Judge quits criminal trials over his wife’s Lord Advocate post
A ToP judge has agreed not to preside over criminal trials to avoid a conflict of interest with his wife, the Lord Advocate.
Lord Turnbull made the move as a Tory MSP raised concern about the potential problem following the appointment of Dorothy Bain, QC.
MSPs yesterday approved the appointments of Miss Bain as Scotland’s most senior law officer, and Ruth Charteris, QC, as her second-in-command.
A spokesman for the Judicial office for Scotland said ‘to avoid any conflict of interest, and in line with measures taken previously, the judge [Lord Turnbull] will not sit on any criminal cases’.
She said: ‘All judges are obliged to declare an interest where there is any real or perceived conflict in any court case. If there is a conflict, they will step down from the case.’
She added that a register of recusals is published on Judiciary of Scotland’s website.
This week, Scottish Conservative community safety spokesman Russell Findlay said Miss Bain’s appointment highlights the need for a judicial register of interests.
he had questioned whether Lord Turnbull should continue sitting on criminal appeals while his wife is responsible for all criminal prosecutions.
Mr Findlay said: ‘The new boss of Scotland’s prosecution service is married to a senior judge in Scotland’s criminal appeal court yet the public would have no idea of this most intimate of connections.’
Responding to Mr Findlay, nationalist MSP Rona Mackay said: ‘outside of the Conservative Party, the world has moved on since women were defined or constrained by the roles or standing of their husbands.’
Calls have intensified in recent months to split the powers of the Lord Advocate – both chief legal adviser to the Scottish Government and Scotland’s top prosecutor. During a debate on the appointments, which were passed unanimously at holyrood yesterday, opposition parties pushed to separate the powers, particularly following the Salmond controversy.
nicola Sturgeon also said there is a ‘strong, prima facie case’ for the separation of powers, repeating an election pledge to consult on whether changes are needed.
She said: ‘Change, depending on the nature of it, may require primary legislation including possible amendment to the Scotland Act.’
Scottish Tory leader Douglas Ross said he is confident Miss Bain will handle her post with ‘professionalism’, but the dual role is a ‘serious conflict’. he added: ‘The issue is systemic.’
Scottish Labour leader Anas Sarwar said it would support both appointees but ‘we will also call on colleagues across this parliament to make it contingent on us to reform these offices’.