GROUPS IN CALL FOR SPECIALISED JUDGES Justice has been done. Eventually
Teacher conviction overturned
An alleged domestic abuse victim jailed by a sheriff for contempt of court has had her conviction overturned.
School teacher Donna Kiddie was locked up after failing to testify against her husband at Kilmarnock Sheriff Court.
Sheriff Elizabeth McFarlane’s decision to lock up the mum-oftwo last month sparked outrage among the legal profession and politicians.
But the conviction was sensational ly overturned during a hearing at the Sheriff Appeal Court in Edinburgh.
A panel of three sheri f fs made the decision last Tuesday.
Donna said: “We’re happy with the outcome and grateful for my lega l representation.
“I ’m also relieved to put the unfortunate matter behind me.
“The support of friends and colleagues has been immeasurable du r ing thi s trying time.”
We revealed in August how the biology teacher was sentenced to two weeks in prison for contempt of court for allegedly refusing to give evidence against her husband Jonathan, who is a lawyer.
He had allegedly hit her at the family home in Dalry, Ayrshire,
But Donna was jailed when she went into the witness box and said she had no recollection of the incident and claimed she was drunk when speaking to police.
Sheriff McFarlane jailed her for two weeks but Donna was released pending her appeal after four days.
The decision to overturn the sentence comes in the wake of another case which saw a church minister have her contempt of court conviction quashed. Rev Tracy Hart, of Forfar, Angus, was accused of keeping her children away from their killer father.
Appeal judges ruled that Sheriff Greg or Murray’ s sentence wasn’t competent and she should not have been convicted, never mind jailed.
Scottish Labour Justice spokeswoman Claire Baker hailed both decisions to reverse the convictions as a “victory for common sense”. She added: “The heavy handed sentences sent out the wrong message to women across Scot land suffering domestic abuse and reluctant to come forward.
“There must be parliamentary scrutiny of how victims are treated by the courts and the forthcoming Domestic Abuse Law will give us an opportunity to do just that.”
Scottish Women’s Aid chief executive Dr Marsha Hunt said that the cases showed the need for sheriffs who hear domestic abuse cases to have specialist training.
She added: “It’s not adequate to l imp along on these incredibly diverse findings and sentences from sheriffs, both for perpetrators and then revictimising women by trying to coerce them to testify.
“The existing argument for the independence of sheriffs that allows them to hear cases in which they’re not competent has got to be addressed.”
Mhair i McGowan f rom Glasgow’s Assist, who provide support for domestic abuse victims, said: “Jailing victims for not speaking up shows a lack of understanding of the impact of abuse, of forgetting that victims are aware that when the court case is finished, the abuser could blame them for any impact on their earnings, or employment or indeed shame.“
Donna could sti l l face a hearing by the General Teaching Council for Scotland as they judge cases on an individual’s fitness to teach, not whether an offence has been committed.
Heavy handed sentences sent out the wrong message to the women suffering domestic abuse