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DTS Press Release 12th Feb 2009 PDF Print E-mail
Following the revelations published in respected legal magazine "The Firm", The Defend Tommy Sheridan campaign calls on the Justice Minister to seek answers from the Lord Advocate.  According the magazine's "exclusive", the Crown Office came under "incredible pressure" from Police to proceed with a court case they didnt have confidence in.
 
The article in the Firm is very serious and questions the independence of the Crown Office. Lothian and Borders Police are obviously very serious about taking this case despite it's weaknesses and are willing to change protocol and procedures to get their way.
 
The Crown Office MUST step up and stand them down in the interests of justice.
 
Defend Tommy Sheridan Spokesperson, Jim Monaghan said:
"The Police have not been objective in this from the start, in my opinion.  The personal and vindictive teatment of Gail Sheridan in particular has shown how zealous they are in this issue.  We cannot have the tail wagging the dog on matters of jutsice and we are calling on the Justice Minister to launch an inquiry."
 
 
Pressure on Crown office to prosecute PDF Print E-mail
From www.thefirmmagazine.com 11th February 2009  

Exclusive: Crown Office placed under "incredible pressure" to proceed with Sheridan perjury cases

Senior sources within the Crown Office have claimed that Lothian and Borders Police placed them under "incredible pressure" to proceed to bring prosecutions against Tommy Sheridan and Gail Sheridan, following their arrest in November 2007 on perjury charges.

Rumours had been circulating for some time in the legal profession that the case against the Sheridans was about to be dropped. However in January the Crown confirmed that both would face charges in relation to evidence given during Tommy Sheridan's defamation action against the News of the World.

Factors such as the perceived benefit to the public interest, the reliability or otherwise of key witnesses and the potential embarrassment in the event of a "not guilty" outcome had led to speculation that matters would rest without further prosecution.

Senior sources in the Crown Office have now said that they were put under "incredible pressure" in recent weeks by Lothian and Borders Police to proceed with prosecutions against both individuals.

Lothian and Borders police told the Firm that following the report submitted to the Procurator Fiscal in March 2008, they had no further involvement in the Sheridan case.

A police spokeswoman said: "The case was reported to the Procurator Fiscal in March 2008, since then the matter has been in the hands of the Crown, as is routine."

In February 2008 the Solidarity party claimed that the police investigation into the case had cost more than £1 million. That figure is now understood to have risen to £1.8 million. Figures obtained from Lothian and Borders' Police under the Freedom of Information Act also revealed 40,000 hours of police officers' time had been taken up by the inquiry by that time.

 
Lesley Riddoch 25th February PDF Print E-mail
Scotland has the right balance on DNA – but not on investigation
By LESLEY RIDDOCH - Scotsman
The case for a compulsory database was hurt by the over-zealous search of the Sheridan home.
THEIR young faces look out from pictures taken at a time happiness was still possible. They smile at the camera not to seduce, not to entice, and not to score.

They were model school pupils, beloved daughters and ordinary women. They had outlooks, attitudes, expectations, hopes and habits. But the five victims of Steve Wright got hooked on heroin and crack cocaine and became vulnerable to a man who killed repeatedly and almost got away with it.

No wonder civil libertarians have spent the weekend debating the police case for a compulsory national DNA database. If everyone's genetic fingerprint was on record, the police argue, Steve Wright would have been pinpointed far sooner, and Sally Anne Bowman's killer, Mark Dixie, might have been stopped in his tracks.

But there are snags, one of which is Home Office opposition to compulsion. The DNA of everyone arrested in England is already stored in the database, although in Scotland, only those found guilty of a crime have their DNA profiles kept. Together UK police forces have created the largest DNA database in the world as a proportion of population.

However, as Nick Clegg, the leader of the Liberal Democrats at Westminster, has pointed out, the addition of 1.5 million DNA profiles on the database since 2003 hasn't increased prosecutions. And when Dutch police supplied DNA profiles of 2,000 serious criminal suspects a year ago, the Crown Prosecution Service misplaced the disc and only found it last month.

