Thursday, October 20, 2016

IT’S DUBLIN, M’LADY: FOI probe results in Judicial Office adding Lady Dorrian to Lord Carloway’s 'research' junket on Ireland’s criminal justice system

Court staff add second judge to Ireland judicial junket. THE SECOND most powerful judge in Scotland - Lady Dorrian - the first ever female judge serving as Lord Justice Clerk, has been added to a 2014 judicial junket to Dublin - in which court staff initially claimed was solely attended by Scotland’s current Lord President - Lord Carloway.

And, new details since released for the ‘fact finding’ judicial junket - also reveal Lord Carloway met two Irish senior judges in a Chinese restaurant - to discuss ‘efficiencies in the courts’.

The addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip only came about after the Scottish Information Commissioner (SIC) became involved in a dispute over the determined efforts of the Judiciary of Scotland and Scottish Courts and Tribunals Service (SCTS) to conceal details, destinations and the costs of UK & judicial overseas travel junkets from Freedom of Information enquiries.

In October 2014, DOI reported that an investigation by the Information Commissioner received evidence court officials hurriedly switched the travel destinations of Scotland’s second most powerful judge – the Lord Justice Clerk Lord Carloway, after journalists queried an FOI disclosure, asking for further details of a journey.

Lord Carloway – who was at the time Lord Justice Clerk and has since been elevated to the top post of Lord President earning £222,862.00 a year, was listed in a 2014 FOI disclosure by the Scottish Court Service: Overseas Travel of Scotland’s Judges 2013-2014 as having taken three taxpayer funded trips – a six day trip to Vancouver, Canada costing £5,820.16, a two day trip to Dijon, France, with a claimed cost of £59.15 and a two day trip initially listed as Evidence & Procedure Review Study Visit costing £232.93.

The Scottish Court Service was then contacted by journalists who asked officials to provide a destination of Lord Carloway’s Evidence & Procedure Review Study Visit. In response, a senior SCS official said “Lord Carloway attended the event in Bristol.”

When journalists again contacted the Scottish Court Service asking why one domestic UK trip had seemingly been disclosed when court officials claimed it was too expensive to publish the UK only trips, the same official replied “I queried this with the Judicial Office for Scotland who have asked me to pass on their apologies.  Lord Carloway actually attended the event in Dublin and not in Bristol.

The Judicial Office for Scotland ended further enquiries at the time with the statement “We have checked the information that we provided and we have nothing further to add.”

The switch of Lord Carloway’s destination during a trip taken in March 2014 – from Bristol to Dublin only came about after court staff realised they had previously claimed to journalists, and more recently to the Scottish Information Commissioner, the SCS did not hold data on judges trips inside the UK.

Since the probe by the Scottish Information Commissioner, new documents issued to journalists after a probe lasting several weeks finally revealed: “Lord Carloway and Lady Dorrian visited Dublin to research the Irish criminal justice system to inform the on-going SCS review of evidence and procedure in Scotland, and were accompanied by an SCS Director with lead responsibility for this review work. They flew from Edinburgh to Dublin on the evening of Monday 24 March, and returned on the evening of Wednesday 26 March. They stayed at the Ashling Hotel, Parkgate Street, Dublin on the nights of 24 and 25 March.”

The ‘omission’ of Lady Dorrian from initial documents released in 2014 was blamed by court staff on murky arrangements for judicial air travel which allowed judges to book air tickets at public expense at their own discretion.

However, claims by the Judicial Office that new travel rules introduced by former Lord President Lord Brian Gill put an end to judges helping themselves to tens of thousands of pounds of air flights and trips have since been proved wrong - after continuing investigations revealed further international air junkets, reported here: LORDING IT MORE OPENLY: Scotland’s obsessively secretive judiciary reveal overseas junkets.

The latest crop of jet set junkets for judges reinforce suspicions highly paid Scottish judges on up to £220K a year are spending more time in the air and abroad, than attending to their judicial duties in the courts.

