Mr Eddie Cairns
72 Hillhouse Street
Tel 07501 346 490
9 November 2016
Judicial Office for Scotland
Strategy & Governance
Court of Session
1A Parliament Square
EDINBURGH EH1 1RQ
Dear Sir or Madam,
JUDICIAL CONDUCT COMPLAINT – LORD TYRE
I want to add the following to point 2 of my formal complaint about unethical conduct by Lord Tyre in respect of the manner of his rejection of my proposed writ against Ms Lena Wilson and Mr Iain Scott on 2 November 2016:
2. ‘It appears to be based upon no more that (sic) the fact that the individuals whose names are listed at the end of condescendence 9 have reached conclusions with which the applicant disagrees.’
On the contrary the conclusions reached by the individuals whose names are listed at the end of condescendence 9 were averred to have been falsely stated. Instead of averring that I disagreed with their statements I referred in the proposed writ to documentary evidence that had been produced proving all their statements on the alleged financial irregularities to have been false.
Lord Tyre’s pretence that my allegation of a conspiracy was based upon no more than a disagreement with the conclusions reached by others is not in accordance with the averments and documentary evidence.
One example will serve to highlight Lord Tyre’s very serious misrepresentation of my proposed action.
Several individuals denied that there were any financial irregularities at all, as averred in the proposed writ in considerable detail. But their denials are exposed as lies with reference to the conclusion of the original report.
Consider the following extract from the proposed writ:
‘COND. 5 In July 2016 under the terms of the Data Protection Act 1998 Scottish Enterprise disclosed to the pursuer communications from Mr Iain Scott to Police Scotland and Scottish Enterprise about this case on 15 April 2016.’
‘The disclosures included a copy of the original Scottish Enterprise report on their investigation into the alleged financial irregularities dated 20 August 1993.’
‘........ The report concluded with the following brief statements, reproduced here in italics for convenience:’
‘‘The receipt of ERDF money was brought into the July financial ledger on 18 August. The money was received in June 1993 and should therefore have been accounted for in this month.’’
‘This conclusion corroborated the pursuer’s concern about the Enterprise Ayrshire accounts as they stood when he wrote his email to his supervisors in Enterprise Ayrshire Mr Gary Tracey and Ms Janie Maxwell on 17 August 1993.’
The last sentence ends the extracts for consideration in this section.
This conclusion was not my opinion that the other individuals disagreed with. It was the conclusion of Scottish Enterprise’s own original investigation that they deliberately misrepresented for the common purpose of covering up the alleged financial irregularities and thereby destroying my professional reputation, competence and employability.
All the individuals who denied in concert that there were any financial irregularities were directly contradicting the conclusion of the Scottish Enterprise report on the investigation.
Lord Tyre’s pretence that my allegation of a conspiracy was based upon ‘no more’ than my disagreement with the conclusions other individuals had reached is completely false.
I did not produce the report on the investigation so Lord Tyre’s attribution of its conclusion to me and his pretence that it was my conclusion that the other individuals disagreed with is obviously just another disgraceful fabrication by Lord Tyre that can easily be verified to be the case in the light of the averments in the proposed writ and the supporting productions that were submitted to him.
Since such deliberate misrepresentations by a judge will be a matter of very serious concern to the general public, especially in the context of alleged financial irregularities in a public agency that were repeatedly covered up thereby destroying my career when I had acted properly to resist the criminal actions of my supervisors in falsifying the accounts and misappropriating £187,069 of UK taxpayers’ cash, I have published this letter on my Scottish Justice blog.