Recent checks revealed 15 suspects were still in the UK and 11 had committed further crimes – including serious assaults, sexual assaults and burglaries. An excellent argument for keeping and sharing "criminal" DNA across national boundaries – a not-so-good argument for believing information will automatically be acted upon, or even safely stored by British authorities.

The bigger worry about a compulsory DNA register is the fear that access to genetic information might be misused. Once police have gained admission for specific, agreed and legitimate reasons, might they (or others) start "trawling"? If we give the police unfettered access to our DNA – or our homes – what is to stop them acting on behalf of other agencies who would never be granted such intimate access?

The answer in Gail Sheridan's case appears to be – nothing.

The police search of the Sheridan home last week was initiated for the legitimate purpose of gathering evidence for the perjury charges Gail and Tommy Sheridan face. Once inside the house, though, the search appears to have gone beyond that initial purpose to discover miniature bottles of alcohol and perfume – not connected to the perjury case and not in itself a discovery that screamed aloud that a crime had been committed. But Lothian and Borders Police alerted Gail's employer, British Airways. BA suspended her and she was charged with theft last week. She was charged with perjury earlier in the week.

Whether Gail took a few miniatures home, and whether she should face suspension and theft charges if she did, is the talk of the steamie. But can we get an answer to another question: how should police have reacted to this accidental "find"?

Should we expect that long-overdue library books found chez Sheridan were also seized? Did police check the Sheridan TV licence to see if it was up to date?

Lothian and Borders press officers were unavailable this weekend to comment. But without further explanation, the force's behaviour does look like "trawling".

And it comes at the worst moment for the compulsory DNA database campaign. Who can believe police or state won't use access to DNA details to "trawl" for incriminating evidence in the forensic way they appear to have trawled through Gail Sheridan's home?

Will insurance companies be tipped off if someone is believed to have withheld damaging DNA information? Will the Child Support Agency or its successor be notified if genetic evidence suggests a man is or isn't the genetic father of his child? Will we have access to our own DNA profile to check that it's right? And might we need counselling if that reveals serious medical problems or question marks about our parentage? Are we ready to know the whole truth about ourselves – but without access how can we be sure that our DNA details are accurate?

Perhaps a family beyond suspicion of committing criminal acts could lead the way. If the Windsors are happy to submit their DNA, we should all be big enough to follow suit. If they would rather not – on account of the impact unexpected personal revelations might have – why should anyone else sign up?

The murders of five women in Ipswich and of Sally Anne Bowman in Croydon were horrific. But the successful prosecutions of Wright and Dixie suggest that Scottish police practice – retaining DNA only from convicted persons – is working.

The failed Templeton Woods and Worlds End murder trials suggest that DNA evidence used alone has severe limitations. And as the Shirley McKie case demonstrated, no type of evidence – even fingerprint evidence – can be considered to be completely tamper-proof.

Explanations will follow over Gail Sheridan and the alcohol miniatures. But today public confidence in police procedure has been dented by over-zealous investigation.
 
George Galloway 25th Feb PDF Print E-mail

  

I Would Defend Tommy Even If I Thought That He Was Guilty,
Which I Don't
SHAME on Lothian and Borders police;
and shame on British Airways.

The "raid" of Gail Sheridan's house, complete with black bags - in which they took away incriminating examples of her underwear and her baby's clothes - massed ranks of officers and timeously tipped-off media was more appropriate to an anti-terrorist operation than a swoop on a young mother alleged to have lied about her husband's sexual proclivities in a civil action against Rupert Murdoch's News of the World.

And Gail's subsequent suspension by BA, for whom she's been a cheerful and model employee throughout the near 20 years I've known her, because the big, brave policemen found some "miniatures" of alcohol during their raid on her house is a stain on the reputation ofthe company.

The Procurator Fiscal would be well advised to ponder his chances of finding a jury willing to send the fragrant Mrs Sheridan to prison leaving her little girl an orphan.

And if he tries and fails he will be open to the charge that this whole thing is a repugnant witch-hunt, Scotland's own Dreyfus Affair.

Tommy Sheridan is a friend of mine and I would defend him even if I thought he was guilty, which I don't.

