tag:blogger.com,1999:blog-20722989.post5280405106258967666..comments2024-03-24T23:01:57.640+00:00Comments on The Justice Diaries: FOURTEEN lawyers accused of multi-million pound legal aid fraud escape justice as Scotland’s Crown Office fail to prosecute all cases in 5 yearsUnknownnoreply@blogger.comBlogger77125tag:blogger.com,1999:blog-20722989.post-51532420170050392432014-06-27T20:36:57.129+01:002014-06-27T20:36:57.129+01:00Kind of late to the party here anyway just wanna s...Kind of late to the party here anyway just wanna say someone probably took a BRIBE to allow 14 lawyers to steal public money and get away with it!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-74348537858789415072014-01-24T15:30:41.045+00:002014-01-24T15:30:41.045+00:00Really amazing your prosecutors in Scotland get aw...Really amazing your prosecutors in Scotland get away with something like this and the rest of the press dont even bother with it.Just amazing.If this happened in England it would have been on television and running for days in the papers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-18758827331113541792012-02-10T00:43:12.464+00:002012-02-10T00:43:12.464+00:00If this is not corruption I dont know what is.The ...If this is not corruption I dont know what is.The entire Crown Office should be sacked - they all favour the crooked lawyers even when stealing taxpayers money.Take notice everyone this is YOUR money going into these crooks pockets and the prosecutors are allowing them to get away with it.In fact some of them probably went out to dinner with the criminals after taking the decision not to prosecute!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-12225572126543127502011-07-23T21:43:22.639+01:002011-07-23T21:43:22.639+01:00I saw this in the paper and called legal aid on th...I saw this in the paper and called legal aid on the Tuesday to tell them about my lawyer who keeps demanding money off me and I'm getting legal aid anyway this nasty sarcastic sod on the phone told me to tell my lawyer about it what do you think I should doAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-4020088540852912332011-07-23T13:45:30.511+01:002011-07-23T13:45:30.511+01:00SLAB and the Crown Office are unfit for purpose an...SLAB and the Crown Office are unfit for purpose and this Muir fraud should be thoroughly investigated & exposed.<br />Good work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-2138674563770590632011-07-22T14:57:59.698+01:002011-07-22T14:57:59.698+01:00What a posting!
This one started with 14 lawyers l...What a posting!<br />This one started with 14 lawyers let off the hook for legal aid fraud and ends up with comments about a legal aid boss off the hook for an incident with a rent boy in a public place.<br /><br />Is this not proof enough we should have a new structure in place to police and award legal aid to people who really deserve it instead of lawyers who are pocketing millions for themselves usually by fraudulent means?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-25610007083516574952011-07-22T12:47:19.486+01:002011-07-22T12:47:19.486+01:00Thanks for the added interest in the James Muir le...Thanks for the added interest in the James Muir legal aid fraud.Now I've read what Peter has to say about it I will do some enquiries of my own as it seems there is more to the story than SLAB and the Law Society wanted made public.<br /><br />Keep up the good work Peter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-58447924593360914172011-07-22T11:39:05.433+01:002011-07-22T11:39:05.433+01:00You will all be pleased to know the Legal Aid Chie...You will all be pleased to know the Legal Aid Chief then got off the hook as usual and kept his job nothing doing Law Society did nothing blah blah and according to some with a hidden agenda probably to cause mischief its now homophobic to report such incidents<br /><br />http://www.dailyrecord.co.uk/news/scottish-news/2009/08/15/legal-aid-chief-found-in-shop-toilet-with-rent-boy-keeps-job-86908-21598336/<br /><br />Legal Aid chief found in shop toilet with rent boy keeps job<br /><br />Aug 15 2009 Paul Thornton<br /><br />A LEGAL Aid boss, who was arrested in a toilet with a rent boy, has kept his job and won't be struck off as a lawyer.<br /><br />Douglas Haggarty, 58, was found with the teenager by security guards in British Home Stores in the St Enoch Centre, Glasgow, in January.<br /><br />The head of legal services at the Scottish Legal Aid Board, where his duties include lecturing lawyers on their conduct, was charged with soliciting in a public place.<br /><br />But his lawyer, Paul McBride, QC, claimed there was not enough evidence and charges were dropped.<br /><br />The Crown Office said Haggarty had been dealt with by a direct measure but would not say whether it was a warning letter, fine or other penalty.<br /><br />Now the Law Society of Scotland have revealed he will face no professional sanctions.<br /><br />The high-flying lawyer, who lives in Glasgow's Merchant City, went off sick from work after the incident but is understood to have been back for several months.