In These New Times

Ian Hamilton QC

14th January, 2011

Let all who love freedom rejoice. The state which permits our bankers to steal millions is in trouble. It may not be big trouble but revolutions sometimes start with a tiny touch of indigestion. This disorder is bound to start quite soon. Its name is Tommy Sheridan.

Many will have seen the BBC’s programme on the evening after his conviction. The BBC used tapes of police interviews. Both the BBC and the Lothians and Borders police may have been in breach of the Data Protection Act. The Lord Advocate must now make it clear that the crown is going to prosecute them. Any delay on the crown’s part is inexcusable but don’t hold your breath. A crown that lets big business buy its principal witnesses is not going to be too fussy about what the Lothians and Border Police and the BBC have done. Finish!

But it is not finished. Many of us are deeply disturbed that the state has allied itself with big business in a criminal prosecution; particularly a criminal prosecution of a political enemy. Among the people deeply aggrieved is Tommy Sheridan himself. If the Lord advocate won’t prosecute there is private prosecution. Tommy can prosecute the BBC and the Lothians and Borders Police. The evidence speaks for itself. This prosecution can only be done by permission of the High Court and the hearing must be in public. There is judicial authority for this procedure. The Lord Advocate is called upon to state the Crown’s position and may even be called upon to explain that position. The press will certainly demand an explanation, particularly the legal press like The Firm.

Now I’m only an old broken down QC. But Tommy Sheridan is a law student. This is where the indigestion begins. It would be a gross breach of his human rights if he were denied access to a law library to prepare his case for a private prosecution against the state broadcasting service and the police. What would Europe and the rest of the free world say? Be assured, Tommy will act. I don’t think any prison has a complete law library. He’ll need to go elsewhere. I will use any influence I have to get him access to the Advocate’s Library. (Feel the first twinges of indigestion, Dean of Faculty?) Wherever the library may be the Scottish prison service will have to provide transport and an escort.

And what if the High Court grants permission for a private prosecution? The use of these tapes is something that should never have happened. The police and the BBC aren’t above the law. How will the Lord Advocate explain the Crown’s position?

The sword of Damocles hangs over the Lord Advocate. It’s hanging by a hair of one man’s head. And Tommy Sheridan’s hair grows thinner by the day.

Don’t shake your head, Tommy. Nod it in approval and let the sword of justice fall.