Challenged on the switch of destinations and the addition of Lady Dorrian to Lord Carloway’s ‘fact finding’ trip, a spokesperson for the Judicial Office said: “I have now had the opportunity to look into this.  The error you have highlighted occurred because the booking was not made by the Judicial Office.  We have now amended our records.”

“As you are aware, the Lord President issued new guidance to all judiciary earlier this year in respect of international travel and attendance at conferences.  All requests for funding should be sought only from the Judicial Office.  This will help ensure such errors do not occur in the future.”

Asked to confirm which trip was not booked by the judicial office – Lady Dorrian or Lord Carloway (or both), a spokesperson for the Judicial Office said: “Both. To be clear‎ the costs of the trip (flights, hotel) for both Lady Dorrian and Lord Carloway did not come out of the Judicial Office budget. The costs associated with travel and subsistence do. Therefore we knew about Lord Carloway's trip but incorrectly recorded that information.

A programme for the visit, issued after the addition of Lady Dorrian to the trip, reveals Lord Carloway met up with two senior Irish judges in a Chinese takeaway to discuss the efficiencies of courts.

An entry in the programme for Tuesday 25 March 2014 states: 7:30pm - Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt  to discuss  “The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts” Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

However, Lady Dorrian’s name does not appear anywhere in the issued documents for the trip to Dublin.

Evidence and Procedure Review – visit to Dublin, 25-26 March 2014 Programme Date: Tuesday 25thMarch 2014

Arrive to be met by Ms. Elisha D'Arcy, Protocol Officer, Courts Service Venue: Great Hall, Criminal Courts of Justice Parkgate Street, Dublin 8

Tour of Criminal Courts of Justice with Ms. Lisa Scott and Ms. Kelly Mackey, Judicial Researchers

Discussion with Ms. Kelly Mackey & Ms. Lisa Scott, Judicial Researchers working on analysis of relevant Legislation and Law Reform documents Venue: Court No. 13, 4 th Floor, Criminal Courts of Justice

Meeting with The Hon. Mr. Justice Peter Charleton, High Court, The Hon. Mr. Justice Patrick McCarthy, High Court, His Honour Judge Patrick McCartan, Circuit Court, Judge Patricia McNamara, District Court and Ms. Elisha D'Arcy to discuss, inter alia, case management, how the volume of cases is managed, any difficulties in ensuring cases are processed in good time - problems with "churn" in the system, with hearings having to be adjourned/continued etc Venue: Conference room, 9th Floor, Criminal Courts of Justice

Meeting with Mr. Noel Rubotham, Head of Reform and Development, Courts Service to discuss relevant initiatives in the area of criminal procedure reform, including pre-trial case management Venue: Conference room, 9 th Floor, Criminal Courts of Justice

Meeting with Ms. Geraldine Hurley, Principal Officer, Courts Service to discuss the practicalities of giving Video Link evidence and observe/demonstrate Video Link evidence procedure/facilities Venue: 9 th Floor Conference room, Criminal Courts of Justice

Observation of Central Criminal Court in session, The Hon. Mr. Justice Patrick McCarthy presiding Venue: Court No. 10, Criminal Courts of Justice

Observation of Circuit Criminal Court in session, His Honour Judge Patrick McCartan presiding Venue: Court No. 12, Criminal Courts of Justice

Observation of District Criminal Court in session, Judge Patricia McNamara presiding Venue: Court No. 2, Criminal Courts of Justice

Working Lunch hosted by: The Hon. Mrs. Justice Susan Denham, Chief Justice In attendance: The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice Patrick McCarthy, His Honour Judge Patrick McCartan, Judge Patricia McNamara, Mr. Brendan Ryan, CEO, Courts Service, Registrar, Ms. Elisha D'Arcy Venue: Conference Room 9 thFloor, Criminal Courts of Justice

Depart for Children Court Observation of Children Court in session, Judge John O'Connor presiding Venue: Children Court, Smithfield, Dublin 7

Depart for Child Care/ Family Law Court Observation of Child Care Courts in session, Judge Brendan Toale and Judge Colin Daly and Her Honour Judge Rosemary Horgan, President of the District Court presiding Venue: Court No. 20, 40 and 49 Child Care Courts, Dolphin House, East Essex Street, Dublin 2

