Editorial: When prosecution becomes persecution

Editorial: When prosecution becomes persecution

Graham Ogilvy

David Whitehouse has given a searing account of his ordeal at the hands of Scottish prosecutors and police who subjected him and his colleague Paul Clark to what the authorities now admit was a malicious prosecution.

It is a mortifying description of what citizens of rogue states around the world would recognise as persecution and in his piece below Douglas Mill will speak for many of our readers in expressing shock, horror and disbelief that such a thing could happen in 21st century Scotland.

Mr Whitehouse has powerfully articulated his determination to ensure that justice is done and steps are taken to ensure such appalling conduct is never repeated. His resolution is both entirely understandable and commendable.

The inevitable inquiry has been promised into a scandal which, if not addressed thoroughly and promptly, will fatally undermine confidence in the Scottish justice system.

The line between prosecution and persecution in a democracy should not be a fine one. Any inquiry must restore that distinction in a crystal clear fashion.

It is to be hoped that such an inquiry can be pursued with vigour and alacrity to avoid accusations of ‘long grass’ and the sort of drift that can lead to the kind of unwelcome headlines we are seeing regarding the escalating costs of the Edinburgh tram inquiry and the length of time it has taken.

But, above all, any inquiry must be conducted with impartiality and thoroughness. It is a hallmark of democracy that, unlike their victims, the alleged tormentors of Messrs Whitehouse and Clark can expect to be treated fairly and justly.

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