Because, greater love hath no man... a friend in need... and all that.

But in a country where killers, rapists and muggers are not exactly thin on the ground, even Tommy's worst enemies must be wondering about the cost - £1million and counting - in police time and resources being put into this squalid "miniature" little case.

 

 
Ian McWhirter - 24th Feb 2008 PDF Print E-mail

  

Making crimes vanish

about … justice: iain macwhirter

PRISON OVERCROWDING?

Too many offenders to know what to do with? Criminals clogging up the courts? Fear not, for help is at hand. Just call in the Electoral Commission - the people who make crime disappear.

Charlie Gordon (his real name) was a serial offender, addicted to secret donations. He'd fallen in with a bad crowd in Glasgow politics and ended in a tight spot with his property developer friends.

But last week he was released into the community, a free man. A credit to himself and his party.

"If it hadn't been for the Electoral Commission, they'd have thrown away the key," said Charlie. "I just can't believe it. I admitted a breach of the law and resigned my shadow cabinet post, but now I'm off scot-free. I'm over the moon."

Wendy Alexander had form as long as your arm. Schemes such as the Scottish Industry Forum netted her thousands to feed her addiction to politics.

It looked like the law had finally caught up with her over an illegal donation from a tax exile. Until she called in the Electoral Commission.

Now she too is back in the community, hoping to start a new life as leader of the Scottish Labour Party. "I owe everything to the Electoral Commission," she said. "Now I can raise as many dodgy donations as I wish with total security"

If the Electoral Commission can do this for hardened cases like these, just think what it could do for you! Breaches of the law simply vanish. Prosecutions disappear. Kills 99% of nationalists stone dead.

So, how does the Electoral Commission work? How does it turn breaches of the law into administrative mistakes? This is because of its secret ingredient: discretion. Other crime-solving agents, such as procurators-fiscal, have to go through a laborious procedure called the justice system.

The Electoral Commission cuts through all that by removing the legal middlemen and handing out ex-post-facto justifications for politicians who fail to obey the law. It is guaranteed to find most politicians innocent.

But be warned. If you don't have the Electoral Commission on your side you could be at risk.

Tommy Sheridan doesn't have their cover. He and his wife Gail have been arrested and charged because they allegedly broke the law of perjury.

If only they could have the help of the Electoral Commission, they too might avoid the justice system.

So remember. Don't accept inferior brands. Electoral Commission washes whiter.

(original article plus comments Sunday Herald )

 

 

 
Ian Hamilton QC - Feb 23rd PDF Print E-mail

Am I the only person in Scotland who is ashamed? Tommy Sheridan took on a powerful newspaper and won.

Now he and his wife are the subject of a police operation which will end no one knows where. Its aim however is clear. Its aim is the destruction of a couple who dared to challenge the mighty.

What sort of society do we live in where millions of police hours are spent to support only the rich and powerful?

If Tommy Sheridan had lost his case would the police have tried to show that the News of the World witnesses were lying? Such a suggestion is too ludicrous to contemplate. Instead they try to bring down the man who beat Goliath.

Tommy Sheridan has been vindicated by a jury of his peers. A jury heard the evidence and awarded him damages. It is no part of the duty of our police to prove the jury wrong and a newspaper right. 

Edinburgh and Lothians Police are conducting a vendetta against justice itself.

Who can curb these officers who are clearly out of control?

Ian Hamilton QC

http://www.ianhamiltonqc.com/wordpress/

 
Alan Cochrane - Daily Telegraph 21st Feb 2008 PDF Print E-mail

Dark days for Tommy Sheridan - and justice


By Alan Cochrane
Last Updated: 12:01am GMT 21/02/2008

 Have your say      Read comments

 

This column and Tommy Sheridan, the self-styled saviour of the proletariat, haven't had a lot in common during our nine or so years of acquaintance.

I may have laughed at his jokes and admired his turn of phrase from time to time but his working-class martyr act has never struck this observer as anything other than self-aggrandisement.

