View source for Document:Murray Scottish Appeal Denied; Allowed to Try UK Court

{{Document
|title=Murray Scottish Appeal Denied; Allowed to Try UK Court
|type=Article
|publication_date=8 June 2021
|source_name=Consortium News
|source_URL=https://consortiumnews.com/2021/06/08/murray-scottish-appeal-denied-allowed-to-try-uk-court/
|authors=Joe Lauria
|subjects=Craig Murray, Lady Leeona Dorrian, Alex Salmond, Nicola Sturgeon, Julian Assange
|image=UKSC.jpeg
|image_width=300px
|image_caption=Entrance to the [[UK Supreme Court]] in [[London]] 
|description=[[Craig Murray]] may have been a [[Crown]] target for the contempt conviction because he was among few writers defending [[Alex Salmond]] and was vindicated by [[Salmond]]’s acquittal. [[Craig Murray|Murray]] has been a fierce advocate for his friend [[Julian Assange]], the imprisoned [[WikiLeaks]] publisher, whom the [[United States]] is trying to extradite from [[Britain]].
}}
{{QB|The original trial judge, [[Lady Dorrian]], remains the sole judge of fact, which is a potentially disastrous situation for [[Craig Murray]]. The [[UK Supreme Court]] can only intervene on points of law where the judgement is inconsistent with the [[European Convention on Human Rights]]. Murray has only a narrow path to freedom.<ref>''[https://www.craigmurray.org.uk/archives/2021/06/the-mind-of-lady-dorrian/ "The Mind of Lady Dorrian"]''</ref>}}
[https://en.wikipedia.org/wiki/High_Court_of_Justiciary The Scottish High Court] on Tuesday denied an application for appeal by former British diplomat and blogger [[Craig Murray]] on his eight-month sentence for contempt of court, but it was ruled he may remain free for four weeks to lodge an application for appeal with the [[UK Supreme Court]] in [[London]].  

[[Craig Murray|Murray]]’s attorney argued on Monday that his conviction [https://www.echr.coe.int/documents/convention_eng.pdf violated Articles 6 and 10] of the [[European Convention on Human Rights]] (ECHR), and that his sentence was “disproportionate.” [[Craig Murray|Murray]] was convicted of contempt for so-called “jigsaw identification” in his writings of complainants in the sexual abuse case against former Scottish first minister [[Alex Salmond]], who was acquitted of all charges.

But Lord Justice Clerk [[Lady Dorrian]] ruled against [[Craig Murray|Murray]]’s Scottish appeal on the grounds that, “Some complainers were the subject of repeated articles (written by [[Craig Murray|Murray]]), thus constituting aggravations of the original breach. The level of culpability – high – was also taken into account, as were the personal circumstances of the applicant. The sanctions determination was in itself an exercise in proportionality.”

[[Dorrian]] wrote: “In its determination, the court considered …  that the actions of the applicant were such as struck at the heart of the fair administration of justice.”

The judge rejected as irrelevant [[Craig Murray|Murray]]’s “genuinely held belief that the prosecution of the former first minister was unwarranted.”  

“It is the repeated publication of material likely to lead to identification of complainers in the face of a clear order of the court prohibiting that which drew” [[Craig Murray|Murray]]’s conviction, she wrote. “Having reached the conclusion that there are no arguable points of law arising, the court will refuse the application” for appeal in the [[https://en.wikipedia.org/wiki/High_Court_of_Justiciary Scottish High Court.] But she then allowed [[Craig Murray|Murray]] to remain free to pursue the [[UK Supreme Court]] appeal.

“We understand that it is the applicant’s intention to seek to apply for leave directly to the [[UKSC]]. In the circumstances we will suspend the warrant for a further four weeks,” [[Dorrian]] wrote.

In her ruling, [[Dorrian]] also pointed out what she calls a difference in “codes of practice and ethics” of mainstream journalism “in a way in which those writing as the applicant does are not.” [[Craig Murray|Murray]] has argued that reporting in mainstream newspapers either equalled or exceeded jigsaw identification of the alleged victims in the [[Alex Salmond]] case, whose names [[Dorrian]] had ordered sealed. 

