Thursday, September 20, 2018

JUDGE SCANDAL: Dark side of Scotland’s judiciary reveals how judges & courts covered up scandal hit judges - from fraud, tax avoidance, alcohol related violence to the wife-beating Sheriff - who all avoided action from Crown Office & Police

Judiciary, Police & prosecutors failed to act on retired scandal Sheriff. THE WAY in which the Judiciary of Scotland deal with allegations against their own members, was never more evident, and in remiss than when the wife of a now deceased Sheriff tried in vain to report her judge husband to Police and prosecutors.

The late Sheriff Lothian, who it turns out - was well known to judicial figures and even Scottish Court Service staff - for his visits to sauna parlours, rumours of mistreatment of his family and use of prostitutes – is one of the dark, yet not so far away chapters of Scotland’s legal circuit.

Yet to this day, snippets of similar behaviour by sheriffs & senior legal figures from unpublished court documents, hearings in chambers,quietly arranged divorces and even missing Police reports - is as shielded from the public today, as it was during Lothian’s reign in the Sheriff courts.

Far from the image of judicial figures cosying up to First Ministers, Lord Advocates and the reluctant ex top judges lecturing politicians and the public on morality, transparency and accountability - members of the judiciary have recently been caught up in all kinds of seedy accusations, ranging from mega millions in hedge fund linked financial impropriety, to carefully concealed court cases and even divorce, where allegations against judges range from wife battering to drunken rages and smashing objects.

Yet, the public learn very little, if usually nothing of these events - and mysteriously, the courts, prosecutors, even Police, all comply with a very judicial silence.

The “me too” #metoo movement - a campaign to denounce sexual assault and harassment – which has somehow mysteriously skipped Scotland under First Minister Nicola Sturgeon – certainly stands no chance against angry, embittered & wife beating members of the judiciary.

Nor does “me too” stand a chance against shady senior figures in Police Scotland- who support each other when reports of sexual assault or harassment end up buried with a ‘no action’ ticket at the Policeman’s ball.

The history of the demise of Sheriff Lothian – who died in 2016 – is well known.

However, the cover up by colleagues on the bench, who knew of Lothian (and other judicial figures) associations with prostitutes, sauna bars, and the attempts by Lothian’s wife to report her husband to the Police & Crown Office – stands to this day as an example of the dark side of Scotland’s judiciary.

A carefully crafted system of cover up, denial and protection of a 500 year old white male dominated judiciary - which runs from the lowly Justices of the Peace who have criminal records for shop lifting & assault, to the most senior levels of the bench where tax avoidance, failures to declare interests, wife beating & carefully denied allegations of sexual misconduct in the workplace never see the inside of a court, the pages of a recusal register or the ink of a charge sheet.

It is also worth noting, many of Scotland’s current senior judges were on the judicial bench during Sheriff Lothian (among others) penchant for boozing, sexual assault, use of prostitutes & reign of terror at home. Yet, to this day, not one judge ever spoke out.

Sheriff Lothian quietly retired on a pension of £7,000 a month.

A Freedom of Information disclosure from the Scottish Government to DOI Journalists also revealed Sheriff Lothian received substantial payments from the Scottish Government & service awards.

Documents within the FOI disclosure reveal that under the Judicial Pensions Act 1981, Sheriff Lothian was entitled to a pension of £63,200.00 per annum and a lump sum of £84,547.00 and in addition Lothian would receive a service award of £50,560.00, based on a salary of £126,400.

Additionally, under the Judicial Pensions and Retirement Act 1993, Sheriff Lothian was entitled to a pension of £62,627.00 per annum, and a lump sum of £84,547.00 together with a net service award of £52,920.00 – based on his pensionable pay of £125,253.33.

Exchanges within the documents disclosed by the Scottish Government also reveal the then Justice Secretary – Kenny MacAskill – was not informed of Sheriff Lothian’s sudden decision to quit the bench, and further emails between heads of the justice department show concern at enquiries from newspapers as to the conduct & status of Sheriff Lothian.

