Complaint against Lord Carloway.
From: Tom Muirhead of the Fair Trial Project (Registered Charity Number SCO48283).
To: The Judicial Office for Scotland
Date: 19.4.2021
Summary
(1) I am the Chief Executive Officer of the Fair Trial Project. We contend that no one in Scotland has ever had a fair trial. I am complaining about Lord Carloway’s part in this.The complaint is that Lord Carloway has failed, throughout his career, to disclose a) his lack of independence and impartiality brought about by the links between himself and the Scottish Government (and the advocates, solicitor advocates and solicitors that regularly appear in the courts he is judging in); and b) his numerous conflicts of interest brought about by directly working with the Scottish Government on heading up the Scottish Courts and Tribunals Service and reviewing criminal law and procedure.
(2) Disclosure is a necessary part of the common law and human rights law, and the failure to disclose is, amongst other things1, criminal and civil fraud. Lord Carloway has not only failed in his duty to disclose his own lack of independence and impartiality and conflicts of interest, but also those of other Scottish judges.
(3) The lack of disclosure and resulting lack of independence and impartiality means that no one in Scotland has ever received a fair trial as guaranteed by article 6 ECHR and the common law.
(4) One of the main issues concerns the Faculty of Advocates (The Faculty). The Faculty is a criminal organisation and Lord Carloway, as an advocate, took part in its criminal activity. The criminal activity was the failure to disclose the financial and other links between
1 In addition to civil and criminal fraud, it is contended that a failure to disclose is attempting to pervert the course of justice and contempt of court.