Observation of Family Law Courts in session, Judge Marie Quirke and Judge Deirdre Gearty presiding Venue: Court No. 41 and 47 Family Law Courts, Dolphin House, East Essex Street

16.00p.m. - 17.00p.m. Discussion on Child Care Court and Family Law Court with Her Honour Judge Rosemary Horgan, President of the District Court Judge Marie Quirke, Judge Brendan Toale, Judge Colin Daly and Judge Deirdre Gearty with particular emphasis on interviewing children and taking evidence from children Venue: 3rd Floor conference room, Dolphin House

19.30p.m. Meeting with The Hon. Mr. Justice Peter Charleton and His Honour Judge Tony Hunt to discuss "The Working Group to Identify and Report on Efficiencies in the Criminal Justice System of the Courts" Venue: Good World Chinese Restaurant, 18 South Great Georges Street, Dublin 2.

Date: Wednesday 26thMarch 2014: 09.00 a.m. - 11.30 a.m. Meeting with Members of An Garda Siochana, led by Chief Superintendent Patrick Leahy, Dublin Metropolitan Region, North Central Division - Powerpoint Presentations

11.40a.m. Meeting with Ms. Clare Loftus, Director of Public Prosecutions, accompanied by Ms. Liz Howlin, Head of the Directing Division and Mr. Peter Mullan, Chief Prosecution Solicitor -
Venue: Office of the DPP, Infirmary Road, Dublin 7

13.00p.m. Working lunch with The Hon. Mr. Justice Peter Charleton, The Hon. Mr. Justice John Edwards, High Court, His Honour Judge Martin Nolan, Circuit Court, Judge John O’Connor, District Court and Ms. Elisha D’Arcy Venue: Conference Room 9thFloor, Criminal Courts of Justice

14. 00p. m. Meeting with Law Reform Commission Commissioners Ms. Finola Flanagan and Tom O'Malley, BL, Law Reform Commission - Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

15.15p.m. Meeting with Mr. Jimmy Martin, Assistant Secretary, Criminal Law Reform Division, Department of Justice & Law Reform to discuss the Department's planned legislative initiatives in this area in particular the development of a Criminal Procedure Bill dealing with certain pre-trial procedures, video link hearings and certain other matters. Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

16.15 p.m. – 17.00p.m Meeting with Mr. Ken Murphy, Director General and Members of the Criminal Law Committee of the Law Society of Ireland, Shalom Binchy (Committee Chair), James MacGuill (former Committee Chair and former President of the Law Society), Dara Robinson (another former Committee Chair) and Robert Purcell Venue: Criminal Courts of Justice, Parkgate Street, 5th floor (Room 503.6)

Previous articles on the judiciary’s use of public cash to fund judicial overseas junkets can be found here: Overseas travel of Scottish judges.

24 comments:

Anonymous said...

Oh dear.I sense further developments at some point.

Anonymous said...

Caught out on something why add Lady Dorrian when they already said Carloway went alone.Makes it look even worse now.
Does anyone believe the iffy explanation from the judiciary?
I dont!

Anonymous said...

These judges sure enjoy giving themselves lots of hols with each other noshing up on our cash

Anonymous said...

The Judicial Office for Scotland ended further enquiries at the time with the statement “We have checked the information that we provided and we have nothing further to add.”

I bet they did.

Sounds fishy the whole thing and with this latest Gill's new rules on travel are obviously a load of rubbish.

Anonymous said...

Lord Carloway met two Irish senior judges in a Chinese restaurant - to discuss ‘efficiencies in the courts’

LOL

No note takers present I imagine! in the interests of efficiency!

Anonymous said...

How Scottish judges does it take to change a lightbulb?
The answer must be in the 100's!

Anonymous said...

Help yourselves to our money Lords and Ladies!
Who cares someone less well off needs cancer treatment or an expensive drug not available on the NHS when a judge needs £5,000 for a getaway to study law and mingle with his chums after 20 years in the job already.Sicking stuff!You all know I am correct.
How anyone can justify this and their inflated salaries to match their inflated egos is beyond me!