In relation to the allegations against Sheriff Lothian of wife beating and other reports to Police - no action was ever taken against him by the Crown Office or Lothian & Borders Police.

A report on the allegations against Sheriff Lothian and the suffering of his wife, which exposed brutality at a judicial level, featured in the former News of the World newspaper.

It may be a grim read for some, but a necessary read for all – and much further afield than Scotland:

SICK SECRETS OF SAUNA SHERIFF  

Ex-missus claims Lothian's obsession with vice girls and booze destroyed their marriage  Downed sprits daily  Begged for 3-way sex  Hit wife at Christmas

By MARCELLO MEGA News of the World 15 March 2009

SLEAZY sheriff Andrew Lothian is a wife-beating drunk who's obsessed with prostitutes, his ex-wife reveals today.

The shamed 66-year-old was forced to quit the bench after claims he paid for spanking and whipping sessions with an Edinburgh hooker.

But today the News of the World can expose the SHOCKING secrets of his sordid private life.

According to long-suffering ex-wife Harriet Lothian, the twisted beak TRIED to make her have sex with strangers while he watched

ADMITTED using prostitutes during their marriage

DOWNED at least a bottle of spirits every day, and BATTERED her while their unsuspecting kids slept upstairs.

Speaking at length for the first time since her ex-husband's sauna shame, disgusted Harriet, 57, said: "I'm surprised it took so long for his activities to be exposed.

"I tried repeatedly to alert the police and the Crown to his unsuitability for office because of his behaviour, but to no avail.

"I suffered greatly at his hands, both during our marriage and for many years after I divorced him."

We told last November how Lothian quit his £125,000-a-year job after Crown Office bosses confronted him about allegations over his private life.

But, according to Harriet his obsession with sordid sex had been going on for YEARS.

Lothian's wife of 19 years said: "Sexually, there were problems from an early stage in the marriage.

"I found it so unsettling that I sought advice from my father, who was a doctor, and who I could talk to about anything.

"Andrew was into kinky but fairly inadequate sex. He also had fantasies about introducing third parties, men or women, into the bedroom.

"I had no interest, but he kept asking me to do it to please him.

Repugnant

"I refused because I found the idea repulsive. He said he could pay people to make his fantasies come true." Harriet suspected her hubby was using hookers DURING their marriage.

And she told how her elderly father was forced to confront Lothian about the sleazy claims.

Harriet said: "He confessed without any shame. He told me he had lost his virginity at 16 to a prostitute, and that he'd always been turned on by them.

"I was devastated. I told him I'd never have unprotected sex with him again but he was totally unrepentant.

"Once his obsession was out in the open, he became more demanding. If he was out at a dinner, he would bring men home and want me to have sex with them while he watched.

"I would have to throw them out, which was embarrassing. I found the idea repugnant. Apart from anything else, I had children in the house.

"My father was 68, but was very close to me and he had no hesitation in speaking to Andrew and telling him to shape up."

The couple had married on December 28, 1983, after a whirlwind romance.

Lothian already had a son, also Andrew, from the first of two previous marriages, and Harriet had a young son, James, from a previous relationship.

Two years after their wedding, Harriet gave birth to their son Robert, but already the foundations of the marriage were beginning to crumble.

She says: "By the time Robert came along, I had serious concerns about his father's alcoholism and how terribly ill it was making him.

"He was drinking at least a bottle of spirits a day, and that was just what I was witnessing. He was in a mess.

"I went home with Robert on New Year's Day 1986 and Andrew was in such a terrible state that he became abusive. I threw a milk bottle at him and hit him on the side of the head.

"The next day, I insisted he saw a doctor, and he agreed because his mother was in the house.

Harriet tried to alert senior legal officals to her husband's alcohol abuse but was snubbed at every turn.

Things spiralled further out of control and by Christmas 1996 Harriet demanded Lothian move out.

