Here's a coincidence (for those not too scunnered).
The new, or imminent, Lord Advocate, Dorothy Bain, was involved in the original malicious prosecutions of our friends from Duff and Phelps.
"Bain was appointed" -it is not clear by whom, presumably the defence, or, perhaps, even the Court- "to resolve a row over documents seized during a raid of Duff & Phelps’s offices in August 2013."
She provided an opinion which rubbished a major plank of the Crown's case, and criticised three members of the prosecution about their understanding of the Law of Scotland. The Bench seems to have concurred.
I suppose that this only strengthens the case for an Inquiry, and for the absolute independence of that investigation from the Crown Office.
Rangers prosecutors failed to understand Scots law, says legal chief
Mark McLaughlin
Monday June 21 2021, 12.01am, The Times
https://www.thetimes.co.uk/article/rangers-prosecutors-failed-to-understand-scots-law-says-legal-chief-zvl7xmdzs
Scotland’s most senior law officer was highly critical of prosecutors involved in the “malicious prosecution” of Rangers FC’s administrators, saying they did not appear to understand Scots law.
Dorothy Bain, who was announced as Scotland’s new lord advocate last week, previously assisted lawyers representing David Whitehouse and Paul Clark, who were wrongfully accused of offences relating to the takeover of Rangers FC by the businessman Craig Whyte.
Bain was appointed to resolve a row over documents seized during a raid of Duff & Phelps’s offices in August 2013.
Duff & Phelps said the documents “contained legally privileged materials” that could not be inspected by police and demanded their return.
Crown Office prosecutors wrongly insisted the law of legal privilege was different in Scotland and gave police permission to arrest Whitehouse and Clark and view the documents, until Bain secured a bill of suspension and a review of the police search warrant.
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Bain submitted an affidavit to the Court of Session in 2019 in Clark’s civil case against Police Scotland and the previous lord advocate.
She was highly critical of Jim Keegan QC, the advocate deputy in the case, Helen Nisbet, deputy head of the serious and organised crime division, and Sally Clark, a senior procurator fiscal in the Crown Office’s economic crime unit.
Bain said the trio did not appear to understand the law of legal privilege in Scotland in their efforts to authorise an inspection of the seized documents.
She found “deficiencies in the originating search warrant and the failure on the part of the police to take steps to protect privileged material”.
In the affidavit, Bain said: “I was surprised at the time that Ms Clark and Ms Nisbet thought that the issue of legal privilege could be resolved by the police reviewing the materials. . . Ms Clark and Ms Nisbet were adamant that the police could review the material, and that the law on privilege was different in Scotland than in England.”
Keegan rejected Bain’s insistence that the documents were privileged and backed Clark and Nisbet’s view that “the rules on privilege were different in Scotland than they were in England”.
Bain said the pair “had not fully grasped the importance of legal privilege”.
Judge Lady Dorrian ordered the police to return the documents to Duff & Phelps and requested a report from the sheriff who granted the warrant.
Russell Findlay, Scottish Conservative community safety spokesman, said her involvement meant she must recuse herself from further investigation. He said: “This would also preclude her from consideration of the associated criminal allegations made by Mr Whitehouse.”
Nicola Sturgeon said “there is an argument” for external scrutiny on Thursday but refused to prejudge the remit of the inquiry.
A Crown Office and Procurator Fiscal Service spokesman said: “The previous lord advocate, James Wolffe QC, made a statement in the Scottish parliament and committed the Crown to further public accountability and a process of inquiry once all litigation has concluded.”