Edward Farquharson Bowen
SHERIFF PRINCIPAL BOWEN IS A CRIMINAL
As readers may know from previous posts, Bowen made an extraordinary outburst at my sentencing hearing on 17th February 2012 that no one present could have anticipated. After I had publicly challenged him about his concealed ten-year relationship with cited defence witness Elish Angiolini, he said something like this during his sentencing statement.
” How dare you, an Englishman, come to Scotland to tell us what to do?
We know how to run the justice system here in Scotland.”
This was spoken in a crowded open court and was being recorded by audio.
When I received a printed copy from the Crown Office a few weeks later of the speech, the two sentences above had been omitted. I asked the Court about this inaccuracy and why these remarks were missing. Having received no plausible explanation , I asked Elaine McLeod, the Sheriff Clerk at Stonehaven Court for a copy of the audio. This was denied to me. I thus proceeded to make a formal complaint to the Judicial Office of Scotland. Eventually, Lord Eassie ordered an investigation, appointing Lady Smith to conduct it.
Lady Smith ordered that the audio be produced. A written transcript, said to be taken directly from the audio, was sent to me prior to my being interviewed by Lady Smith on 3rd July 2013. The copy not only differed significantly from the original document, but also omitted the two key sentences. It was now clear that a serious criminal offence had occurred, the falsification and tampering with of official Court records. I made this perfectly clear to her Ladyship during the course of the interview.
Afterwards, I recalled that Lady Smith`s name had appeared on a previous court document in 2010, supporting a legal action by Sheriff Graham Buchanan against me, presented by solicitor Peter Anderson, of Simpson & Marwick. I wrote to Lord Eassie to ask if this may be considered to be a possible conflict of interest and whether Lady Smith had disclosed this at the time of her appointment. So far, no response to my query has been received and no confirmation yet as to whether Lord Eassie has actually seen my letter or if it had been intercepted by a Court official. Marisa Strutt, at the Judicial Office, is so far unable to confirm whether Lord Eassie has had sight of my letter addressed to him dated 25th July 2013, referring to Lady Smith.
This could become a further issue, as Ms Strutt has told me that it would not be appropriate for His Lordship to enter into correspondence with me. It would be if I have discovered that he may have been misled. Given Lady Smith`s bizarre and illogical conclusion that effectively exonerates Edward Bowen and implies, without any reasonable justification, that I have lied, I surely have a right to know if any inappropriate behaviour on Lady Smith`s part has taken place.
Simpson and Marwick has not only represented Sheriff Buchanan in connection with the Hollie Greig case, but also Hollie`s father, Denis Charles Mackie, which I brought to Mr Anderson`s attention. Interestingly, he initially denied that this was the case, but was forced to retract when I produced a document from his firm confirming that what I said was indeed the truth.
I have now received a letter from the Judicial Office for Scotland stating that Lady Smith has decided that my complaint is “without foundation”. Lady Smith has based her conclusion on conversations with Bowen, Elaine McLeod and an audio and Crown Office documents that have clearly been fabricated in order to protect Bowen. When I made my complaint and met Lady Smith, I made it clear that a number of those present in court that day had nobly offered to provide sworn statements as to what they heard Bowen say. Lady Smith has therefore based her opinion on the two people who have every reason to lie and ignored all of those who have no logical reason to do so.
Edward Bowen has therefore not only made an offensive and discriminatory remark, has lied to Lady Smith in denying that he did so and has clearly been complicit in the falsification of Court records. He is thus a criminal.
During his tirade against me, Bowen said “By your campaign you have sought to undermine the criminal justice system and Government of Scotland as a whole”. It is conduct such as Bowen`s that has undermined the system.
There have been many examples of false convictions in Scotland, notably including that of Abdelbasset Al-Megrahi, but it seems that it falls to me to have the dubious distinction of actually being sent to prison by a criminal!
By Bowen`s actions, he has effectively exposed the false front, rot and decay that lies at the heart of the Scottish criminal justice system and the Scottish Government.
The eminent and well-respected Jock Thomson QC was absolutely right when he courageously stated publicly that the Crown Office is institutionally corrupt. If only more senior members of the legal profession, MSPs and editors possessed a similar degree of bravery, Scotland would be a much better place.