A sheriff who was the subject of sexual misconduct allegations four years ago will face a second tribunal hearing into his conduct.
Following questions by The Courier, the Scottish Government has lifted its lengthy veil of silence over the case, confirming a fresh fitness for office tribunal has been convened into the behaviour of Sheriff Jack Brown, a former Dundee lawyer, towards a female lawyer, known as X.
The case had been referred to the first minister and the lord president in February this year and Nicola Sturgeon has now ruled a second tribunal must be held.
Following the allegations in 2018, police took statements from the lawyer who lodged the complaint, as well as from two other women.
However, prosecutors decided not to pursue the matter through a criminal prosecution and a fitness for office tribunal decided that, while he had behaved “inappropriately”, it did not justify removal from office.
Mr Brown was allowed to remain in his job, although suspended on full pay.
The finding was challenged by X, who argued it was unfair the tribunal was not aware of additional allegations which could have had an impact on the key issues.
Following a judicial review, Court of Session judge Lord Woolman quashed the tribunal’s decision in February, adding the issue was now in the hands of the lord president and the first minister.
Lord Woolman said: “Were it competent for me to decide these matters, I would conclude that the case should be determined by a freshly constituted tribunal.”
Since then the status of Mr Brown’s case has been the subject of requests
for information to the authorities to no avail, and the woman who made the original complaint also remains in the dark.
Questions to government
Michael Marra, MSP for North East Scotland, last week placed written questions to Nicola Sturgeon asking for clarity over the case.
However, until last night – and following The Courier’s story on Monday – the Scottish Government remained tight-lipped.
The Courier asked: “When will the report go up before parliament?”
The Government replied: “Once the tribunal have made their decision, ministers will lay the tribunal’s report before the Scottish Parliament in line with duties set out in the Court Reform (Scotland) Act 2014.”
The Courier then asked: “Does this mean there could be another tribunal off the back of this?”
The Government’s response was: “Following the outcome of the judicial review, a new tribunal has been convened by the first minister.
“Until the tribunal’s report is laid before the Scottish Parliament, it would not be appropriate to comment on an ongoing judicial fitness for office tribunal.”
Mr Marra welcomed the announcement but said the delay should never be repeated.
He added: “This decision has sat on the first minister’s desk for many months now leaving all parties in limbo and risking public confidence in our courts.
“That is completely unacceptable.”