Lawyers refuse to enter cells after second court outbreak

LAWYERS have refused to enter the cells at one of Scotland’s busiest courts following a second outbreak of coronavirus.

The move could drastically increase a backlog of cases.

An email to Scottish Courts and Tribunals Service (SCTS) chiefs came from senior defence solicitors at Kilmarnock Sheriff Court.

They said they have seen an increased number of colleagues infected with the virus.

Prosecutors had earlier pulled out of proceedings, complaining about being ‘misled’ by the SCTS – who claimed the building had been given a clean bill of health by the public health watchdog.

It is unclear if the cases have been fuelled by a major outbreak at nearby HMP Kilmarnock, where more than 240 positive cases have now been recorded among prisoners and staff.

It is understood lawyers decided to act after two of them caught

‘The building must be harbouring the virus ’

coronavirus and family members were also infected – with 19 current cases among court workers.

One Kilmarnock lawyer said: ‘The building must be harbouring the virus. They need to shut the doors and sort the building out like they do with Legionella.

‘Does one of us have to die before they do anything?’

The email, from solicitor advocate Simon Brown to sheriff clerk of Kilmarnock, Caroline McShane, warns of members of the town’s Faculty of Solicitors Criminal Bar ‘feeling we can no longer work in what is becoming an increasingly unsafe environment’.

Mr Brown writes: ‘We as court users are becoming increasingly concerned with the lack of Covid safety measures in place.

‘With the recent outbreak in the cells and now another criminal solicitor testing positive, we feel not enough is being done to reduce the risk of infection.’

The SCTS said it strictly followed Public Health Scotland guidance and had enhanced cleaning, adding that the health and safety of staff, judiciary and court users was its ‘absolute priority’.