<br /><br />A Law Society spokesman said: "The society's client care committee took account of the fiscal's decision and reasons for it."<br /><br />A slab spokesman said: "It would be inappropriate for the board to comment on a matter personal to a member of staff."<br /><br />Charges against the teenager were also dropped.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-18142856141147480762011-07-22T11:37:43.645+01:002011-07-22T11:37:43.645+01:00Ah right I see exactly what this guy doesnt want t...Ah right I see exactly what this guy doesnt want to discuss about Legal Aid links to homophobes.Something like this -<br /><br />http://www.dailyrecord.co.uk/news/scottish-news/2009/05/03/exclusive-legal-aid-chief-arrested-with-rent-boy-in-shopping-centre-toilet-78057-21328394/<br /><br />Exclusive: Legal aid chief arrested with rent boy in shopping centre toilet<br /><br />May 3 2009 Derek Alexander, Sunday Mail<br /><br />A LEGAL Aid boss has been arrested in a public toilet with a rent boy.<br /><br />Douglas Haggarty, 57, was arrested in a shopping mall after being found with the teenage prostitute.<br /><br />He is the head of legal services at the Scottish Legal Aid Board (SLAB) - where his duties include lecturing lawyers on their public conduct.<br /><br />Haggarty was arrested in British Home Stores in the St Enoch Centre, Glasgow.<br /><br />Security guards alerted police after the known rent boy was seen following Haggarty into the shop's toilets.<br /><br />Both men were arrested and Haggarty was charged with soliciting in a public place.<br /><br />The procurator fiscal started summary proceedings against Haggarty.<br /><br />But his lawyer Paul McBride QC - who sits as a member on the Scottish Legal Aid Board - asked the Crown Office to drop the charges, claiming there was not enough evidence to convict.<br /><br />The procurator fiscal has decided to scrap court proceedings and deal with the case by a direct measure. These are powers available to prosecutors to deal with cases quickly.<br /><br />They include issuing a fine, compensation order and written warning about future conduct. The powers available to procurators fiscal were extended last year.<br /><br />The rent boy also had court proceedings against him dropped and was issued with a direct measure.<br /><br />Haggarty, who lives in the Merchant City area of Glasgow, started work as a solicitor in 1975.<br /><br />He helped Lord Bonomy compile his 2002 report on improving the practices and procedure of the High Court.<br /><br />Haggarty submitted a paper to a Scottish Parliament finance committee on criminal procedure in 2003 and has been a member of other High Court review teams.<br /><br />The legal aid chief, who declined to comment, has been off work sick since the incident in January.<br /><br />A slab spokesman said: "The Board is aware of the case and that it has not been prosecuted. It's not appropriate for us to comment further."<br /><br />Haggarty isn't the first SLAB boss to be arrested and dogged by controversy.<br /><br />Dr Richard Scott, former head of SLAB, was twice arrested over incidents with his wife.<br /><br />Arrest In January 1997 he was charged with three assaults but only convicted of breach of the peace and disorderly behaviour.<br /><br />Six months later Scott was arrested again when police were called to his home but the Crown Office decided not to bring criminal charges.<br /><br />Scott stood down as head of SLAB in 1999.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-42253909518030549472011-07-21T23:27:10.875+01:002011-07-21T23:27:10.875+01:00Be in no doubt I am watching this discussion relat...Be in no doubt I am watching this discussion relating to the theft of £1.8 million pounds of legal aid by James Muir (deceased) and note all that has been said so far.<br /><br />Whatever the truth is in this particular case, I am sure it has not surfaced in any newspaper yet. For one thing a media colleague of mine was deliberately shut out of press releases on this case long before it appeared in a significantly sanitised form in some newspapers. I will endeavour to report the full facts whether I get them from official sources or not.<br /><br />Going back to the topic of this posting, the fact that 14 solicitors escaped prosecution for alleged legal aid fraud, clearly the law is not working or being applied to actions committed by the legal profession, as opposed to crimes committed by members of the public.<br /><br />I have already been shown papers documenting significant involvement from the Law Society, Legal Defence Union and other 'representatives' of the legal profession in legal aid fraud case, enough to say without any doubt deals have been done to avoid headlines of solicitors being prosecuted in Scotland for legal aid fraud.Diary of Injusticehttps://www.blogger.com/profile/00697476580161690118noreply@blogger.comtag:blogger.com,1999:blog-20722989.post-68504225619054430142011-07-21T21:57:58.674+01:002011-07-21T21:57:58.674+01:00To the earlier comment defending Mr Muir and the £...To the earlier comment defending Mr Muir and the £1.8 million theft<br /><br />Come on he stole the money everyone agrees he did and it is supposedly being paid back although no proof offered it actually is being paid back just a lot of talk.Death does not absolve the crime and like the other person said no one mentioned his family except you.Take your beef and homophobes stuff elsewhere.