John Wraith (67), the first person to be charged with smoking in an enclosed public place contrary to the Smoking Health and Social Care (Scotland) Act 2005, was found not guilty on 15 February 2008 after a trial before Sheriff Graeme Buchanan at Aberdeen Sheriff Court. Sheriff Buchanan said there must have been untruths in the witness evidence heard by him but that he was most unhappy with the testimony of the person who claimed to have seen Mr Wraith with lit fag in hand in the Burnett Arms Hotel, Kemnay: the sheriff described that evidence as shifty
With the Ashes cricket battle raging in Australia, a Scottish sheriff has ruled that for a Scotsman to call an English-born policeman a Pom” is not racially aggravated breach of the peace. Sheriff Lindsay Foulis found William Gallagher not guilty of the offence in a decision at Perth Sheriff Court on 1 December 2006. Gallagher’s alleged victim was Police Sergeant Rodney Wigley
Alistair Bonnington, now clearly moving up to challenge Lord McCluskey as Scots law’s No 1 Public Controversialist (see previously Nos 463, 583) has denounced the bonkers” idea of a lawyer with dyslexia. Writing in the latest issue of SCOLAG
Kevin Dunion the Scottish Information Commissioner published his first annual report on 21 February 2006, claiming that the Scottish people had enthusiastically embraced” Freedom of Information
The Report of the Expert Group on a possible new offence of corporate homicide was published on 17 November 2005 (see previously Nos 452 and 488, and for the Report itself, http://www.scotland.gov.uk/Publications/2005/11/14133559/35592).
The Report offers the following conclusions, which differ in significant respects from those proposed for England (see for those http://www.homeoffice.gov.uk/documents/2005-corporate-manslaughter/?version=1):
17.1 The Group considers that a new statutory offence of corporate killing should be introduced for organisations guilty of recklessness which results in the death of employees or members of the public. While there would be advantages in a uniform approach across the UK