Tram lawyer warned over possible ‘fraud’
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.