Anonymous said...

What exactly did M'luds learn while on their two day jaunt to Ireland?
and how exactly can a judge or anyone over the age of one manage "a two day trip to Dijon France with a claimed cost of £59.15"

I could say more..

Anonymous said...

Is it just me or does Carloway in a Chinese restaurant with two Irish judges sound not very believable.
Maybe the Judicial office for Scotland made the whole thing up to throw you off the scent of something bigger.
Where was Lady Dorrian while Carloway was having his dinner with the other two?
Presumably if you did not report the case to the Scottish Information Commissioner Lady Dorrian's starring role in this theatrical play would never be made public.
The Judicial office for Scotland claim they did not know Lady Dorrian was on the same trip and the booking was made separately.What a laugh.If I had a lie defector right now it would explode.
Christ I hope someone from the Irish press reads this and does some digging on what they were really up to.
Asking us to believe Carloway takes a £5,820.16 six day trip to Vancouver then he ends up having dinner with two Irish judges in a high street restaurant is at odds with judicial extravagance.
Better start checking out Chinese restaurants more frequently for judges discussing court business on the quiet!

Anonymous said...

Pity as I thought Lady Dorrian would have been above all this.Ah well.Another lesson learned.

Anonymous said...

I see lots of names of people we are not supposed to know linking up with each other who wont be happy with the attention

Anonymous said...

Someone @ Scottish Courts will have their knuckles wrapped for this odd miscommunication or otherwise.

Anonymous said...

Is it absolutely necessary to send elderly judges across the universe to study another country's justice system when we have our own problems and never seem to learn lessons from past mistakes?

Judges constantly bleat about their long held experience and judicial independence.Independence to do what?The answer appears to be fleece taxpayers at will and without question of their behaviour.

Anonymous said...

I for one am not surprised.Not one judge spoke out against Lord Gill's maniacal performance against the Scottish Parliament.All have something to hide therefore none to be admired.False role models trotted out in front of the cameras to make us all feel good while they help themselves to money better spent elsewhere.I watched Lady Dorrian on television a few nights back and wondered why they wheeled her out for a 30 second sketch on sentencing.

Anonymous said...

sneaky goings on now out in public

Anonymous said...

“Lord Carloway and Lady Dorrian visited Dublin to research the Irish criminal justice system to inform the on-going SCS review of evidence and procedure in Scotland, and were accompanied by an SCS Director with lead responsibility for this review work. They flew from Edinburgh to Dublin on the evening of Monday 24 March, and returned on the evening of Wednesday 26 March. They stayed at the Ashling Hotel, Parkgate Street, Dublin on the nights of 24 and 25 March.”

So much for the judiciary's new poster girl.

I make the following points and observations;

The separate booking explanation for failing to include Lady Dorrian is now contradicted by the SCS Director's chaperone like presence.

How did the Judicial Office manage to miss a Scottish Court Service Director and Lady Dorrian from Lord Carloway's Dublin junket?

At what point was the SCS Director added to the trip to make this look less iffy than the Bristol to Dublin switch after the SIC go their hands on the material?

Anonymous said...

Need I remind you Leonna Dorrian is formerly an Advocate Depute (1988-1991)of the Crown Office and was interviewed as part of Magic Circle whitewash report "The Report on an Inquiry into an Allegation of a Conspiracy to Pervert the Course of Justice in Scotland"

Page Four of the report lists other interesting names almost a veritable who's who of current top jobs in the Scottish legal 'establishment'

Anonymous said...

I am familiar with an individual who was interviewed in relation to the report on the Magic Circle affair.

When they requested a copy of their statement,a heavily doctored version was presented in response.

When they queried why much of what was taken in evidence did not appear,it was said in response their career was destined only to be as long as a certain institution approved.

Speaks volumes of the 'nothing to see here' conclusion and those who denied knowledge or being aware of events at the time.

The present bears a remarkable resemblance to the past.

Anonymous said...

Some serious stuff going on here not just a little trip across the Irish Sea for a couple of elderly judges

Anonymous said...

