Dorothy Bain

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Person.png Dorothy Bain KC  Rdf-entity.pngRdf-icon.png
(lawyer)
Dorothy Bain KC.png
Born1964
Alma materUniversity of Aberdeen

Employment.png Lord Advocate Wikipedia-icon.png

In office
21 June 2021 - Present
Preceded byJames Wolffe

Dorothy Ruth Bain KC is a Scottish advocate who has been Lord Advocate since June 2021.

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.[1]

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[2]

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."[3]

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.[4]

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.[5]

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”.[6]


 

Related Documents

TitleTypePublication dateAuthor(s)Description
Document:Call for US to give update on fourth Lockerbie suspectArticle18 December 2022Kathleen NuttFormer 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 Murrayblog post29 July 2021Gordon 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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