The Green Brigade and Strathclyde Police – What Are The Rules About Their “Corteo”?

What happened last weekend when the Green Brigade and its supporters decided to walk to Celtic Park together?

Depending on the sources you choose to accept, Saturday’s events constituted one, some or all of the following:-

• A Fascist gathering of terrorist supporters intent on destroying the British State
• A National Socialist gathering of terrorist supporters intent on destroying the British State
• A conspiracy of Catholic lawyers, politicians and journalists intent on undermining the rule of law
• A brutal episode of police brutality showing we live in a country under the jackboot of oppression
• A stroll on a bracing March Saturday by committed football fans to watch their favourite team and to draw attention to their unjustified oppression
• Proof that the Scottish Government is intent on criminalising football fans

I did think of having a poll with these options, but I do not think the answers would help.

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What Makes One a “Rangers Hater”? Is It Anyone Not in the 500 Million Strong Worldwide Rangers Support?

After a brief hiatus, I am back at the blogging again. Apart from penning some thoughts on Hearts and the apparent imminent departure of Mr Romanov from the Scottish football scene, I had been engaged in preparation for, and attending at, the Sheriff Court with my gown on my back again.

I mentioned this briefly on Twitter (can readers imagine my pain in having to compress thoughts into 140 characters?) and was hugely gratified by the kind words and congratulations offered to me.

I would not be back “in the saddle” without having had huge help and support and I am immensely grateful to friends, family and wider acquaintances for their backing.

After the blogging I have done over the last 20 months or so, rattling off a 17 page and 6,000 word submission on the implications of the Tenements (Scotland) Act seemed a breeze. And we got the result we wanted.

But, to reassure anyone who is worried about it (although that number would be very small) I will still be blogging for as long as I find interesting things to write about.

Bob Bird Detained for Alleged Attempt to Pervert the Course of Justice re Sheridan v NOTW

The BBC has reported this morning that the former editor of the News of the World’s Scottish edition has been detained in connection with the perjury trial of former MSP Tommy Sheridan. The report states that Bob Bird is being held on suspicion of attempting to pervert the course of justice over Mr Sheridan’s defamation action against the newspaper in 2006.

Strathclyde Police said a 56-year-old man had been detained in Glasgow.

Officers are investigating allegations of perjury and phone hacking as part of the Operation Rubicon probe.

Of course, Mr Bird has not yet been charged with any offence and, until a court declares otherwise, he is an innocent man.

Andy Coulson “Detained” By Strathclyde Police – A Quick Guide to Detention

Andy Coulson, former “spin doctor” to Prime Minister David Cameron, and former Editor of the News of the World has been detained by officers from Strathclyde Police investigation allegations arising from evidence given at the trial of Tommy Sheridan in 2010 at Glasgow High Court.

Mr Coulson has not been arrested, despite reports stating that he has been.

What is “detention”?

Under Section 14 of the Criminal Procedure (Scotland) Act 1995, which was amended by the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010, police in Scotland have the opower to detain a suspect for questioning.

Early on Day 13 of Rangers’ Administration – The Catch Up Service Continues – Suing, Policing and Singing

Just in time for whatever new stories come from the Sunday papers, I can catch up with a couple of loose ends from Friday.

(Sunday Morning Edit – on the basis that the Sunday papers appear to have nothing else in them other than Rangers, I will follow the new developments up later – but I have typed this stuff, so it’s going in!)

 

Mr Whyte and the BBC

First of all, I noted a tweet from Chris McLaughlin of the BBC which quoted Craig Whyte. Could Mr Whyte have been speaking to the BBC?

If so, and if he regains control of Rangers from the administrators, then he will have to fire himself, as per his pledge in October to the BBC!

And talking of the BBC, it has now been confirmed that a writ has been served on it at the instance of Mr Whyte. It seems that the court action is against both the BBC and Robert Burns, Head of Investigations at the Insolvency Service.

I confidently predicted that this court action would never see the light of day. As is often the case, I was wrong!

Formal confirmation as to whether the action has been raised in England or Scotland is awaited. As I have said many times, any action should be raised in England as the financial pressures on the defender to settle are so much higher, and the “no win, no fee” provisions so much more favourable for claimants.

Now that an action has been raised, all I can say is that I am even more astonished.

There are two essential elements in a damages claim, whether for injury to person, reputation or business. There must be a legal wrong committed against the claimant and there must be injury.

In a defamation or libel case, the injury relates to damage to reputation. Has the repute of the person been lowered amongst right thinking people?

When Lord Archer, for example, was at the height of his fame and political prominence, the media was afraid to write about him in a less than positive fashion. He was known to be litigious, and had won a huge award from the Daily Star for libel in 1987. Lord Archer was a prominent and powerful man whose reputation, despite being chipped away at round the edges by Michael Crick and by Private Eye, was still very high.

However, once he was convicted in 2003 of perjury and perverting the course of justice, and gaoled for four years, things changed. The media could effectively write anything it wanted about Lord Archer because his reputation could hardly be lower. If he sued and won in a libel case, the defence would ask the jury to consider how much the reputation of a convicted perjurer was worth. It remains possible for a jury in such a case to find that a person has been libelled, and to award one penny by way of damages.

In October 2011, when the BBC programme was published, Mr Whyte’s reputation was still high. His team had won the league, and despite a looming tax decision, which was nothing to do with him (as far as causing it was concerned) and a couple of trivial disputes with lawyers and ex-employees, he would have been seen as a fine and upstanding member of Scottish society.

We move forward a mere four months and matters are so different.

Mr Whyte has been condemned by a Sheriff for giving evidence described as “wholly unreliable”. His company has been forced into administration. It appears that, since taking over less than one year ago, a further £15 million in outstanding tax liabilities has been accrued. He has been seen either to have been incorrect in statements he has made, or else has said things which turn out to be the opposite of the truth.  He has been revealed as being listed under different names in the Companies House Register, and with differing dates of birth.

It is not easy to think of someone whose reputation in Scotland is now so poor.

Ands yet it is at this time that he raises court proceedings?

One wonders if, like the late Robert Maxwell, Mr Whyte viewed the court action as a way of gagging the media. If he did, he has found out that he required a much bigger gag, and many more of them!

Will this claim ever get to court for a full hearing? I don’t think so. He must be funding it privately (there is no way he can go with a no win, no fee deal here) and these cases are very expensive.

It would not surprise me if, in a few months, there is quiet word that the action has been dropped.

As I have said before, I did not see Mr Whyte winning. Now even if he wins, he will lose!