A SHERIFF refused a motion to step down from presiding over a trial because his brother is a Labour MSP.
Defence lawyer John Flanagan made a motion that sheriff Tony Kelly should recuse himself from the proceedings.
His client Sean Clerkin, 55, allegedly committed a breach of the peace at Glasgow Royal Concert Hall on April 1, last year, the same day as Labour shadow chancellor Ed Balls gave a speech.
Mr Flanagan said that because the sheriff’s brother is a Labour MSP it might be seen to be a conflict of interest.
He was unable to produce any authority to the sheriff in support, but said that his brother being affiliated with the party which is linked to the Labour head office, might be an issue in the public eye.
Sheriff Kelly told him: “I’m struggling to see what gives rise to the conflict.”
The lawyer said: “The fact is your brother is an MSP, this is about the Labour party and that’s the connection.”
Clerkin and another man Piers Doughty Brown, 56, also face a charge of “behaving in a threatening or abusive manner” on May 16, last year at the Labour party headquarters on the day former leader Jim Murphy announced his resignation.
They deny the charges and the trial continues at a later date.
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