Former Dundee University rector Craig Murray has been given permission to appeal a legal finding that he breached a court order which protected the identities of women allegedly sexually assaulted by Alex Salmond.
Craig Murray spent four months in prison, having been given an eight-month sentence for contempt of court after he was found to have acted in a way judge Lady Dorrian described as striking at “the heart of the administration of justice”.
He published information on his blog about four women who gave evidence against the former first minister.
The court concluded the details published online could have led readers to identify the women who were allegedly assaulted by Mr Salmond, who was later cleared of all charges.
The judge had earlier imposed a court order which prohibited journalists from publishing such information.
Lawyers acting for Murray believe the finding breached Articles Ten and Six of the European Convention on Human Rights – the right to freedom of expression and a fair trial.
On Thursday, at a virtual hearing, Scotland’s most senior judge Lord Carloway said it was “competent” for the appeal against the finding of contempt to be heard.
Lady Dorrian’s judgement
Last year, Lady Dorrian, Scotland’s second most senior judge, told the 63-year-old former diplomat his actions were so grave that it could only be dealt with a prison sentence.
She said: “The European Court on Human Rights noted that criminal proceedings concerning sexual offences are often conceived of as an ordeal by the victim.
“The historical reluctance of complainers in coming forward with their complaints as a result of a concern about how they will be treated is at the heart which anonymity is given.
“Anonymity provides complainers with the security they ought to have of the certainty that their identity will be protected.
“Actions such as those of the respondent which are likely to erode that security, taken in the face of a clear order of the court designed to enhance the protection thereof and designed to prevent the prohibited information from becoming known to the public – even in a coded way – require to be treated as contempt of considerable gravity.
“These actions create a real risk of complainers may be reluctant to come forward in future cases – particularly in those cases where the case may be high profile or one likely to attract significant publicity.
“The actions strike at the heart of the fair administration of justice.”
Murray committed to ‘open justice’
Murray is an ex-UK ambassador to Uzbekistan.
He now publishes a blog about political matters and often criticises the mainstream media and established politicians.
His previous lawyer John Scott QC told the judges earlier this year Murray has a passionate interest in “open justice” and “whistle blowing”.
Mr Scott said his client also saw the Alex Salmond trial as part of “a bigger picture.”
At proceedings, which resulted in Mr Salmond being acquitted of all charges, Lady Dorrian passed orders which prevented journalists from naming the women who gave evidence against the politician.
Reporters were also ordered not to disclose any details about the women which would allow readers to realise their identities.
However, prosecutors claimed Mr Murray breached the orders and published information on his blog which allowed readers to gain enough knowledge that they could go on to identify the women.
Last year, Clive Thomson was jailed for six months for publishing the names of women who gave evidence at the trial on his Twitter account.
The appeal court will hear Murray’s case on February 23.