<br /><br />Hmm actually this reminds me of a tv interview I saw somewhere recently and the qc got all shirty with another lawyer about a new law being homophobic instead of sectarian which is what everyone else was told it was..so is it now homophobic to say lawyers steal from legal aid?Pfft!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-25369424476974724012011-07-21T19:52:01.855+01:002011-07-21T19:52:01.855+01:0010:58
Utter rubbish.You are back-pedalling faster...10:58<br /><br />Utter rubbish.You are back-pedalling faster than Rebekah Brooks.<br /><br />"All I’m saying is that you should leave off Mr. Muir’s family and the people his death affected, that’s just heartless. I hope something like that never happens to anyone."<br /><br />The only one mention of Mr Muir's family is coming from you.No one else did other than the story copied in from the hootsmon.If you have probs with what they said take it up with them.<br /><br />What is all this nonsense about homophobic statements?There are none on this blog that I can see and I subscribe to the comments as well as the postings!<br /><br />Are you one of those people trying to post weird comments on Cherbi's blog for malicious purposes?I've heard about those you know.We who read Mr Cherbi's exposes of Scotland's criminal elite in the legal profession are of more quality and more clued up than you think.<br /><br />"I’m a simple member of the public with a little education"<br /><br />Rubbish.Your preoccupation with burden of proof in your earlier comment gave the game away.Dont come the innocent now.I noticed you did not substantiate any of what you said,particularly with regard to my response and the enormous amount of money SLAB must have burned up getting to a reasonable burden of proof on their own.<br /><br />I wonder about the homophobic reference.Are you trying to suggest a link of homophobia to legal aid fraud?If so can you expand on it?I'd like to know more as I just downloaded the lists of lawyers and advocates who are claiming legal aid and I would like to tie up this homophobic claim of yours to legal aid/SLAB.<br /><br />Looking forward to hearing your next explanation and make it a credible one this time please.If you are treating this as a forum which I do,remember to reply to everything I've asked you and dont leave bits out!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-34899899802757572652011-07-21T11:28:35.956+01:002011-07-21T11:28:35.956+01:00Oh dear it looks like we have a lawyer breezing in...Oh dear it looks like we have a lawyer breezing in to support legal aid crooks!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-45874518311468766172011-07-21T10:58:03.649+01:002011-07-21T10:58:03.649+01:00Firstly, nowhere in my statement did I say good jo...Firstly, nowhere in my statement did I say good job for stealing 1.8m. Nor did I suggest that there are not broken lives all around the world because of legal action. Mr. Cherbi himself can attest to that. All I’m saying is that you should leave off Mr. Muir’s family and the people his death affected, that’s just heartless. I hope something like that never happens to anyone. I also did not say that there are not other injustices happening, you mention the notable ones. I merely put forward a reasonable explanation for why these specific 14 cases were not taken forward. I thought this was a forum, not a back slapping exercise. When other people are saying some of the profession are “queens” and “inbred” this was massively insulting. This was my reason for commenting on the readers. I’d be ashamed of such a homophobic statement. I’m a simple member of the public with a little education and an ability to try to see the bigger picture rather than accept things at face value. End of.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-54953055674091986392011-07-20T17:43:19.238+01:002011-07-20T17:43:19.238+01:0009:12
Bad start to the day or a guilty conscience...09:12<br /><br />Bad start to the day or a guilty conscience?How much legal aid are you on?<br /><br />Should we feel anything for Mr Muir who stole millions from Legal Aid while many deserving cases are refused it?I think not.I am happy to feel nothing for a thief who stole from the public purse.If he had stolen it in China or the Middle East he would not have time to commit suicide before they caught up with him.<br /><br />Broken lives.The legal profession leaves more broken lives in its wake than any other on earth including the army.<br /><br />Clearly the quality of Peter's readers is not in doubt given your own input albeit one sided and seemingly in praise of a fraudster colleague?