Checked the witness list yes she is on it as well as some notable others!

Magic Circle Report list of witnesses
A-M
Douglas ALLAN , Sheriff of South Strathclyde, Dumfries and Galloway at Lanark, and formerly Regional Procurator Fiscal, Lothian and Borders
Dean BARNES
Thomas BELL , Sergeant, Lothian and Borders Police
James BETHELL , Reporter, "The Sunday Times"
David BLAIR-WILSON , Solicitor, Edinburgh
Edward BOWEN QC
Douglas BROWN , Assistant Solicitor, High Court Unit , Crown Office
Karen BROWN
Peter BROWN , Sergeant, formerly Detective Sergeant, Lothian and Borders Police
David BURNS QC
Ian BURRELL , Assistant News Editor, "Evening News"
Alastair CAMPBELL , Advocate
Hector CLARK , Deputy Chief Constable, Lothian and Borders Police
Isabel CLARK , Procurator Fiscal Depute, Edinburgh
The Honourable Lord CLYDE , Senator of the College of Justice
Stephen COMERFORD , Constable, formerly Detective Constable, Lothian and Borders Police
Stephen CONROY
Stephen CONROY , Senior
Hugh CORBETT , Detective Sergeant, Lothian and Borders Police
Kevin CRAWFORD
William CROOKSTON , Detective Chief Inspector, Lothian and Borders Police
Frank CROWE , Procurator Fiscal, Kirkcaldy, formerly Assistant Solicitor,High Court Unit , Crown Office
Leslie CUMMING , Chief Accountant, The Law Society of Scotland
Thomas DAWSON QC , Solicitor General for Scotland
Ian DEAN , formerly Crow n Agent
Leeona DORRIAN , Advocate
Brian DOUGLAS , Advocate
Kevin DRUMMOND QC
Gordon ELLIS, Depute Clerk of Justiciary
Christopher FEW, Police Constable, Northamptonshire Constabulary, formerly
Detective Constable, Lothian and Borders Police
M ar k FITZPATRICK , Advocate
Hugh FOLEY, Principal Clerk of Session and Justiciary
David FORSYTH, Reporter, "Evening News"
The Right Honourable the Lord FRASER OF CARMYLLIE QC, Minister of State at The Scottish Office, formerly Lord Advocate
Martin FRUTIN
Brian GILL QC , Keeper of the Advocates' Library
William GILLON , formerly Depute Clerk o f Justiciary
Michael GLEN
Richard GODDEN, Solicitor, Edinburgh
Robert HENDERSON Q C
Thomas HEPBURN , formerly Detective Chief lnspector, Lothian and Borders Police
William HIDDLESTON , formerly Detective Chief Superintendent and Head of CID, Lothian and Borders Police
The Right Honourable Lord HOPE , Lord President of the Court of Session and Lor d Justice General
Allan HUTCHISON , Chief Reporter, "The Scotsman"
Ian IRVING , Detective Inspector, Lothian and Borders Police
Alan JOHNSTON QC , Dean o f the Faculty of Advocates
David JOHNSTON , Reporter, Radio Forth
Richard KEEN, Advocate
Robert LEES, Regional Procurator Fiscal, Lothian and Borders
Robert LEITCH, formerly Detective Inspector, Lothian and Borders Police
Magnus LINKLATER Editor, "The Scotsman"
Duncan LOWE, Crown Agent, formerly Regional Procurator Fiscal, Lothian and Borders
Gordon McBAIN, Solicitor, Edinburgh
Paul McBRIDE, Advocate
The Right Honourable the Lord McCLUSKEY OF CHURCHHILL, Senator
of the College of Justice
William McDOUGALL , Higher Precognition Officer, Procurator Fiscal's Office, Edinburgh
Norman McFADYEN , Assistant Solicitor, Fraud Unit , Crow n Office
Kenneth MACIVER , Assistant Procurator Fiscal, Edinburgh
Andre w McLAUGHLIN
Elish McPHILOMY, Senior Legal Assistant, Crown Office
Iain McSPORRAN, Procurator Fiscal Depute, Edinburgh
Maria MAGUIRE, Advocate
Elaine MATTHEWS
Hugh MATTHEWS QC
The Honourable Lord MILLIGAN, Senator of the College of Justice
John MITCHELL QC
James MUIR , Solicitor, Shorts
John MURRAY QC , Dickson Minto Professor of Company and Commercial
Law, Edinburgh University, formerly Senator of the College of Justice
Neil MURRAY QC

Anonymous said...