Writing on [[Craig Murray|Murray]]’s blog before [[Dorrian]]’s decision, [[Kirsten MacDonald]], who edited a collection of [[Craig Murray|Murray]]’s writings, said: 
:“[[Craig Murray|Murray]]’s legal team will have to apply direct to the [[UK Supreme Court]] to grant him an appeal, but his eight month sentence will likely be served before the Supreme Court even looks at whether to consider it.<ref>''[https://www.craigmurray.org.uk/archives/2021/06/craig-murrays-trial-what-happens-next/ "Craig Murray’s Trial: What Happens Next"]''</ref>

For comparison, the [https://en.wikipedia.org/wiki/High_Court_of_Justice English High Court] has not yet decided whether to hear the [[United States]] appeal against the decision to refuse extradition of [[Julian Assange]], even though [[Assange]] remains in [[Belmarsh Prison]] while they decide whether to take their case. [[Craig Murray|Murray]] languishing in Saughton or Barlinnie is unlikely to be a consideration for the [[UK Supreme Court]].

There is no precedent for an appeal against conviction for contempt of court in [[Scotland]] to be heard by the [[UK Supreme Court]]; we are in uncharted waters.”

==Conviction==
[[Craig Murray|Murray]] was convicted of contempt of court on 11 May 2021 for allegedly revealing the identity of four anonymous accusers indirectly; of writing about the exclusion of two jurors in violation of a court order and of allegedly prejudicing the case in [[Salmond]]’s favour. There was no pronouncement of guilt on the latter two charges. [[Salmond]] was acquitted at trial of 13 sex charges in March 2020.

[[Craig Murray|Murray]] was found to have contravened an order by the [[Crown]] prosecutors to stop writing about the matter. Representatives of the [[Crown]] say [[Craig Murray|Murray]] was warned of this in January 2020 and in August 2020. 

[[Craig Murray|Murray]] was charged in April 2020 with writing two articles on his website that led to the alleged prejudice in the [[Salmond]] case and to possible “jig-saw” identification, despite a court order of anonymity, of the women who alleged sexual assault against [[Salmond]]. The accusers’ identities were to remain anonymous by order of [[Dorrian]], who presided over both [[Salmond]]’s and [[Murray]]’s trials. 

The [https://en.wikipedia.org/wiki/Contempt_of_Court_Act_1981 1981 Contempt of Court Act] applies to “a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.”  In the sentencing hearing, which ''[[Consortium News]]'' had direct access to online, [[Dorrian]] called [[Craig Murray|Murray]]’s contempt “grave” and on a “substantial” scale.

“Action in clear violation of the court even in a coded way needs to be treated as contempt in a grave way,” she said.

“He knew of jigsaw identification and relished in revealing it, thinking it was in the public interest,” she said. “In this he failed.”

==Explosive Testimony==
[[Craig Murray|Murray]] testified in his trial that he had evidence of a scheme against [[Salmond]] that involved Scottish First Minister [[Nicola Sturgeon]]’s chief of staff.

[[Craig Murray|Murray]]’s sworn written testimony outlined the alleged plot to silence himself and to apparently prevent [[Salmond]] from reentering politics.   

[[Craig Murray|Murray]]’s affidavits, if true, exposed deep corruption and collusion between the [[SNP]], [[Crown]] prosecutors, [[Police Scotland]] and parts of the [[mainstream media]].  

Citing unnamed, insider sources that he says were in a position to know, [[Craig Murray|Murray]] testified under oath that the sex crimes allegations against [[Salmond]] were an orchestrated attempt to destroy [[Salmond]]’s political career by rivals inside the [[Scottish National Party]]. 

[[Craig Murray|Murray]] testified that after reading of the allegations against [[Salmond]] in August 2018 he “made no attempt to discover the identity of the civil servant involved, but I did make strenuous efforts to discover who had leaked the story to the media.”  After conferring with his contacts he “discovered with a high degree of certainty that the leaker was [https://twitter.com/eliz_lloyd Liz Lloyd,] Chief of Staff to [[Nicola Sturgeon]].” 

[[Craig Murray|Murray]] testified that he called in an article for the sacking of two civil servants found in [[Salmond]]’s judicial review to have abused the process and that “if [[Nicola Sturgeon]] failed to act against them, it might indicate that she was herself involved in the campaign of false allegation against [[Alex Salmond]].”  [[Sturgeon]]’s spokeswoman accused [[Salmond]] of “spinning false conspiracy theories” to deflect attention from the accusations, even after he was acquitted.
[[File:Scottish_Cabinet_2007.jpg|600px|center|thumb|Scottish Cabinet in 2007: Deputy FM [[Nicola Sturgeon]] and First Minister [[Alex Salmond]] ]]
After this article appeared [[Salmond]] asked to meet [[Craig Murray|Murray]] at the George Hotel in Edinburgh. “Here, for the first time, he told me that [[Nicola Sturgeon]] had been behind the process designed to generate false accusations against him,” [[Craig Murray|Murray]] testified. He said that [[Salmond]] won his judicial review case because, “It was on the day that witnesses from [[Nicola Sturgeon]]’s private office were due to give evidence as to her own knowledge and involvement, that the Scottish Government suddenly conceded the case rather than have this evidence heard.” 