<br /><br />I further suggest you take up your arguments on burden of proof with the Scottish Legal Aid Board who,at considerable public expense I assume clearly felt there was sufficient proof to prosecute.<br /><br />For the Crown Office to refuse.Well now we are talking about the same Crown Office who desert trials when they feel like it or engage in malicious prosecutions for the hell of it.I could go onto mention McKie,Lockerbie,Sheridan,Wold's End and the rest..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-4146424958689921282011-07-20T15:36:37.594+01:002011-07-20T15:36:37.594+01:00So what kind of person would support a thief who s...So what kind of person would support a thief who stole 1,8million from taxpayers?<br />Another thief?<br />or someone hacked off because you exposed this scum racket dipping their fingers in the till again?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-29817338216703744592011-07-20T14:57:21.580+01:002011-07-20T14:57:21.580+01:00Thanks for all your comments & emails on this ...Thanks for all your comments & emails on this article.<br /><br />Several comments naming solicitors who are the subject of complaints relating to legal aid fraud have not been published as I would rather report on them at a future date and with more media attention.<br /><br />If anyone suspects their solicitor is committing legal aid fraud, please contact me via scottishlawreporters@gmail.com<br /><br />I can assure anyone in the above circumstances it is in your interests to make the media aware of your concerns before going to the Scottish Legal Aid Board, SLCC, or Law Society of Scotland.<br /><br />Several comments insulting other comments, one it seems in praise of a solicitor stealing £1.8 million pounds of legal aid, who then went onto commit suicide and was the subject of arranged stories in certain newspapers, have not been published.<br /><br />To those of you who feel it is no accident there have been no prosecutions of all 14 solicitors reported to the Crown Office for legal aid fraud .. I agree with your comments ...<br /><br />Further developments including on this controversial issue will soon be reported ...Diary of Injusticehttps://www.blogger.com/profile/00697476580161690118noreply@blogger.comtag:blogger.com,1999:blog-20722989.post-82707809976931864032011-07-20T09:51:14.284+01:002011-07-20T09:51:14.284+01:00Its understandable much of Scotland's tame med...Its understandable much of Scotland's tame media stay away from this (no guts) but you would think the legal profession's own press may make mention of the fact 14 of their number managed to dodge arrest and trial.<br />Just goes to prove further bad news involving lawyers is buried quickly.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-173141440111541222011-07-20T09:12:33.467+01:002011-07-20T09:12:33.467+01:00Burden of proof can define the duty placed upon a ...Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her. But in some jurisdiction, the defendant has the burden of establishing the existence of certain facts that give rise to a defense, such as the insanity plea. In civil cases, the plaintiff is normally charged with the burden of proof, but the defendant can be required to establish certain defenses.<br /><br />Burden of proof can also define the burden of persuasion, or the quantum of proof by which the party with the burden of proof must establish or refute a disputed factual issue. In criminal cases, the prosecution must prove the defendant's guilt Beyond a Reasonable Doubt.<br /><br />Judges explain the reasonable doubt standard to jurors in a number of ways. Federal jury instructions provide that proof beyond a reasonable doubt is "proof of such a convincing character that a reasonable person would not hesitate to act upon it in the most important of his own affairs." <br /><br />That's why they don't get prosecuted, not some conspiracy. You can't reveal names because you'd get sued for something like defamation of character. Then where would the taxpayers' money go?<br /><br />Also the solicitor who committed suicide left a lot of broken lives behind him. Have a little compassion before putting "dropped dead". Nice to see your readers are still of the same quality Peter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-28423190065480865262011-07-20T00:46:35.885+01:002011-07-20T00:46:35.885+01:00All these lawyers should have been jailedAll these lawyers should have been jailedAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-57104497598580842312011-07-19T22:18:27.893+01:002011-07-19T22:18:27.893+01:00Oh well there can be no doubt now the Scottish leg...Oh well there can be no doubt now the Scottish legal profession is rotten to the core and all it took to find it out was poor Peter;s family getting ruined by Drew Penman and his buddy Norman Howitt.<br />I bet these two are as popular as turds in a swimming pool after the fame they brought on our legal system FILLED WITH SCUMAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-86993062353338692492011-07-19T21:53:57.080+01:002011-07-19T21:53:57.080+01:00The solicitor who died - was that a suicide?
