Mr Eddie Cairns
72 Hillhouse Street
GLASGOW G21 4HP
4 April 2017
Deputy Chief Constable Livingstone
Dear Mr Livingstone,
On 29 November I received an email from PC H766 Kenny Robertson, Chief Constable's Secretariat, Tulliallan FK10 4BE in the following terms, reproduced here in italics for convenience:
I write on behalf of Chief Constable Philip Gormley with regard to your email received on 29 November 2016.
I can confirm that this matter has been passed to Deputy Chief Constable Livingstone's office for consideration.
On 4 December 2016 I wrote to you with additional information in support of my position.
If you have sent a response to my request dated 29 November 2016 I have not received it.
In the light of the new evidence arising during 2016 in this case the letter to me from Ms Catherine Dyer of the Crown Office and Procurator Fiscal Service dated 8 April 2005 is confirmed not to be in accordance with the evidence now available.
In particular, the following statements in that letter, reproduced here in italics for convenience, are inaccurate:
1. In this particular case the only witness alleging that criminal conduct took place by either the police officers or any personnel of Ayrshire Enterprise (sic) or the organisations that reviewed Ayrshire Enterprise’s (sic) intromissions with these funds is a single source, namely yourself.
2. There is no ‘’corroboration‘’ of any of your allegations and accordingly there is an insufficiency in law to allow any proceedings on criminal charges.
On 15 April 2011 Ms Michelle Macleod, Head of Policy, the Crown Office and Procurator Fiscal Service, wrote to me including the following statement, reproduced here in italics for convenience:
In response to your query as to why allegations of criminal conduct made by you regarding COPFS employees have not been referred to Crown Counsel, I can advise that none of the allegations made by you amounted to conduct of a criminal nature.
Since I have alleged that the new evidence arising in 2016 confirms beyond reasonable doubt that employees of the Crown Office and Procurator Fiscal Service concealed material evidence and conspired to pervert the course of justice in this case, Ms Macleod’s assertion about my allegations not amounting to conduct of a criminal nature has no credibility, giving rise to an appearance of unfairness in the handling of this case by named individuals in the Crown Office and Procurator Fiscal Service that may reasonably be suspected as attributable to their lack of the required independence and impartiality.
To this day employees in the Crown Office and Procurator Fiscal Service appear to be deliberately refusing to submit my allegations to independent Crown Counsel not because my allegations did not amount to criminal conduct but rather in order to cover up misconduct by their colleagues.
If Police Scotland does not address this failure the general public will justifiably conclude that Police Scotland regards employees of the Crown Office and Procurator Fiscal Service as above the law. Justice has so far not been seen to be done.
Since this is undoubtedly a matter of serious concern to the general public especially in the context of the alleged cover up of fraud in a public agency in respect of some £187,000 of taxpayers’ cash I have published this letter on the internet.