[[Craig Murray|Murray]] went on: 
:“Mr [[Salmond]] further told me that there was a massive police operation underway to try to get accusers to come forward against him. This was going to ludicrous lengths. He showed me an email from one woman to him, in which she stated that she had been called in and interviewed by the police because many years ago [[Alex Salmond]] had been said by another person to have been seen kissing her on the cheeks in a theatre foyer. The woman stated she had told them it was a perfectly normal greeting. She wished to warn [[Alex Salmond|Alex]] of the police fishing expedition against him. He understood that over 400 people had been interviewed by the police.”

[[Craig Murray|Murray]] testified that he asked [[Salmond]] what the motive against him could be. “Alex replied that he did not know; perhaps it lay in King Lear. He said that he had genuinely intended to quit politics and had lined up a position as Chairman of Johnstone Press, which had fallen because of these allegations. But he had retired from the party leadership before, and then come back, and perhaps [[Nicola Sturgeon|Nicola]] had concluded he needed a stake through the heart,” [[Craig Murray|Murray]] said. 

[[Sturgeon]]’s [[Scottish National Party]] (SNP) came up one seat short of a majority in [[2021 Scottish Parliament election|last week’s Scottish elections]], but with eight Green Party seats will have a majority to call for a [[IndyRef2|second independence referendum]]. She remains as first minister. [[Salmond]]’s [[Alba Party]] failed to win any seats. 

In his testimony, [[Craig Murray|Murray]] said that a source who had been present at a meeting with [[Sturgeon]] and some of her ministers told him that multiple charges had been brought against [[Salmond]] so that if just one conviction could be won [[Salmond]] would be destroyed as a sexual predator.

Armed with this information, [[Craig Murray|Murray]] testified that he was faced with a dilemma. He wrote:
:“To expose that it was [[Nicola Sturgeon]] who masterminded the conspiracy against him would be a real blow to the Independence movement. But to watch a plot to imprison an innocent man potentially for the rest of his life unfold before my eyes was also horrifying. Particularly as the most cynical part of the plot, to use the court anonymity granted to accusers of sexual abuse, to disguise who was actually behind the allegations, appeared to be working.”
[[Craig Murray|Murray]] went on:
:“The [[Crown]] can release salacious detail about attempted rape while lying naked on top of somebody in bed, and the media can echo this to the heavens. But from that moment, nobody can publish anything to contradict the [[Crown]] without being in [https://en.wikipedia.org/wiki/Contempt_of_court contempt of court.] It seemed to me that, in these circumstances, the [[Crown]] ought to have been a great deal more restrained in the amount of salacious detail it was making available. Certainly, there was nothing in what was happening which would contradict the information I had been given of the [[Crown Office]] being party to a political plot to destroy [[Salmond]].”
Murray said he became knowledgeable of a meeting in which women were being pressured by SNP leaders to accuse Salmond.
:“In or around March 2019, and from time to time over several months thereafter, I became aware of information tending to show that senior members of the [[SNP]] had sought improperly to involve themselves in the [[Salmond]] case. This included meeting with women to urge them to make or persevere with complaints to the police, coordination of complainers and their stories, liaison with the police over charges and attempts to persuade individuals other than the complainers to come forward as witnesses to allegations, which attempts were unsuccessful.”

==The Trial==
The [[Crown]] alleged in [[Craig Murray|Murray]]’s one-day trial on 27 January 2021, conducted entirely online and observed by ''[[Consortium News]]'', that identifying characteristics [[Craig Murray|Murray]] provided in his articles could be pieced together to reveal the identity of four of [[Salmond]]’s nine accusers, all of whom on 10 March 2020 were ordered to remain anonymous.

The prosecutor, [[Alex Prentice]] QC, advocate depute for the [[Crown]], told the court [[Craig Murray|Murray]]’s writings, as well as reader comments on his site, allegedly led to a “risk of prejudice” in the [[Salmond]] case, even though he admitted prosecutors never warned the court until after the [[Salmond]] trial was over. [[Craig Murray|Murray]]’s articles in question were published in August 2019 (“The Alex Salmond Fit-Up”)<ref>''[https://www.craigmurray.org.uk/archives/2019/08/the-alex-salmond-fit-up/ “The Alex Salmond Fit-Up”]''</ref> and in January 2020 (“Yes Minister Fan Fiction”).<ref>''[https://mastodon.scot/@YesTVdotScot/103507606784853070 “Yes Minister Fan Fiction”]''</ref> 

[[Lady Dorrian]], who is leading the tribunal in [[Craig Murray|Murray]]’s case, asked Prentice why the court was not informed before [[Salmond]]’s trial of the possible prejudice by [[Craig Murray|Murray]]’s writings. “If the Crown was of the view that these articles pose a substantial risk to the proceedings it seems strange that the [[Crown]] did not take any action at that time, or even bring it to court?” [[Dorrian]] asked.

