‘While we are devastated by the verdict, we will not let it define us’

Below is a powerful statement written by the women from the recent court case against former First Minister Alex Salmond, issued through Rape Crisis Scotland:

The jury has delivered a majority verdict on the charges brought against the former First Minister.

We are devastated by the verdict. However it is our fervent hope that as a society we can move forward in our understanding of sexual harassment and sexual assault.

In defending Alex Salmond, Gordon Jackson quoted Woman H and said his client should have been a ‘better man’.

He said behaviour which others described as demeaning, intimidating and humiliating, was ‘trivial’.

The behaviours that Alex Salmond and his defence team admitted to in evidence were not and are not trivial.

Today we want to send a strong and indisputable message that such behaviours should not be tolerated – by any person, in any position, under any circumstances.

This has been a traumatic process however we thank Police Scotland and the Crown Office and Procurator Fiscal Service for taking our experiences seriously and for allowing our voices to be heard.

Many of us did speak up at the time of our incidents but were faced with procedures that could not deal with complaints against such a powerful figure.

Others were silenced by fear of repercussions.

It was our hope, as individuals, that through coming forward at this time we could achieve justice and enact change.

We remain firm in our belief that coming forward to report our experiences and concerns was the right thing to do.

But it is clear we alone cannot achieve the change we seek.

The outcome of this trial will pose many questions and be cause for much debate.

But as politicians, commentators and society reflect on this case, we would ask you to consider whether behaviour which is so often merely described as ‘inappropriate’ or is tolerated by society, is acceptable towards your daughters, granddaughters, sisters, wives, friends, and colleagues.

Many of them will already have suffered such conduct. Often in silence.

We would also request that as you debate, you conduct it respectfully and stay mindful of the many women in Scotland who may have had traumatic experiences and are considering whether or not Scotland is a country in which they can come forward to seek help and support.

This is more important now than ever before.

All people should feel safe, valued and equal in society and their workplace and it is imperative to ensure robust complaint structures are in place.

We should all take strength in calling out bullying, sexual harassment and sexual assault wherever it takes place.

And we should all seek to create an environment in which people can challenge and report these behaviours without hesitation or fear of retribution.

Some say that women’s fight for respect has gone ‘too far’. We argue it has far to go.

For too long, behaviour which should be condemned has been accepted and excused.

For too long perpetrators in positions of power have been shielded by their ability to influence and intimidate.

For too long women’s complaints have been dismissed or swept under the carpet.

And for too long, women have been let down by organisational structures which should exist to protect them, not put them in situations which endanger their welfare.

This must end.

To those who have spoken out in support – thank you, we see you.

While we are devastated by the verdict, we will not let it define us.

We hope through shining a light on our experiences, it will serve to protect and empower women in the future.

Be brave, be loud, be heard.

Signed,

Woman A, Woman B, Woman C, Woman D, Woman F, Woman, G, Woman H, Woman J, Woman K

Sandy Brindley, Chief Executive of Rape Crisis Scotland said: “This is a powerful and important statement that we know will resonate with many people in Scotland and beyond.

“More than a statement it is an urgent call for an examination of our attitudes towards sexual harassment in Scotland, a call for the end to the minimisation and trivialisation and a call for change.

“For too long these behaviours have been tolerated and accommodated and this cannot stand any longer. Enough.

“These women are brave, and we stand with them and hope that their voices are heard.”

Rape Crisis Scotland has also called for an investigation into the conduct of Mr Salmond’s senioe defence counsel Gordon Jackson QC, who was overhead – and filmed – discussing the case on a busy Edinburgh – Glasgow train.

A spokesperson for Rape Crisis Scotland said: “Protecting the anonymity of all people who report sexual crimes is of critical importance and is one of few reassurances that can be offered as part of an otherwise daunting and intimidating process. For this to be undermined by such a senior lawyer in a public place in such a high-profile trial is horrifying and completely unacceptable.

“Jackson is Dean of the Faculty of Advocates and we cannot see how this behaviour – caught on film – is in keeping with the Faculty of Advocate’s own guidance on conduct. There should be an immediate investigation.

“One of the most chilling aspects of this is Jackson’s statement about his strategy for the cross examination of one of the women in the trial: “All I need to do is put a smell on her.” This statement alone confirms the fears of many, many survivors who do not report for fear of what would be done to them in court. Trials should be based on evidence, not on smears and attacks on character. We need an urgent overhaul of how these cases are dealt with.”

Gordon Jackson talked of the ‘Holyrood political bubble’ during the trial. It’s a political bubble Mr Jackson knew very well – he himself was a Labour MSP from 1999 until he lost his seat in 2007 – to Nicola Sturgeon.

