Dorothy Bain

Dorothy Bain KC   (lawyer)
Born	1964
Alma mater	University of Aberdeen
Spouse	Lord Turnbull
Lord Advocate  In office 21 June 2021 - Present Preceded by James Wolffe

Dorothy Ruth Bain KC is a Scottish advocate who has been Lord Advocate since June 2021. She is married to Lord Turnbull, lead prosecutor in the Lockerbie bombing trial.

On 16 June 2021, it was announced that Dorothy Bain would be nominated by Nicola Sturgeon, subject to the approval of the Scottish Parliament, to take up office as Lord Advocate, succeeding James Wolffe QC, and her appointment was approved by the Scottish Parliament on 17 June 2021.

Swearing in

COPFS tweeted:

Lord Advocate Dorothy Bain QC vows to act independently as she is sworn in at the Court of Session along with Solicitor General for Scotland Ruth Charteris QC

Craig Murray opined:

"You can be sure that, if they didn't support the coming abolition of jury trials in sexual assault cases and the end of the right of defence lawyers to cross-examine the accusers in court, then they wouldn't have been appointed in the first place."

IndyRef2

On 5 July 2022, the BBC reported:

The Scottish government's top lawyer was not prepared to sign off on an independence referendum bill, court papers have revealed.

Lord Advocate Dorothy Bain has asked the UK Supreme Court to rule on whether Holyrood has the power to legislate for a vote without UK government consent.

She said she currently "does not have the necessary degree of confidence" that it does.

Nicola Sturgeon has said she wants to hold a referendum on 19 October 2023.

The Lord Advocate is still expected to argue the Scottish government's case at the Supreme Court, and she said there was an issue of "exceptional public importance" for judges to resolve.

On 23 November 2022, the UK Supreme Court blocked Scottish Government plans to hold an independence referendum next year, ruling that the Scottish Parliament does not have the competence to legislate for one.

Lockerbie suspect in US custody

On 13 December 2022, Scottish Legal News reported that Lord Advocate Dorothy Bain KC had issued a statement following developments in the investigations into the Lockerbie bombing. Abu Agila Masud, a former Libyan intelligence officer, is in the custody of the United States Department of Justice and faces charges on two criminal matters, including destruction of an aircraft resulting in death. Ms Bain said:

“After Abdelbaset al-Megrahi was convicted in 2001 my predecessor as lord advocate, Lord Boyd of Duncansby, confirmed to the Scottish Parliament that the investigation into the involvement of others in this terrible crime would continue.

“For more than 20 years the Crown Office and Procurator Fiscal Service has maintained a case team working on this investigation, bringing together a range of prosecutorial expertise in counter-terrorism, major crime investigations, forensic analysis, international co-operation and mutual legal assistance.

“The recent developments demonstrate that there can be no time limits placed on the pursuit of justice. Scottish prosecutors and officers of Police Scotland have remained committed to the case and for decades have worked closely with US Department of Justice attorneys and FBI case agents on the investigation.”

Lawyer for the Megrahi family, Aamer Anwar pointed out yesterday the inconsistencies in the US account of the events that led to the bombing. The US criminal complaint states that Masud bought the clothes to put into the Samsonite suitcase that contained the bomb used to destroy the plane.

“The problem for the US Department of Justice is that the case against Megrahi is still based on the eye-witness testimony of Tony Gauci, stating that Megrahi bought the clothes,” Mr Anwar said. “How can both Megrahi and Masud now be held responsible?”

Ms Bain is meeting with US officials in Washington DC next week where she will also attend “commemorative events to mark the 34th anniversary of the tragedy”.

34th Lockerbie memorial service

Lord Advocate Dorothy Bain meets with Lisa Monaco and Merrick Garland in December 2022

In her remarks to an audience of families and law enforcement officials at a memorial service in the United States marking the 34th anniversary of the bombing of Pan Am 103, Lord Advocate Dorothy Bain said:

"On behalf of the people of Scotland and the rest of the United Kingdom, I pay tribute to the victims. Our thoughts and prayers are with them, their friends and loved ones.

