Investigating the Investigators

[D'Artagnan 173]

"I disapprove of what you say, but I will defend to the death your right to say it"

 

Despite often being attributed to Voltaire himself, it was actually Evelyn Beatrice Hall (Voltaire's Biographer) who penned these words. One line in and I digress already, that, even for me must be some kind of record. But to more serious matters....

 

I have to confess that David Leggat's Legoland Blog is not my first bookmark for Rangers related issues. But in true Voltaire fashion I have to say I was utterly appalled at his recent treatment at the hands of Strathclyde Police. In fact we all should be appalled – it was a full frontal assault on the principle of freedom of speech in this country.

 

His alleged crime ? Naming an individual who had been mentioned on twitter by someone else (without sanction I may add) as a suspect in the HMRC leaks of the Rangers Tax Case. In other words... good for the goose is not necessarily good for the gander.

 

I thought the fundamental principle hammered into every recruit who passes through the Scottish Police College is that they would discharge their duty without fear, favour malice or ill-will towards anyone. Back to college for some methinks.

 

Post incident Leggo has directed much of his ire over the incident towards Strathclyde Police lawyer Duncan Campbell. I think he is barking up the wrong tree. The decision for the Police to become involved was an operational matter not one made by some lawyer employed by them to sift through employment contracts etc. Sure he may have been consulted for his legal knowledge, he may even have advised the Police, but at the end of the day the decision for the Police to become involved in what at worst amounted to a civil case of defamation( if even that), was purely an operational decision taken by a Police Officer, and probably a fairly high ranked one at that, within Strathclyde Police.

 

Furthermore in cases which have a considerable grey legal area, my understanding is that the Police are far more inclined to contact the on call Procurator Fiscal for advice rather than some lawyer employed by them. They are after all answerable to the Fiscal.

 

But it doesn't end there. For Leggo alludes to the fact that if he did not remove his blog article he was offered a nights bed and breakfast courtesy of Strathclyde Police. I thought in these days of liberty, human rights and lawyers strikes, that arrest was not the preferred option when the interests of justice could equally be served by service of a copy complaint/summons on the accused. After all Leggo did not fit the common law criteria for arrest. He was not of “no fixed abode” because Strathclyde Police, after all had come chapping at his door, nor was their an evident intention to abscond or a need to prevent a repetition of the offence. So why such heavy handed tactics to oppress freedom of speech ?

 

The whole incident is now of course subject of an official enquiry and I'm sure Leggo, in his own indomitable style will keep all interested parties updated.

 

But on the subject of Police Investigations, or perhaps lack of them in this case, I didn't share my fellow bears joy upon hearing the news that Sir David Murray had instructed his lawyers Levy McRae to petition the Crown Office to launch a criminal investigation into the leaks at HMRC during the now ill-fated Rangers Tax Case.

 

My initial reaction was “What ?”.

 

Are you telling me that a government agency which was leaking information at such an alarming rate, which allowed the beneficiaries of that information managed to hold a whole nation captive for several months, and the quantity and the quality of the leaks even allowed them to win awards, had not involved the Police to date ? That the epidemic level of breaches of the official secrets act were not reported by those in charge at HMRC ?

 

If not then we deserve answers as to why not.

 

Why has such glaring breaches of criminal law not been reported by those whose job it is to investigate ? My information is that despite an internal investigation by HMRC the perpetrator (s)of these leaks has not been identified. So in the most high profile tax case in Scottish history the investigating agency are aware of tsunami size leaks and breaches of the law within yet, to date it remains unreported as a crime ?

 

Why were the Police who have the power to search homes, the technology to forensically check computers, the ability to examine documents for DNA and fingerprints, the authority to access phone records, not brought in to identify the culprit ?

 

Forget conspiracy theories, if this matter has not been reported to the Police we are talking about professional incompetence at a level which should prove to be a catalyst for a government enquiry into the whole affair.

 

I must go for now....I have a letter to write to my MP.

Edited December 15, 2012 by D'Artagnan

[Super_Ally 0]

Not much to add other than great read and I will be interested to see where it all leads. Thanks.

[Zappa 0]

Great stuff again D'Artagnan.

 

In all seriousness, I very much doubt if we'll ever find out the truth about the HMRC leaks. That's a sweep sweep, nothing to see here job if I've ever seen one.

[The Real PapaBear 0]

Zaps, if enough of us write to our MPs and MSPs, often enough they won't be allowed to sweep it under the carpet.

 

in fact, I say we should phone every American radio station we can think of, as well