While serving as the member for the impoverished Glasgow Govan constituency, the barrister continued to undertake lucrative work at the Bar, provoking anger and cricitism – some even from Labour colleagues.

Jackson was widely known as ‘Crackerjack’, as he  repeatedly turned up at Parliament just in time for the 5pm vote. (For younger readers, Crackerjack was a long-running children’s programme, which famously started at 4.55pm.)

Crime, justice and Covid-19

Scotland’s Lord Advocate and the Chief Constable of Police Scotland have set clear priorities for the investigation and prosecution of crime as measures to tackle the Covid-19 outbreak come in to force.

In a joint statement, Lord Advocate James Wolffe QC and Chief Constable Iain Livingstone QPM stress their commitment to keeping people safe from harm and dealing effectively with those who break the law.

To support the public health guidance new arrangements for court business are being put in place aimed at significantly reducing social contact. Justice system partners have agreed measures that ensure the prioritisation of essential casework while maintaining public safety and protecting public health.

The police will continue to deal effectively with criminality, and to report cases to the procurator fiscal in the usual way. Prosecutors will continue to process cases in accordance with the Scottish Prosecution Code. In order to minimise the need for attendance at court, steps are being taken to reduce substantially the number of trials.

There will be a focus on cases where the accused is in custody. In addition, there may be some non-custody trials where witnesses are available, with those likely to be limited to cases relating to domestic abuse, sexual offending and violence.

Steps will be taken, so far as possible, within existing rules, to minimise the need for attendance at court. In other cases, trials will be deferred until after the current situation is over.

In addition, there will be revised, rigorous guidelines, focused on public safety, for the police to apply in the liberation of an arrested person pending further investigation or action.

This situation is evolving and work is being done across the criminal justice system and Scottish Government to enable the effective administration of justice to continue.

It is appreciated that uncertainty over court proceedings can have a serious impact on those affected by crime and further information for witnesses, victims and those accused of crime is available on the COPFS website.

Lord Advocate James Wolffe QC said: “My firm commitment, now as always, is to keeping the public safe from harm and maintaining the rule of law.

“Scotland’s prosecution service is working with justice partners on a system-wide response to the challenges of the coming months which are unprecedented in modern times.

“That response will be focused on public safety and on maintaining the fair and effective administration of justice within the constraints of health guidance.

“The police and prosecutors will continue to respond effectively, robustly and fairly to criminality at all levels. We are working with the courts and with Scottish Government on a range of measures which will respond to the demands posed by the present circumstances.”

Chief Constable Iain Livingstone said: “Scotland, like the rest of the world, is dealing with unprecedented challenges and demands as we respond to the coronavirus outbreak.

“The Police Service of Scotland is working closely with the Crown Office and the wider justice system to protect people from crime and the threat of Covid-19, while also upholding people’s human rights.

“My priority is, as always, to ensure the people of Scotland are protected and policed effectively.

“Those breaking the law will be dealt with appropriately to ensure the public is kept safe from risk and harm through rigorous conditions for release and, where necessary, holding people in custody for court.

“These measures allow us to carry out our duties in the most effective way during this critical period.

“Our officers and staff are working around the clock to support the magnificent work of health professionals and, crucially, our fellow citizens as we all face the difficult days ahead together.

“I am confident that by working together we can respond to this outbreak and keep our communities safe.”

Further detailed information on this is available on the COPFS and SCTS websites.

Further information

Custody cases will continue to be called in court where there is a concern about public safety and COPFS is recommending that the accused be remanded in custody.

With the restricted courtroom activity reserved for essential trials, emphasis will be placed on judicial case management and proactive engagement between prosecution and defence agents to enable cases to be resolved, where possible, without the need for a trial and witnesses being called. Where a trial is necessary, all efforts will be made to minimise the need for attendance at court.

Cases that are already in progress will run to the conclusion of the trial, if practical to do so.

Alex Salmond set to stand trial on sex offence charges

Alex Salmond stands trial today on allegations that he sexually assaulted ten  women while serving as Scotland’s First Minister. Mr Salmond will face 14 charges at the High Court in Edinburgh this morning.

The charges – which the former First Minister says he will vigorously defend –  include allegations of ten sexual assaults, two indecent assaults, one attempted rape and an assault with intent to rape.

Mr Salmond has pled not guilty to all charges and the trial before judge Lady Dorrian is expected to last for four weeks.

Letter: Assange must be protected

Dear Editor

Sweden is a country associated with the better side of human activity: it is a reputation to be respected and treasured.