“I accept that,” [[Alex Prentice|Prentice]] replied. “There were a number of considerations, but the Lady is right and I recognize that is a factor the court can take into account in assessing this.” 

[[Dorrian]] replied: “I understand that material written after the order may attract a certain shading in conjunction with an earlier article. My difficulty is that those earlier arguments could breach an order that wasn’t issued until March 10.”

“At the time it didn’t apply, but [the articles] are still available so they can be taken into account,” [[Alex Prentice|Prentice]] argued. 

[[Lady Dorrian]] also challenged that putting identifying characteristics of an unnamed accuser in a search engine would bring up different results over time. [[Alex Prentice|Prentice]] maintained that [[Craig Murray|Murray]]’s writings must be seen together, not in isolation, acting as “magnet” to draw together “needles in a haystack” to identify the anonymous accusers.

[[Craig Murray|Murray]]’s counsel, [[John Scott]] argued before the tribunal that [[Craig Murray|Murray]]’s response to the [[Crown]]’s letter in March was to seek press accreditation to cover the [[Salmond]] case, which he was denied. Instead [[Craig Murray|Murray]] relied on the reporting of other journalists to write analyses of the trial. [[Craig Murray|Murray]] had redacted the names of the anonymous accusers, [[John Scott|Scott]] argued. 

On the jig-saw matter, [[John Scott|Scott]] said “it is clear that he was aware of the names of the complainers and his sworn evidence is he was aware of them before the court order, but that it would not be responsible journalism to name them. …If he had wanted to do what the [[Crown]] says he did he could have done so.”

On the issue of prejudicing the trial, Scott said that if the Crown was “worried about the case they ought to have brought this to the attention of the court. … It is too late after trial. …  They can’t wait to see how it developed and after acquittal then say there was prejudice.”

On the matter of the juror, Scott said [[Craig Murray|Murray]]’s article only speculated on why the jurors were excluded and did not report the actual reasons. The [[Crown]] called [[Craig Murray|Murray]]’s speculation “bizarre and unfounded,” while at the same time saying it violated the prohibition on mentioning the actual “issues raised by the Advocate Depute” in support of removing the the jurors.

==Accusers’ Identity==
[[Craig Murray|Murray]]’s attorney told the court that [[mainstream media]] had reported details of the accusers. The [[BBC]] reported, for instance, in April: “The women who made the allegations against Mr [[Salmond]] included an [[SNP]] politician, a party worker and several current and former Scottish government civil servants and officials.” In his affidavit, [[Craig Murray|Murray]] testified:
:“If they genuinely thought my article might influence a jury, given they were well aware of the article and wrote to me about it, the [[Crown Office]] had an obvious public duty to act before a trial to prevent that evil. I would have happily turned up in court and argued my case. To wait until long after the trial, after it is far too late to avert the evil they purport to be concerned about, and then make that allegation against me, is plainly pointless and vindictive and, again, sinister.”

[[Craig Murray|Murray]] may have been a [[Crown]] target for the contempt conviction because he was among few writers defending [[Salmond]] and was vindicated by [[Salmond]]’s acquittal. [[Craig Murray|Murray]]’s writings and his affidavits also revealed the troubling evidence of a conspiracy against [[Salmond]], possibly including [[Scotland]]’s top political leader. 

[[Craig Murray|Murray]] has been a thorn in the [[Establishment]]’s side since he blew the whistle on [[Britain]]’s acquiescence of torture in [[Uzbekistan]] in 2002. He later testified about it to a parliamentary committee.

Since then, [[Craig Murray|Murray]] has been a fierce advocate for his friend [[Julian Assange]], the imprisoned [[WikiLeaks]] publisher, whom the [[United States]] is trying to extradite from [[Britain]]. [[Craig Murray|Murray]]’s accounts of [[Assange]]’s extradition hearing appeared on ''[[Consortium News]]''. [[Craig Murray|Murray]] is also a strong supporter of [[Scottish independence]], which the British [[establishment]] vehemently opposes.

==References==
<references/>