 Mohamed Fayed arrives to give testimony to the Diana inquest
Mr Healy [left] and Mrs Sheridan arrive for questioning with Mr Sheridan, who was charged with perjury in December

However, as the weeks, months and now years grind on in the seemingly interminable inquiry following his court case victory against the News of the World, a fact has to be faced. It is this: by any standard or criteria of fair play, Mr Sheridan is getting a raw deal.

I say this not out of any belief in his innocence or guilt in relation to the charges of perjury which have now been levelled against both him and six others of his closest family, friends and associates. (And frankly, and I mean this, I have no idea on that score one way or the other.)

No, my concern is about the treatment meted out to him by the forces of law and order - and in particular the Crown Office and Lothians and Borders Police.

And what's more, I'm not the only one who thinks so. Senior members of Scotland's legal fraternity, including some with the closest of links to the Scottish Executive, share my view that the Sheridan case is beginning to show this country's legal system in a very poor light.

The latest instalment in this saga occurred at Gayfield Square police station in Edinburgh on Tuesday night when Mr Sheridan's wife, Gail, was charged with perjury after being interviewed for no less than six hours.

Also charged on Tuesday, although he had to submit to only four hours of questioning, was Mrs Sheridan's 71-year-old father, Gus Healy. Previously, four other former political associates of Mr Sheridan, including Rosemary Bryrne, who was a Scottish Socialist Party MSP until May's Holyrood election, have also been charged with perjury.

All of the charges relate to August 2006 when Mr Sheridan won £200,000 in damages after successfully suing the tabloid newspaper for defamation following lurid allegations it made about his private life.

The newspaper appealed against the jury's verdict while Lothians and Borders Police launched an investigation after the trial judge, Lord Turnbull, said that someone in the case must have lied, which meant it was "almost inevitable" that a perjury inquiry would take place.

Given the judge's comments, the police had to pursue the matter, but, as BBC Scotland solicitor Alistair Bonnington has said: "Lies are told every day and in every case in courts across Scotland. What happens about that?

"Absolutely nothing. Just because this case involved a politician and a newspaper is not a reasonable basis at all to proceed with a perjury investigation. For Scotland, this sets a precedent."

That, as they say, was then, since when there have been many more allegations made but no damages paid. Then, on Dec 16, Mr Sheridan was arrested and subsequently charged as he left the studios where he had been recording his radio talk show.

At that stage, he was held for eight hours before being charged, while nine other officers - according to Mr Sheridan's estimate - searched his Glasgow home, 50 miles away, and occupied at the time only by his wife and two-and-a-half-year-old child.

It was at about this time that I had begun to feel uneasy about Mr Sheridan's treatment. It is a well-known and honoured tradition of British police forces that they treat everyone equally when it comes to their arrest for suspected wrongdoing.

But Mr Sheridan wasn't going anywhere and to pounce as he left his radio studio and then to subject his family to such a prolonged search seemed, to say the least, excessive.

It's true that the police appear to have learned a bit of a lesson from their handling of that episode and Tuesday's events, concerning Mrs Sheridan and Mr Healy, were at least "by appointment".

However, again, the duration of the questioning, especially 18 months after the event, and a whole month after her home had been, one assumes, thoroughly searched, seems disproportionate treatment for Mrs Sheridan.

Not one to miss a trick, Mr Sheridan made the point that they can't have much crime to investigate in the Edinburgh area given that they've devoted so much time and resources to his case.

Hyperbole or not, his words will strike a chord with many local residents, including this observer, given my recent and personal knowledge of the police station at Gayfield Square, having gone there to report another act of vandalism against my car - the second in three months.

Whether the next move in this case is for Mr Sheridan and those others charged to face trial in a court of law is a matter for the Crown Office.

Having been charged more than a month ago, the uninitiated might have supposed that a decision, at least in Mr Sheridan's case, might have been imminent. Not so, I learned last night, as police inquiries are still continuing.

All of which adds up to yet more delay in a case that has already dragged on for far too long.

Of course, perjury is a serious offence and, where it is suspected, it must be proceeded against with the utmost vigour.

But Scottish justice is getting a bad name from the Sheridan case. It may not have the trappings of a show trial, but Mr Sheridan's treatment thus far is beginning to look like cruel and unnatural punishment.