when you allow a self-serving section of Society to become drunk on power.

Anonymous said...

Moi Ali has opened the genie bottle and the genie is out along with many of the secrets that the Scottish Judiciary and the Law Society of Scotland have been keeping from the Scottish Public as part of their campaign of selfishness, greed and hate against the Scottish Public.

Anonymous said...

With Moi Ali and Peter Cherbi in our team, we have a fighting chance of playing in the Premier League.

With the Satus Quo however, we are destined to languish in non league status in perpetuity.

Figure out who was responsible for forcing Moi Ali out for blowing the whistle and if they are not part of the solution then you know they are definitely part of the problem.

Only in Scotland could the cream of the crop be poured down the sink in order to save the dregs!

Anonymous said...

The reality is that our law makers are only law breakers as long as we let them and until we discover what they are getting up to behind our backs?

Moi Ali's full, complete, unredacted and unamended Report should be put before the Public Petitions Committee immediately in the interests of justice.

We will not and cannot accept anything less than full transparency from this moment forward, in the interests of justice for the Scottish People.

Anonymous said...

This is one heck of a debate you started here and most of what is spoken in the video clip may also apply to other countries judiciary as they all have the same kind of attitude them v us etc

Moi Ali is a very honest person and comes across very well in how she answers the questions.

Anonymous said...

The sooner we get cameras in the Courts here - just as they are in Westminster, Holyrood and the Supreme Court - the better.

Anonymous said...

Speaking as someone who has gone through the courts in a civil damages case I recommend people be very careful about trusting anyone with a legal qualification.This was four years of most frightening part of my life and pushed from pillar to post by my own lawyers and the judge.None of them are worthy of any trust especially the ones in the legal system who claim to be on your side.I only won a settlement when I threatened to go to the press and then everybody stopped treating me like a dog.

Anonymous said...

This proves both the Scottish Government and Lord Gill are in it together.Can there be any other reason they are delaying the report to msps?I dont think so!

Anonymous said...

Anonymous said...
Along with all the other headlines on this I will not be surprised if it turns out the Scottish Government need Lord Gill's permission to release the report.

Some "top judge" you lot have up there.

3 December 2014 20:36
-----------------------------------

More like the Law Society of Scotland?

Anonymous said...

It astonishes me every time I am giving chapter and verse of the number and seriousness of the offences committed against me by my opponent that my Scottish lawyer always manages to take the side of my opponent?

When I asked his assistant the reasons why my Scottish lawyer was always minimising and marginalising my opponent's conduct to make the case for my opponent?

My lawyer's assistant said, easy, you are on Legal Aid aren't you? They always try to do you in when its Legal Aid because it is their bread-and-butter-free-money-for -nothing?

You get the peasant's service?

It is only when you are paid hard cash by you that they put in a half-effort, just to make the Client think they have some sway?

If you take my advice, you would be better wrighting-off this case and forgetting it ever happened?

Why should a Scottish lawyer go out of his way to help you when they get the cash from the Legal Aid Board regardless of what they do and regardless if the try or not?

Scotland is for Scottish lawyers not for ordinary members of the public?

Anonymous said...

It is only a matter of time before the trickle of cases going to Scotland's courts will virtually come to a stop and the Law Society of Scotland will be forced to go in for more wide ranging criminal activities and maybe partnerships with other serious organised crime gangs in order to steal money to give to their members?

Either that or mercifully Scottish lawyer's will be about as common as a hedgehog riding a black unicorn flying pig around Brigadoon?

Anonymous said...

If they do not publish Moi Ali's report in full then we know Scotland is being run by a bunch of crooks.

Anonymous said...

You and Moi Ali are in the Sunday Mail today about the judges!Great quotes!

injustice@shmurray.com said...

I shopped the sheriff but I couldn't shop her deputy [due to a time bar in the Judicial Conduct rules etc].

Lord Eassie upheld a complaint I made about Iona MacDonald and one of her deputies at Kilmarnock: they prevented public note-taking in court by getting duty plod to come over and intimidate note-takers. He stated the sheriffs 'may have been mistaken in thinking the public were not allowed to make notes'. Their new tactic is to close the court to the public a few minutes after I sit down. Wonder if complaint will show up in the 2014 review mentioned above?

Brian Murphy of the same place is thoroughly rotten: despite HD video and audio of an alleged offence shown to him in court, he chose to convict and make a stated case based on false statements and testimony. If we can't rely on the accused's POV video and audio to show what actually happened, what hope is there?

(The case of the PC so frightened by a man asking her some questions outside court because he 'was much taller than me, had no reason to be there and was quite close' that she 'fled' to the local nick for safety. ' Yes, really.)