She said: "His language became more abusive. There were implied threats of violence and the odd punch to the side of the head where no visible marks were left, but I was still shocked by what happened then."

Harriet told how their sons, James, now 27, and Robert, now 23, were in their bedrooms when a huge row erupted on Christmas Eve that year.

She claims Lothian slapped her hard in the face, before punching her full on the nose.

As their shocked mother took refuge in the bathroom, where she tried to stem the flow of blood, both sons plucked up the courage to leave their rooms and go to her aid.

Charade

With her face badly marked and her eyes beginning to blacken, the family went through the motions the next day, exchanging presents and eating dinner — but the mood was understandably bleak.

Harriet said: "Until that point, I'd been trying to hold things together for my sons, but I couldn't go on with the charade.

No child should have to see their mother pouring with blood from a blow their father has struck.

It was a total nightmare." Robert said: "I remember clearly what happened that night and it sickens me the way he behaved. It is more than ten years since I have spoken to him.

"When I was 12 I wrote him a letter telling him I wanted nothing to do with him." Following the attack Harriet demanded that Lothian move out of the family home in Lauder, Berwickshire.

She wept: "I feared for the safety of our sons. I had no choice."

But in SLEAZE: summer 2001 Lothian — then living in Edinburgh — launched a court bid to SELL the house.

She said: "The move was especially hurtful as Robert was about to start his Higher courses.

"It was also difficult to understand as Andrew had inherited a six-figure sum the previous year when his mother died."

Lothian's partner at that time, Eleanor Burns, daughter of Sir John and Lady Eleanor Burns, had also inherited a substantial sum on the death of her mother, just a week before Catriona Lothian's death.

By 2002, when they finally divorced, Harriet claims exclusive that Lothian enjoyed a six-figure salary whilst Harriet took care of their children and could only work part-time as a rape crisis counsellor.

In the end she had to pay Lothian £28,000 to buy him out of the family home and finish the marriage.

Assault

Lothian and his brother Murdoch were subject to an Inland Revenue investigation in 2000 after claiming the contents of their late mother's Stirling home were worth a mere £5,000.

This included antique furniture, jewellery, silver, paintings and pottery.

It's understood the Inland Revenue later valued the list at £300,000.

But Harriet still wishes justice had been done for the assault she endured in 1996. She said: "Successive governments on both sides of the border have claimed to wage war on domestic violence.

"There was an opportunity for the Scottish establishment to show there was substance behind the platitudes by taking action against a senior lawyer. But typically, they covered his back." Now self-employed in horticulture, Harriet added: "I have to work extremely hard to make a living.

Andrew's disgrace has not made life any easier, but I feel vindicated."

Lothian served on the Glasgow bench from 1979 to 1992 before moving to Edinburgh. He's expected to keep his £7,000-a-month pension.

He was unavailable to comment on the allegations.

Read more articles about the Judiciary of Scotland here : Judiciary of Scotland - Previous articles

14 comments:

Anonymous said...

Another life destroyed by an unaccounatble and secretive, self regulating legal profession in Scotland.

When are Scottish politicians going to put a stop to this disgrace?

Anonymous said...

Marvelous to see how the honest judiciary cover up the dirtiest judges. Clearly he was corrupt, even if Carloway says no corruption exists in the judiciary.How else could Lothian have gone on willfully concealing his use of prostitutes and by definition fraternising with criminals for decades while Crown Office and the cops claimed not to be aware. Ridiculous.
Persons involved in the sauna were alleged to have been blackmailing Lothian and were jailed after he retired.

Anonymous said...

As usual your update with the foi is very revealing.
Why did MacAskill not order an inquiry into Lothian's conduct which by all accounts was going on for years.
In essence the Scottish Government let him off the hook just as much as the judiciary did - and your point about judges of the time not speaking out is well taken - especially given the same judges and sheriffs around Lothian are now in even higher office.

Anonymous said...

