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JUSTICE MINISTER ASKED TO URGENTLY INTERVENE
(July 25, 2008)Mr MacAskill
I write to highlight concerns and request your
intervention in a matter of considerable public interest, namely that of the
operation and conduct of the justice system in Scotland.
My specific concerns relate to the operation of the
justice system centred in Inverness. Over a number of years clear evidence has
emerged relating to dozens of irregularities in a number of cases involving
myself and two ex-police officers, a Northern Constabulary employee and one
other. The evidence strongly supports the position that a number of senior legal
figures, solicitors and serving police officers within the justice system in
Inverness have not acted impartially in the cases concerned.
After discussions and consideration of various
issues detailed to HMIC, SCCRC, SPSO etc a criminal complaint was made to
Northern Constabulary on 26 October 2007 - it was clear that the remit of the
various regulatory bodies was extremely limited and they were unable to consider
the allegations as a whole. Some of the issues identified in the complaint
suggested to me that it would be appropriate for Northern Constabulary to pass
the complaint on to another independent investigating authority, possibly
another police force. These concerns were expressed to the investigating officer
who assured me that Northern Constabulary were capable of investigating the
allegations as a whole and the complaint would be dealt with in proper manner.
The investigating officer was also firmly of the opinion that the
irregularities should be investigated collectively. He made it very clear that
all of the individuals identified in the allegations would be interviewed as
part of his investigation - this included various senior judicial figures,
solicitors, police officers, ex-police officers and a Northern Constabulary
employee. In his opinion the complaint being made was effectively one of
corruption within the justice system and would be investigated as a criminal
complaint.
A statement was given to the police on 12 November
2007. I was updated in person by the investigating officer on two occasions, 16
January 2008 and 21 March 2008 and was told the investigation was likely to be
concluded by the end of May 2008. I was then told by the investigating officer
on 26 June 2008 that he had been advised that he could not consider the role of
the Procurator Fiscal in the complaint as he had originally intended - this was
of great concern as it effectively meant he could not follow up significant
lines of enquiry relating to the investigation. I am now being told by a senior
figure in the Crown Office that the investigating officer I have liaised with
over a 8 month period has told the Crown Office that no such investigation, as
detailed to me by the same officer, has ever taken place. Not surprisingly, what
little confidence I had in the Northern Constabulary "investigation" has now
evaporated.
Clearly these are extremely serious allegations and
I would have reasonably expected that any investigation would be carried out
expiditiously, thoroughly and totally independently of those individuals and
organisations directly identified in the complaint. This has not happened and at
this point in time it would be very easy to believe that the primary objective
of many of the individuals involved in this complaint has been to supress the
evidence that is currently available. The impression I have formed is that there
are individuals within the justiciary, fiscal's office and police who see the
distortion and manipulation of evidence for friends and associates as a perk of
the job - impartiality has now been replaced by vested interests and self
preservation. I believe this impression is fully supported by the evidence and
is now very much in the public interest and the interests of justice that the
evidence is independently scrutinised. The circumstances of this case have
already lead to one referral from the Scottish Criminal Cases Review Commission
with a second application being "peculiarly" outwith their remit.
I trust that you will take immediate steps to
ensure the evidence associated with this complaint is independently examined
with the associated individuals held accountable for their actions.
I look forward to your response.
Stuart Hunt