My Defence Fund has now reached over £75,000 from almost 5,000 donors. I am extremely grateful to each and every one. Work is now proceeding apace with the legal team. If charges are brought against any of the others who have been threatened by Police Scotland or the Crown Office over this case, including the journalist whose laptops and phones were seized by police, the funds will be made available to their defence also.
Original Post (from 24 April, with further update below).
I know of four pro-Independence folk who were last week phoned or visited by Police Scotland and threatened with contempt of court proceedings over social media postings they had made weeks back on the Alex Salmond case. Then on Monday, a Scottish journalist I know had his home raided by five policemen, who confiscated (and still have) all his computers and phones. They said they were from the “Alex Salmond team” and investigating his postings on the Alex Salmond case. He has not to date been charged, and his lawyer is advising him at present to say nothing, so I am not revealing his name.
Then on Tuesday morning, a large Police van full of police pulled up onto the pavement right outside my front gate, actually while I was talking on the phone to a senior political figure about the raid on my friend. The police just sat in the van staring at my house. I contacted my lawyers who contacted the Crown Office. The police van pulled away and my lawyers contacted me back to say that the Crown Office had told them I would be charged, or officially “cited”, with Contempt of Court, but they agreed there was no need for a search of my home or to remove my devices, or for vans full of police.
On Thursday two plain clothes police arrived and handed me the indictment. Shortly thereafter, an email arrived from The Times newspaper, saying that the Crown Office had “confirmed” that I had been charged with contempt of court. In the case of my friend whose house was raided, he was contacted by the Daily Record just before the raid even happened!
I am charged with contempt of court and the hearing is on 7 July at the High Court in Edinburgh. The contempt charge falls in two categories:
i) Material published before the trial liable to prejudice a jury
ii) Material published which could assist “jigsaw identification” of the failed accusers.
Plainly neither of these is the true motive of the Crown Office. If they believed that material I published was likely to have prejudiced the jury, then they had an obvious public duty to take action BEFORE the trial – and the indictment shows conclusively they were monitoring my material long before the trial. To leave this action until after the trial which they claim the material was prejudicing, would be a serious act of negligence on their part. It is quite extraordinary to prosecute for it now and not before the trial.
As for identifying the failed conspirators, I have done less than the mainstream media. But plainly the Crown Office, or whoever is pushing them to this persecution, had no genuine interest in protecting the identities, otherwise why did they tip off the media that I was being charged, and thus guarantee further publicity? If protecting the identities was their motive, to tip off the media would obviously be counterproductive.
But what proves that the Crown Office is acting from base motives and not those stated is the one-sided nature of this. Only supporters of Alex Salmond – the Alex Salmond found innocent by the jury – are being pursued by this continuing Police Scotland operation.
There are literally thousands who put out “Salmond is guilty” “Salmond is a rapist” “Salmond is a pervert” posts on social media before and during the trial. Not one has had the police knock on the door. The Herald published absolutely deliberately, the day before the trial, a montage of Alex Salmond amongst photos of mass murderers. They have not been charged. Every newspaper published “jigsaw identification” information which I withheld. They have not been charged or investigated, despite the evidence brilliantly compiled and presented to the Police.
No, this is a blatant, one-sided political persecution. That much is entirely plain. I have therefore decided, in the interests of open justice, to publish the entire indictment against me (with a single sentence redacted where I think the prosecution were excessively indiscreet). Neither the indictment nor the covering letter is marked confidential or not for publication. It is, so far as I know, a public document.
The Crown have very deliberately not included the names of any of the failed conspirators in the indictment and instead refer to the women by their court allocated letters. That is a plain indication to me that this is a public document drafted specifically with publication in mind. Otherwise the document would have more naturally used the names and not the alphabet letters.
More fundamentally this indictment is the basis on which they are attempting to put me in prison – in fact the indictment specifies up to two years in jail and an unlimited fine as the punishment sought from the court. I think the public interest, and my own interest, in it being public is very substantial.
The state believes it has finally discovered a way to put me in prison without the inconvenient hurdle of a jury of my peers. Contempt of Court is just decided by a judge. It is extraordinary that you can go to jail for a substantial two years with no jury protection and no test of “beyond reasonable doubt”; and on the whim of a judge defending what he may view as the dignity of his own office. This really is the epitome of bad law. To use it against freedom of speech is disgusting.
So here is the full indictment against me:
If the indictment contains anything they did not wish to be public, well, I didn’t force them to serve it on me. From my side, the proceedings against me will be entirely open. I will remind you that you may find all or part of the indictment initially convincing; but you are yet to see my point by point reply, which naturally I shall also publish in due course.
Pending the outcome of the trial, and on legal advice, I have redacted from the indictment those sentences complained of as aiding identification of a witness, and have redacted same sentences from original blog posts. My position is firmly that they absolutely do not they do not contribute to likely identification of witnesses, and the mainstream media did that to a far greater degree than I.]
The purpose of this operation against free speech is a desperate attempt to keep the lid on the nature of the state conspiracy to fit up Alex Salmond. Once the parliamentary inquiry starts, a huge amount of evidence of conspiracy which the court did not allow the defence to introduce in evidence during the criminal trial, will be released. The persecution of myself is an attempt to intimidate independent figures into not publishing anything about it. The lickspittle media of course do not have to be intimidated. To this end, I am charged specifically with saying that the Alex Salmond case was a fit-up and a conspiracy in which the Crown Office was implicated. So I thought I would say it again now:
The Alex Salmond case was a fit-up and a conspiracy in which the Crown Office was implicated, foiled by the jury. If Scotland is the kind of country where you go to jail for saying that, let me get my toothbrush.
Before then, I am afraid we have to fund my defence and I shall be very grateful for donations to my defence fund. My initial target is £60,000. I shall post daily updates on total reached, but I shall be using my established funding channels and not involving a crowdfunding website. I do not intend to fight this battle entirely on the defensive, and some of the funding may be put to launching actions against the Crown or others.
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