Recent events around the situation of Julian Assange is doing harm to this reputation, which must be a concern for the Swedish people.

Included in this letter is an appeal to the authorities of Sweden in the UK to use their good offices to secure justice for, and the protection of, Julian Assange from others.

A. Delahoy

Silverknowes Gardens

Seven MILLION hours of community payback

Community sentences continue to support local projects across Scotland

Justice Secretary Humza Yousaf has welcomed figures revealing Scotland’s communities have benefitted from around 7 million hours of unpaid work by people serving Community Payback Orders since their introduction in 2011.

Criminal Justice Social Work 2017-18 statistics show 17,800 Community Payback Orders (CPOs) were commenced in 2017-18 and 75% had an unpaid work or other activity requirement.

In addition, just over 1,000 fiscal work orders commenced in 2017-18 including unpaid work and 86% were successfully completed.

Responding to the figures, the Justice Secretary also confirmed plans to lay the order to extend the presumption against short prison sentences from 3 months to 12 after Easter. Subject to parliamentary approval, it is anticipated the extension will come into force in the summer.

Mr Yousaf said: “From refurbishing and redecorating local facilities to gritting roads in cold weather, unpaid work projects make a real difference to communities. With the total number of hours around 7 million, and evidence showing that those released from a short prison sentence are reconvicted almost twice as often as those given CPOs, the value of community sentences is clear.

“We are working closely with councils, third sector partners and Community Justice Scotland to strengthen the provision of alternatives to custody and support our hard-working prison officers by ensuring prison is focused on those people convicted of the most serious crimes and who pose the highest risk to public safety.

“As we plan for the extension of the presumption against short prison sentences, which is supported by empirical evidence and was backed by the vast majority of consultation respondents, we have protected and strengthened funding for Scotland’s criminal justice social work services so that it now stands at just over £100 million. We also provide over £11.6 million to third sector organisations working to help reduce reoffending – keeping crime down and communities safe.”

Criminal Justice Social Work Statistics in Scotland: 2017-18

6,887,119 of hours of unpaid work have been recorded as part of CPO unpaid work or other activity requirements successfully completed between 1 April 2011 and 31 March 2018. It doesn’t include unpaid work under legacy orders, fiscal work orders or CPOs unpaid work requirements that were not successfully completed.

The use of custodial sentences under 3 months has fallen over the last decade, while the proportion of people given a community sentence has risen, from 14% in 2008-09 to 20% for the last two years.

85% of the responses to the Scottish Government’s 2015 Consultation on Proposals to Strengthen the Presumption against Short Periods of Imprisonment supported an extension of the presumption and 84% supported an extension to 12 months.

National Statistics show that those released from a short prison sentence are reconvicted almost twice as often in 12 months than those given community payback orders (CPOs).

Justice Social Work plays a vital role in ensuring community sentences and other interventions are effective in addressing offending and its causes, paying back to communities and preventing re-offending. This work has helped achieve a 19 year low in reconviction rates.

Completion rates for community sentences have increased, 70% in 2017-18 compared to 64% in 2006-07.  Updated Practice Guidance on Community Payback Orders was published on 25 January to further support effective practice and improvement, including a fresh focus on breach and compliance.

While volumes of criminal justice social work reports and orders fell by over 5% in the last year, ring-fenced funding for Criminal Justice Social Work of just over £100 million is being protected in the 2019-20 Budget to deliver community sentences, support rehabilitation and reduce re-offending.

The Scottish Government continues to invest in third sector services that support criminal justice social work and community justice partners working together, to reduce reoffending. In 2018-19 this investment totalled over £11.6 million including support for mentoring, Apex, SACRO, the 218 Centre for women, Venture Trust, Turning Point Scotland, Families Outside and Prison Visitor Centres.

 

Justice Committee questions use of remand in Scotland

Holyrood’s Justice Committee has found that the proportion of remand prisoners in Scotland is high. This is particularly true amongst female prisoners, where remand prisoners account for almost a quarter of the total female prison population. Continue reading Justice Committee questions use of remand in Scotland

Transport Police plan hits the buffers

Integration initiative delayed indefinitely

The Joint Programme Board overseeing the integration of British Transport Police (BTP) in Scotland into Police Scotland has agreed to review the timetable. A longer timetable will allow for enhanced engagement with officers, staff and their representatives on key issues, including pay and conditions. Justice Secretary Michael Matheson has expressed disappointment at the delay, but the news has been welcomed by opposition parties at Holyrood.  Continue reading Transport Police plan hits the buffers