SCOTLAND’S most senior advocate is under fire for the second time after being accused of making disparaging remarks about "moany" child abuse victims.
A complaint was lodged against Gordon Jackson QC by a man attending the Scottish Child Abuse Inquiry in November 2018, who claims he heard the advocate openly describe victims as “moaning about their abuse” while sitting in the public waiting area.
Jackson, a former Labour MSP, was contacted by The Herald on Sunday regarding the complaint earlier this week, and days later announced he was quitting his post as Dean of the Faculty of Advocates.
It is alleged that Jackson, lead counsel for children’s charity Barnardo’s during the inquiry, was heard saying there was “no sense” of systemic child abuse, and abusers were “just bad apples”.
He also said people complaining about not being able to access their social care records “should know that there are people who have been raped and that it's hardly the same".
At the time the complainer had no idea who Jackson was, but felt obliged to contact Inquiry officials about a lawyer who was speaking openly and within earshot of potential victims who could have been attending.
Read more: Pandemic will not get in the way of child abuse inquiry
The complaint, seen by The Herald, states: “When I was in the public waiting area, one of the legal representatives was talking with their colleagues. He was an older man and was wearing green cords. He was with a much younger man in a suit.
“The older man spoke with his colleagues in a normal volume and didn't appear to mind that my friend and I heard. In the hearing, he sat three rows back on the left hand side.
“He described people as 'moaning about their abuse' and said that 'it's unpopular and people don't want to hear it but there's just bad apples, there's no sense this is systemic'.
"He said that people complaining about not accessing their records should know that there are people who have been 'raped' and that it's hardly the same.
"He spoke about the upcoming sessions as being 'interesting because they contradict each other'.
“I wanted to tell you about this because I think it may be useful to remind those participating in the inquiry because of their professional background to keep their opinions to themselves, or at least to the confines of non-public spaces.”
Correspondence from Inquiry officials states that Lady Smith, who was leading the independent probe, “was concerned to learn of the conversation ... and she is taking appropriate action”.
The judge then passed on the complaint to the Faculty of Advocates, of which Jackson was Dean.
Read more: The Faculty of Advocates must address lack of accountability
The complainer only discovered the QC's identity in December 2018, at a meeting with the then Vice Dean of the Faculty, Angela Grahame QC, who said she would be handling the complaint as it was about the head of the legal body.
Following the meeting, the complainer contacted the Inquiry stating: “Having met with the Vice Dean today, I'm now aware of who the person that I referred to in my email is. I was, as you can imagine, taken aback.
“I was immediately conscious of how many different reputational, professional and personal outcomes there could be for the person, the professional body and the inquiry…
“I understand that the Dean wishes to write to me separately to convey his regret. My interactions with you/the inquiry give me assurance that I will be the last person to overhear those kinds of comments from a QC in a public space.”
The complainer said he was given assurances that Jackson would receive training on the impact of such statements, and would be issuing a personal apology – both of which the Faculty has denied.
After receiving no apology, the complainer contacted the Faculty again last year but was told the Vice Dean had resigned.
He has now sent the complaint to the Scottish Legal Complaints Commission (SLCC), stating he believes Jackson has "no place" in Scotland's judicial system.
He told The Herald on Sunday: "I can understand that sometimes defence lawyers have to tell themselves a story to do the job they do.
"But what I heard was Gordon Jackson, representing an organisation that allowed people to perpetrate emotional and sexual abuse on children, publicly discrediting those who had spoken out. When I saw the video of him speaking about the Alex Salmond trial, doing the exact same thing, I realised that he has learned nothing."
It comes after a video of the QC emerged last weekend, where he is seen on a train openly discussing witnesses in the trial of former First Minister Alex Salmond.
He named two of the women accusing Salmond of abuse, saying he all he needed to do was "put a smell on" one of them, and described Salmond as "a bully".
Jackson said he had referred himself to the SLCC as a result, and said he did not consider the former FM as a bully.
The Herald on Sunday contacted Jackson earlier this week about the 2018 complaint, and days later the QC made a shock announcement that he was to resign as Dean of the Faculty by June 30.
Read more: Alex Salmond's QC Gordon Jackson resigns as Dean of the Faculty of Advocates
On Friday Jackson said: “It would not…be appropriate for me to remain as Dean at a time when the Faculty was considering disciplinary proceedings regarding my conduct.
"Accordingly, if, before that date, the Scottish Legal Complaints Commission remits the recent complaint for consideration by the Faculty’s complaints committee, I will stand down as Dean immediately. I do not intend to make any further comment.”
When contacted, before his resignation, about the 2018 complaint, Mr Jackson said: "My understanding is that this was all dealt with by the Vice Dean. That's what the Vice Dean told me, she had a meeting with the person and made my position clear ... whatever it was at the time ... I don't remember.
"If I said anything that offended the individual concerned ... I thought I had apologised through the Vice Dean but I would have no difficulty apologising in person, none whatsoever.
"I don't remember any suggestion of [training] whatsoever. If had been asked to make the apology personally at the time of course I would have done that."
When asked if his remarks were appropriate, Mr Jackson responded: "I'm not going into the merits of that. I don't even remember the exact detail ... it was a situation ... I don’t remember the detail, I just remember Angela [Grahame] dealt with it and that was the end of the matter."
The Faculty of Advocates said at no time was the complainer "told that there would be an apology, or that Mr Jackson would undergo training" following the incident.
A spokesman confirmed that the complaint was raised with Lady Smith and then passed to the faculty, with Angela Grahame QC meeting with the complainer.
However, he said the complainer was told at the time he could raise the matter with the SLCC, but he "preferred to work with the Faculty informally".
He added: "In the absence of any such complaint, Faculty had and has no reason, or indeed jurisdiction, to do anything further.
"We understood that as of December 2018, [the complainer's] view was that matters were closed. That being so, there has not been any lack of handling; there simply is no extant complaint.”
The SLCC said it could not confirm nor deny any complaints received regarding any member of the legal profession.
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