Magic Circle report list of witnesses
N-W

Isabel NICOL , formerly Detective Sergeant, Lothian and Borders Police
Lawrence NISBET, Advocate
Derek OGG, Advocate
Charles ORR, Sergeant, formerly Detective Sergeant, Lothian and Borders Police
Roger ORR, Chief Inspector, formerly Detective Chief Inspector, Lothian
and Borders Police
The Honourable Lord PENROSE , Senator of the College of Justice, formerly Home Advocate Depute
Richard PRENTICE , Assistant Chief Constable, Lothian and Borders Police
James REILLY, Advocate
Brian REYNOLDS , Sergeant, Lothian and Borders Police
The Right Honourable Malcolm RIFKIND QC MP, Secretary of State for Defence, formerly Secretary of State for Scotland
Peter ROBERTSON, formerly Detective Inspector, Lothian and Borders Police
The Right Honourable the Lord RODGER OF EARLSFERRY QC , Lord Advocate, formerly Solicitor General for Scotland
Linda RUXTON, Assistant Procurator Fiscal, Glasgow, formerly Senior Procurator Fiscal Depute, Edinburgh
John SIMPSON , Advocate
Robert SINCLAIR , Depute Clerk of Justiciary
Walter Easton SMITH
Michael SOUTER , Inspector, formerly Detective Inspector, Lothian and Borders Police
Donald STEWART, Inspector, Lothian and Borders Police
The Honourable Lord SUTHERLAND, Senator of the College of Justice
Sir William SUTHERLAND, Chief Constable, Lothian and Borders Police
Colin TUCKER
Peter WATSON, Solicitor, Glasgow
John WATT QC
Thomas WELSH, Advocate
Peter WILSON, Superintendent, Lothian and Borders Police

Anonymous said...

Magic Circle nothing to see?Only in Scotland nothing to see.

The FBI and American cops know how to deal with judges who do same over there http://www.bbc.co.uk/news/world-us-canada-37686038

Arkansas judge who 'traded sexual favours' in return for lighter sentences indicted

A former Arkansas judge accused of giving lighter sentences to male defendants in exchange for nude photos and sexual acts has been indicted on federal fraud and bribery charges.

Joseph Boeckmann resigned in May after dozens of men claimed he paid them to allow him to spank them with a paddle and to take photos of the red skin.

Mr Boeckmann, 70, has previously denied the allegations through his lawyer.

According to a federal indictment, he now faces 21 separate charges.

They include eight counts of wire fraud, two counts of witness tampering, one count of federal programme bribery and 10 counts of violating the federal Travel Act.

The indictment accuses Mr Boeckmann of "corruptly using his official position as an Arkansas district judge to obtain personal services, sexual contact, and the opportunity to view and to photograph in compromising positions persons who appeared before him in traffic and misdemeanour criminal cases in exchange for dismissing the cases".

At least one of his alleged victims was only 16, the indictment states.

It has also been alleged the former Cross County District Court judge also allegedly had more than 4,600 photos of nude or semi-nude men on his computer.

Mr Boeckmann resigned earlier this year after an investigation into allegations of inappropriate sexual relationships with men accused of crimes dating back to his time as a prosecutor decades earlier.

The head of the Arkansas Judicial Discipline and Disability Commission, which conducted the initial investigation, has called the allegations "if not the worst, among the worst cases of judicial misconduct'' in state history.

Anonymous said...

Plenty rumours going round about these two after your story mr C..

Anonymous said...

More junkets and judicial palm pressing by our unaccountable unelected judiciary.
They despise transparency because they are making their own rules up as they go along and for themselves and their own interests.