The Scotsman

EX-MP’S attempt to withdraw guilty pleas rejected

- By HILARY DUNCANSON newsdeskts@scotsman.com

Former SNP MP Natalie Mcgarry outside Glasgow Sheriff Court yesterday where she failed in her attempt to change her plea on charges of embezzleme­nt. She pleaded guilty last week but tried to reverse that position at a hearing yesterday.

A bid by a former SNP MP to withdraw her guilty plea to charges of embezzling more than £25,600 from pro-independen­ce organisati­ons has been refused by a court.

Natalie Mcgarry, 37, admitted two charges of embezzleme­nt when she appeared at Glasgow Sheriff Court last week but attempted to reverse that position when she returned to the court for a hearing yesterday.

Her new defence lawyer argued Mcgarry felt she had “no choice” but to tender the guilty plea on 24 April having been under “undue pressure” at the time, when she was representi­ng herself.

The court was told of a breakdown in relations with previous counsel and that the former politician feared having to go through a complex six-week trial without proper legal representa­tion.

Sheriff Paul Crozier said Mcgarry had been “under no illusion” about what was happening and said the court had “bent over backwards” to help her. He found the legal test for the plea to be withdrawn had not been met and refused the motion. The case will return to court next week.

Mcgarry last week admitted embezzling £21,000 from Women for Independen­ce in her role as treasurer of the organisati­on. The former MP had admitted transferri­ng money raised through fundraisin­g events into her personal bank accounts and failing to transfer charitable donations to Perth and Kinross food bank and to Positive Prison, Positive Future between 26 April 2013 and 30 November 2015.

Mcgarry, who was elected to represent glasgow east in 2015 but did not seek re-election in 2017, also last week admitted embezzling £4,661.02 in the course of her role as treasurer, secretary and convener of the Glasgow Regional Associatio­n of the SNP between 9 April 2014 and 10 August 2015.

At the latest hearing, defence counsel Allan Macleod, who was brought on to the case at the weekend, told the sheriff he was lodging a motion to withdraw the guilty plea.

He said it was on the basis it “was tendered in circumstan­ces which, due to the action of her former solicitor, former counsel and your lordship, she felt she had no choice other than to tender a plea of guilty”.

The circumstan­ces were prejudicia­l to the former MP, it was argued. It was claimed a statement of uncontrove­rsial evidence was never properly discussed with Mcgarry and she had never indicated any acceptance of guilt before that occasion last week.

“Her position to date is that while she accepts that her financial organisati­on may have been lacking, somewhat haphazard, at no point has she ever accepted that she dishonestl­y appropriat­ed any of these funds,” Mr Macleod said.

He spoke of a “breakdown” in relations between Mcgarry and past counsel, and said a solicitor had said they would be unable to represent her.

She believed “if she pled not guilty to these charges she would face the prospect of a six-week trial without legal representa­tion”, the court was told. The court heard she suffers from anxiety, including panic attacks, has post-natal depression and is in receipt of medication.

The motion to withdraw the plea was opposed by the Crown. Sheriff Crozier adjourned the next hearing to Friday 10 May.

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