I have a treat for you Peter which you may want to look into.
The other day on your excellent twitter feed you made a tweet about a Jessica M Burns who is an independent observer to appointment of Queens Counsel.

I would like to point out the same Jessica M Burns wrote to Scottish Legal News after they published an article about Sheriff Lothian where she clearly was very angry with the content.

The SLN article was deleted after the letter from Jessica M Burns, who prefers to promote Andrew Lothian's positive points rather than his wife beating episodes and sessions with prostitutes.

I am truly surprised a so-called "independent observer" of Queens Counsel appointments was selected for such a post after lobbying a legal publication linked to staff of the Press Office of the Judiciary regarding content relating to a widely disrespected sheriff.

Here is Ms Burns letter.

https://scottishlegal.com/article/sheriff-andrew-lothian-2

A letter from Jessica M Burns:

I have never felt moved to write to your otherwise excellent publication on any previous occasion but do so now in respect of the new item yesterday concerning the sad and sudden death of former Sheriff Andrew Lothian.

The news item recording this death was entirely proper but then to proceed to highlight three negative incidents in a life fully lived does not do Scottish Legal News any credit. The item lacked balance in not mentioning any of Andrew Lothian’s significant achievements such as writing the erudite and entertaining Petronius column in the Journal of the Law Society of Scotland for more than 30 years and his wisdom as a sheriff who had sound judgement but also compassion and true understanding of flawed human beings. I invited him to be an honorary lecturer at Glasgow University in 1983 where I then lectured in criminal procedure and he delivered a series of lectures on this topic from the perspective of a sheriff in Glasgow which never failed to engage, inspire, and inform in equal measure.

Andrew Lothian was a complicated man with a broad hinterland of cultural interests who enhanced the bench with intellectual ability, personality and humanity. On the occasion of his death, to highlight three transgressions without even a nod towards the total sum of the man is a gross injustice which should offend all those who work in the legal profession. Among those attending his funeral yesterday included those holding the highest judicial office and many long-standing friends and colleagues whose lives had been greatly enriched simply by knowing Andrew. This is surely a truer reflection of the proper esteem in which he was held than the sordid aspects of his life which you highlighted might suggest.

Yours sincerely

Jessica M Burns

Glasgow

We stand rebuked and have removed the offending item from our website. We offer our apologies for any upset caused.

Diary of Injustice said...

@ 20 September 2018 at 14:45

Even if he had, would probably have led to a nothing to see approach from COPFS and Lothian & Borders Police ...

Any closer look or criminal prosecution re Sheriff Lothian's activities and his treatment of his wife, and others might also have impacted on cases he ruled upon in court.

@ 20 September 2018 at 14:53

Thanks for this.

A very interesting point of view from someone appointed by the Scottish Government as an independent assessor of QCs ...

This requires media attention given the public interest in Sheriff Lothian's time on the bench and activities which led to his 'retirement' without any action on allegations put to COPFS & the Police as reported in the News of the World article.

Anonymous said...

One wonders how many more wife beaters and customers of prostitutes are hidden within judicial ranks.
If memory serves Sheriff Lothian was a Sheriff Principal.Given his rank and status and the ease with which his activities were deliberately hidden for so long it would be reasonable to assume others in the Judiciary of Scotland have got away with same or much worse and no punishment.

Shocking to say the least.

Anonymous said...

If they had murdered someone and it was covered up, that is what I would expect from these teflon crooks. Nothing they do shocks me, they are the law which is why coverups are endemic.

Anonymous said...

I was told recently by an advocate in our social group, without even a hint of sarcasm, that the Scottish Judiciary knew that they had a permanent get out of jail free card because they argued that it would be unfair to send them to jail for committing crime because they would be lynched therefore, they felt they had the right to break the law with impunity.

This got so out of hand over the years that a group of Judges used to bet one Pound each to see which of them could commit the biggest miscarriage of justice in their court, with the winning Judge collecting their fellow judges £1.

Anonymous said...