"The criminal investigation into the terrorist bombing of Pan Am 103, has continued over many years. I know that it has not always been easy for you as the investigation has appeared slow or to have stopped. It has never stopped. Investigators and prosecutors both in Scotland and in the US, have worked tirelessly as partners together with the joint goal; to hold accountable those responsible for this atrocity. I am proud of the American/Scottish partnership.

"That partnership has brought together former and current Lord Advocates, US Attorney Generals, Scottish and American prosecutors, the FBI, Dumfries and Galloway Constabulary, and now Police Scotland, as well as partner agencies throughout the world - all dedicated to the joint pursuit of justice.

"That unrelenting pursuit recently led to the beginning of the next pivotal step. In December 2020, the US Department of Justice filed criminal charges against a third conspirator.

"At the same time, our work in Scotland focused on defending Megrahi’s conviction and pursuing the investigation of Masud. We increased the team with the fourth generation of prosecutors to have worked on it. Since my appointment, I have reinforced the Scottish commitment.

We have spent considerable time with American prosecutors both in the US and in Scotland investigating all aspects of the Pan Am 103 case and preparing the case against Masud.

"We welcomed the news that the US had taken custody of Masud and that he had appeared before the United States District Court for the District of Columbia on 12 December 2022.

"I met Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco this week. This was our fourth meeting with US counterparts this year, and I have provided my assurance that we fully and sincerely support an American prosecution. Scottish prosecutors will continue to work collaboratively with our American partners and friends to ensure a successful outcome to years of hard work and dedication."

35th Lockerbie memorial service

On 21 December 2023, Dorothy Bain said:

“For 35 years now the families of the 270 people murdered on the night of the 21 December 1988 have borne their losses with huge dignity and my thoughts are with them.

“I am honoured to have been invited to attend a memorial ceremony at Arlington National Cemetery in the United States and to be able to meet with so many of the families and understand how those that are gone are loved and remembered.”

Ms Bain also spoke of the prosecution being prepared by US authorities of Abu Agila Mas’ud, the Libyan man accused of acting with others in the attack on the aircraft.

It is thought that Mr Mas’ud may have known the late Abdelbaset al-Megrahi, the only man convicted over the atrocity. During the preparation for his trial in the Netherlands, however, Mr Megrahi told his lawyers that he did not know Mr Mas’ud.

Mr Megrahi was convicted on 31 January 2001 of the murders of the 243 passengers and the 16 crew on board Pan Am Flight 103 from London to New York, and 11 residents of Lockerbie, on 21 December 1988.

Ms Bain said: “The court in Washington DC has now fixed a date of 12 May 2025 for the Mas’ud trial. I welcome this development and am encouraged with the progress in the court process.”

The US criminal complaint states that Mr Mas'ud bought the clothes to put into the Samsonite suitcase that contained the bomb used to destroy the plane. Yet the case against Mr Megrahi was based on the eye-witness testimony of Tony Gauci, who said that Mr Megrahi bought the clothes.

Learned opinion

Emeritus Professor of Lockerbie Studies, Patrick Haseldine, opines:

"Something doesn't quite add up here. The US case against Mas'ud was always evidence-free and hinges on his 'confession' while incarcerated in Libya. But neither Megrahi nor Mas'ud had a motive for targeting UN Commissioner for Namibia, Bernt Carlsson, on Pan Am Flight 103, so cannot be guilty of the Lockerbie bombing.

"Prosecuting authorities should instead focus their attention on what Rev. Jesse Jackson described in 1988 as the 'terrorist state' of apartheid South Africa."

 

Related Documents

Title	Type	Publication date	Author(s)	Description
Document:Call for US to give update on fourth Lockerbie suspect	Article	18 December 2022	Kathleen Nutt	Former Justice Secretary Kenny MacAskill: "Britain and America know everything. I want the UK and US to be more open. Libya have offered up Abu Agila Masud. But Masud is smaller beer. The Lord Advocate should find out what progress is being made on bringing Abdullah Senussi to court."
Document:The Crown came for Craig Murray	blog post	29 July 2021	Gordon Dangerfield	“I go to jail with a clean conscience after a Kafkaesque trial. I believe this is actually the state’s long sought revenge for my whistleblowing on security service collusion with torture and my long term collaboration with Wikileaks and other whistleblowers."

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References

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