THREE senior Scottish Judges have been questioned by the Lord
President, Lord Hope, over allegations about homosexual conduct or
relationships,s.
These allegations led to the resignation of Lord Dervaird shortly
before Christmas. Two Judges are understood to have given Lord Hope
assurances that the allegations were untrue and he has accepted their
word on the matter.
A further two Judges were named in rumours, which were reported to the
Lord President by his officials. These were regarded as being so flimsy
that they were not questioned about them.
Senior legal figures are alarmed by the virulence and persistence of
rumours about a homosexual vice ring involving members of the Scottish
Bench.
The Lord President is understood to have received no information that
would justify an investigation into the private conduct of any serving
Judge. He has apparently been advised by the Crown Office that there are
no investigations being pursued into criminal conduct of a homosexual
nature by any Judge past or present. No reports of such conduct has been
made by any procurator-fiscal.
The allegations fed by the Parliament House rumour-factory concerned a
cottage in the south-west of Scotland and pubs and discos frequented by
homosexuals in Glasgow. They linked Lord Dervaird to one Judge in the
case of the cottage and to another in the case of the discos.
Against one Judge, being referred to as Lord A in legal circles, there
were three specific allegations. These were:
1.- He had been seen in a Glasgow pub in the company of a junior
counsel appearing with him on circuit.
2.- He had been seen in a gay disco in Glasgow.
3.- He and Lord Dervaird had used a cottage in the south-west of
Scotland for homosexual purposes.
All the allegations were denied by the Judge when he was interrogated
by the Lord President, and the Lord Advocate is understood to have
informed the Lord President that the allegations about the cottage were
without foundation. This advice appears to have resulted from an
investigation by the Crown Office.
Lord Hope is said to have accepted these assurances. He also is
understood to have accepted similar assurances from Lord B about
allegations linking him to Lord Dervaird in the discos. Lord B was said
to have left a gay disco in disgust.
The rumours about the other two Judges -- Judge C and Judge D -- were
considered to be unspecific and unworthy of investigation. In Judge D's
case they referred to the fact that he had lived with one of the other
Judges before his marriage 25 years ago.
Lord Dervaird submitted his resignation after a series of meetings
with Lord Hope after officials of the Crown Office and the Scottish
Courts Administration placed information before the Lord President.
It is understood that the information was specific and Lord Dervaird's
response was such as to persuade the Lord President that it had
substance. Lord Dervaird resigned within 24 hours. This was announced in
a terse media statement on December 22.
Senior Scottish legal figures yesterday made clear to their colleagues
their anxiety to end rumours about the private lives of Scottish Judges
which are undermining the legal profession's confidence in the
judiciary. The rumours, which are common currency in the pubs and coffee
bars around Parliament House, are said to be ''out of control.''
Lord Dervaird was appointed to the Bench in 1988. He is regarded as an
able lawyer and was respected as a sound Judge.
Judicial circles stress that homosexuality is not necessarily a bar to
office but must be regarded as such if homosexual conduct is of such a
nature that it opens a Judge to the danger of blackmail or coercion.
Lord Hope's nightmare
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