JUDGE SCANDAL: Dark side of Scotland’s judiciary reveals how judges & courts covered up scandal hit judges - from fraud, tax avoidance, alcohol related violence to the wife-beating Sheriff - who all avoided action from Crown Office & Police....................Yes the system stinks, but this is what I expect. We are certainly not equal before the law. Animal Farm comes to mind with Napoleon and his Pigs doing what the judiciary do.

Anonymous said...

Wrote most of his own kids out of his will too

https://www.thescottishsun.co.uk/news/504548/kinky-sex-sheriff-andrew-lothian-snubs-three-of-his-sons-in-his-500k-will/

Shamed lawman's legacy Kinky sex sheriff Andrew Lothian snubs three of his sons in £500k will

The sheriff who quit the bench over kinky sex claims has left entire estate to one son cutting the other three brothers from his will
Exclusive
BY PAUL THORNTON
29th January 2017, 8:57 am
Updated: 29th January 2017, 9:34 am

A SHERIFF who quit the bench in disgrace over kinky sex claims snubbed three of his sons in a £½million will.

Andrew Lothian left his entire estate to Andrew jnr while brothers Robert, James and Jack got nothing following his death last year.

Andrew Lothian stepped down from his job over kinky sex claims

The fortune includes two properties in Edinburgh and more than £130,000 in cash.

He also had shares worth thousands of pounds — and a P-reg Toyota Corolla motor valued at £200.

Lothian who battled booze issues, once tried to evict Robert, James and his estranged wife
Harriet from their home in Lauder, Selkirkshire.

But legal experts revealed his final wishes could be challenged.

Lindsay Maclean, of Gibson Kerr solicitors, said: “Children are entitled to a share of their parents’ estate regardless of the will.

“Houses are excluded but cash, savings or shares count.”

Lothian left £574,000 when he passed away at 74 last July.

Anonymous said...


Anonymous said...

One wonders how many more wife beaters and customers of prostitutes are hidden within judicial ranks.

If memory serves Sheriff Lothian was a Sheriff Principal.Given his rank and status and the ease with which his activities were deliberately hidden for so long it would be reasonable to assume others in the Judiciary of Scotland have got away with same or much worse and no punishment.

Shocking to say the least.
-------------------------------------------------------------------------------------
Nothing these people would do would shock me, nothing their conduct is due to the lack of morals and the cover up culture they entered when that joined the legal profession. Many people think these powerful judges and their colleagues are pillars of the community. When people deal with them or try to complain about them they learn they are the opposite of what they thought they were. It is the same with some churches cover ups hiding horrendous crimes and covered up to protect clergy.

Anonymous said...

Wife beating monster sheriffs have their fans after all.
How come this person is in a position to oversee queens counsel?
Really shocking that website withdrew their story about Lothian on the basis of that letter!

Anonymous said...

Anonymous said...

Another life destroyed by an unaccounatble and secretive, self regulating legal profession in Scotland.

When are Scottish politicians going to put a stop to this disgrace?
======================================================================================
They won't for a number of reasons. Judges are the real power in the system, politicians are there to create the illusion of freedom by elections ever so often but the secret judiciary control the whole system. Like the church historically did when theocracies were the source of power. Cast votes as much as you want, this secret system is not on the election agenda because the rulers as far as law is concerned are the judges and the legal profession. Self regulation covers up corruption to the extent that those who benefit from it are above the law. Now if Sturgeon had a referendum where the question was should Scotland's judges have a Register of Interests it may change but she would never do that because she is one of them and she does not want self regulation to end. The only weapon against these people is what DOI are doing. Use the complaints system against lawyers and judges and members of the public unknowingly participate in the inevitable covering up of what has happened to them.

Anonymous said...

The dead wife beater was obviously a well known monster for many years and he was still a sheriff and deciding the fate of innocent or people just as bad as him and this was all covered up by ever single judge policeman politician and anyone else who knew about his abusing of his wife and the rest of it
disgusting