PETITION FROM SCOTLAND AGAINST
CROOKED LAWYERS TO THE SCOTTISH PARLIAMENT FOR THE DISBANDMENT OF
THE JUSTICE ONE COMMITTEE AND THE INSTITUTION OF A PUBLIC COMMISSION
OF INQUIRY INTO THE CONDUCT OF THIS COMMITTEE AND ITS PREDECESSOR,
THE JUSTICE COMMITTEE, AND FOR THE APPOINTMENT OF A NEW COMMITTEE
TO TAKE THE PLACE OF THE JUSTICE ONE COMMITTEE AS PRESENTLY CONSTITUTED.
LINK
SCOTLAND AGAINST CROOKED LAWYERS,
hereby petitions the Scottish Parliament to execute the following:
PUBLIC COMMISSION OF INQUIRY:
- That the Scottish Parliament disbands, with
immediate effect, the Justice One Committee and discards all its recommendations
arising from its so-called investigation into the Regulation of the
Scottish Legal Profession. LINK
- That the Scottish Parliament then constitutes
a Public Commission of Inquiry with a remit to investigate and report
on the conduct of all the members of the Justice One Committee and
its predecessor, the Justice Committee, since the inception of the
Scottish Parliament. Further that the remit of this Public Commission
includes an investigation and report into the conduct of the previous
Minister of Justice, the Rt. Hon J Wallace QC, MSP, in connection
with his dealings with the Justice One Committee.
- That the Scottish Parliament ensures that no
member of the Law Society, the Faculty of Advocates, the Judiciary,
the Sheriff’s Association or any other body connected with the
practice and administration of the Law in Scotland is appointed to
this Commission. LINK
- That the Scottish Parliament ensures that only
persons of the highest verifiable proven repute and probity are appointed
to this Commission.
- That the Scottish Parliament ensures that members
of active campaigning bodies, like SACL, which have a track record
of promoting the reform of the Scottish Legal system, are appointed
to this Commission. Such persons to be of the same verifiable and
proven repute and probity as in (4) above.
NEW COMMITTEE TO TAKE THE PLACE OF THE EXISTING
JUSTICE ONE COMMITTEE.
- That the Scottish Parliament then constitute
a NEW COMMITTEE to take the place of the existing Justice One Committee
to make new recommendations for the Reform of the Scottish Legal Justice
system based on the work and records done and acquired by the Justice
One Committee to date. And further, that this NEW COMMITTEE executes
all the new research necessary to carry out the original remit handed
down by the Scottish Parliament to the present Justice One Committee
in 2002.
- That the Scottish Parliament ensures that no
member of the Law Society of Scotland, Faculty of Advocates or any
lawyer, sheriff or judge or anyone who has connections with the legal
profession and/or the Scottish Legal Justice system in general is
appointed a member of this NEW COMMITTEE.
- That this NEW COMMITTEE consists of people of
the highest proven repute and probity, including members of Campaigning
Groups with a verifiable track record, such as SACL.
THE REASONS FOR PROFERRING THIS PETITION
TO THE SCOTTISH PARLIAMENT:
- From its inception the Justice One Committee
and its predecessor, the Justice Committee, has had a majority of
Law Society, Faculty of Advocate and other members with close connections
to these Bodies sitting as members of the Justice One Committee. This
made it manifestly impossible for these Law Society members, et al,
to conduct an objective and impartial investigation into Self Regulation
by virtue of the fact that they were members of the various bodies
in whom the powers of self-regulation were (and still are) vested.
In essence, these Committee members knowingly acquiesced in a pretence
of an Inquiry - in the full knowledge that they themselves were in
an extreme flagrant “Conflict of Interest” situation.
- In the event, and now three years later, it is
perfectly apparent that these Committee members perverted the course
of the Inquiry by the following means, inter-alia:
- 2.1 That this Law Society/Faculty of Advocates
dominated Committee did not accord the opponents of Self Regulation
the same rights of audience as it accorded the Law Society/Faculty
of Advocates, et al, and other law firms and lawyers. We have incontrovertible
evidence of this.
- 2.2 That this Law Society/Faculty
of Advocates dominated Committee tampered with the Submissions of
opponents of Self-Regulation rendering them unintelligible. But it
did not tamper with the submissions of the Law Society/ Faculty of
Advocates, et al, and Law firms and lawyers. We have incontrovertible
evidence of this.
- 2.3 That this Law Society/Faculty
of Advocates dominated Committee knowingly disregarded the evidence
of criminal activity by Law Society and Faculty of Advocate members
as well as the Law Society and the Dean of the Faculty of Advocates
themselves. We have incontrovertible evidence of this.
- 2.4 That this Law Society/Faculty
of Advocates dominated Committee dropped (in 2002) 90% of the remit
that the Scottish Parliament had given it, without reference to the
Scottish Parliament. We have incontrovertible evidence of this.
- 2.5 That this Law Society/Faculty
of Advocates dominated Committee has, from its inception, knowingly
conducted itself in a manner that would defeat the ends and purposes
of the Inquiry, against the instructions and intentions of the Scottish
Parliament, not to mention the hopes of the Scottish Public.
CONCLUSION:
Over the last three years SACL has done its best
to motivate the various succeeding members of this Committee to conduct
themselves in a manner consistent with the Committee achieving the ends
and purposes of the Inquiry, as instructed by the Scottish Parliament.
We have extensive records of our efforts in this regard. It is that
singular failure of these successive members of the Justice One Committee
and its predecessor, the Justice Committee, and the former Justice Minister
(Jim Wallace QC, MSP LINK)
that has caused us to submit this Petition to your Committee.
For the record you accepted our first (and, so far,
only) Petition in April 2001. This 2001 Petition caused the Scottish
Parliament to constitute the Inquiry in the first place. But,
with all these lawyers “running” and “managing”
the Justice One Committee, the whole of the so-called Inquiry, was,
predictably, sabotaged. Please do not include Mr Gallie to be investigated
as we were (and still are) quite happy with his contributions when he
was a member of that disgraceful Committee.
On behalf of SCOTLAND AGAINST CROOKED
LAWYERS
Stuart Usher (SACL
Co-ordinator), Under Langlee, Jedburgh, TD8 6PB.