Letter: Malicious prosecution perpetrators should not get off Scot-free

Letter: Malicious prosecution perpetrators should not get off Scot-free

Dear Editor

It would be difficult to disagree with Russell Findlay’s obvious concerns about the malicious prosecution scandal and the enormous cost to the public and, I would suggest, damage to the reputation of the Crown Office and Procurator Fiscal Service.

However, I am concerned by the suggestion that the judge-led inquiry should be conducted by a non-Scottish judge. This is insulting to the Scottish judiciary, as it suggests that no Scottish judge could be independent. That is not true; members of the judiciary take the judicial oath. It is, of course, accepted that no one who was in the Crown Office at the time could chair the inquiry, but there are a number of retired judges who have detailed knowledge of the workings of the Crown Office, as prosecutors, but who were not there at the time.

It would take an outsider a while to get up to speed, on the system. That person would need to be briefed by someone, or take evidence about how the system works. I was never in the Crown Office, nor a prosecutor, but I have learned a lot from others who have had the necessary experience.

The cost of an inquiry will be considerable enough without needing to go outside Scotland. The sooner we, the public, get to the bottom of what happened, the better.

Douglas Cusine

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