I see...The solicitor who died - was that a suicide?<br />I seem to remember some lawyer dropped dead who stole 1.8 million and SLAB said it was a one off which is now proved BS after your own investigation about it.<br /><br />see here http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7023699.stm<br /><br />Biggest legal aid fraud repaid <br /> <br />The Scottish Legal Aid Board said Mr Muir made false claims<br /><br />The widow of a solicitor involved in Scotland's biggest legal aid fraud has agreed to pay back the cash. <br /><br /> James Muir, who was based in Bothwell Lanarkshire, received £1.8m in legal aid payments over seven years. <br /><br /> A repayment agreement was reached with his family and a law firm he had briefly worked for. The solicitor took his own life in 2005. <br /><br /> Details of the repayment were included in the annual report of the Scottish Legal Aid Board. <br /><br /> The solicitor had specialised in child welfare matters and died in April 2005. <br /><br /> After his death, the board announced that it was working with the police and Crown Office to investigate "possible abuse" of legal aid by the solicitor. <br /> We reported the matter to the police, but no action could be taken following the death of the solicitor <br /><br />Scottish Legal Aid Board<br /><br /><br /> The 45-year-old was understood to have been involved in about 36 cases a year involving children's legal aid. <br /><br /> The board found that he "embellished" child abuse cases in order to claim additional money. <br /><br /> The annual report said: "During 2004-05, following the successful enhancement of our reporting and analysis capability, board investigators revealed that a solicitor had fabricated documents to fraudulently obtain £1.8m over a seven-year period. <br /><br /> "We urgently undertook a review to ensure that the case was an isolated one and fortified our controls to minimise the risk of a recurrence. <br /><br /> "We reported the matter to the police, but no action could be taken following the death of the solicitor." <br /><br /> The report said the legal aid board had worked with the Scottish Government's civil recovery unit to recover the loss. <br /><br /> "A binding agreement has been signed by all parties that will effect recovery with no loss to public funds," it said.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-83852954891884942572011-07-19T20:18:47.858+01:002011-07-19T20:18:47.858+01:00No one with any sense is going to believe for one ...No one with any sense is going to believe for one second these 14 lawyers escaped prosecution because there was not enough evidence.<br />The Crown Office explanation stinks as does the lack of any public statement from SLAB who appear to have scurried away under a tree while all this has been going on.<br /><br />Had it not been for you and the Sunday Mail no one would have known about this.Now its time for a major investigation into it all and you must be part of it Peter now you have uncovered this corrupt habit of allowing lawyers to escape jail for their crimes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-30067358443959080352011-07-19T18:45:26.195+01:002011-07-19T18:45:26.195+01:00The letting off of the 14 crooks may have happened...The letting off of the 14 crooks may have happened under Angiolini but you should also remember Frank Mulholland and the rest of the gang now at the top were part of the same team all along so no one escapes blame here.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-49214011883176095372011-07-19T17:48:37.217+01:002011-07-19T17:48:37.217+01:00Someone I know who should know all about it reckon...Someone I know who should know all about it reckons about 40% of solicitors who do legal aid work commit a certain amount of fraud so this is a big thing really and good to see you and the newspaper are tackling it.<br />Keep us posted on your trip to the Scottish Parliament which I fully support,even if I chose to remain anonymous!Anonymousnoreply@blogger.com