Scottish Daily Mail

Tram lawyer warned over possible ‘fraud’

- By Joe Stenson

A LEADING lawyer who admitted passing inaccurate informatio­n to City of Edinburgh Council during the tram project fiasco was yesterday told that he may be guilty of fraud.

Andrew Fitchie was seconded to councilown­ed firm Transport Initiative­s Edinburgh (TIE) and tasked with managing the scheme, which is being investigat­ed by the Edinburgh Tram Inquiry.

Costs for what was supposed to be a £375million project spiralled to £1billion and it was completed three years late.

Throughout the session, now-retired DLA Piper lawyer Mr Fitchie bickered with inquiry chairman Lord Hardie and the questionin­g senior counsel Jonathan Lake, QC.

Mr Lake put it to him: ‘Going back to May 2008, you would have been aware that they were knowingly providing false informatio­n to the council?’

The lawyer replied: ‘You’ve used a strong word – false informatio­n. And you’ve said, I believe, “knowingly providing false informatio­n to the council”. And I would have been aware that they were “knowingly providing false informatio­n”. I would hesitate to go as strong as that agreeing with you.

‘I agree that the informatio­n in those closed reports was deficient.’

Lord Hardie asked: ‘Well, it was more than deficient wasn’t it? It wasn’t accurate.’

Mr Fitchie responded: ‘Yes my lord, it was not accurate.’ Lord Hardie asked him: ‘So it wasn’t true?’ Mr Fitchie tersely responded, ‘correct’ before Lord Hardie insisted: ‘So it’s false?’ Mr Fitchie confirmed this was the case Mr Lake asked: ‘You hesitate there because you know the legal significan­ce of knowingly providing false informatio­n to someone don’t you?’ Mr Fitchie confirmed that he understood, before Mr Lake told him: ‘Because it amounts to fraud doesn’t it?’

Mr Fitchie replied: ‘It potentiall­y is a criminal offence yes, and a civil one as well.’

Mr Lake went on: ‘And you were aware of that in May 2008, you were aware that that was what was happening?’

Mr Fitchie refused to give a definitive answer, saying: ‘I read those documents, they were provided to me. I had to form a view as to whether they were fit for purpose.

‘My lord, I’ve answered your question as to whether that informatio­n was false. I am unwilling to accept the question to me that I knowingly let this go.’

Later, Mr Fitchie said he made a ‘hasty judgment’ on being shown extracts and suggested the document was not misleading in entirety. He added. ‘I am an extremely dedicated person. I worked very, very hard on this project for a long time.’

The inquiry continues.

 ??  ?? Evidence: Lawyer Andrew Fitchie
Evidence: Lawyer Andrew Fitchie

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