Former SNP MP Tasmina Ahmed-Sheikh has failed to convince a judge that she shouldn’t hand over an enhanced expenses payment to a legal watchdog.
Ms Ahmed-Sheikh launched proceedings at the Court of Session after the Scottish Solicitors Discipline Tribunal ordered her to pay expenses in a professional misconduct case.
The ex-politician was fined £3,000 alongside fellow lawyer Alan Mickel with whom she ran a law firm called Hamilton Burns.
The tribunal case centred on her handling of a trust fund. It found her guilty of professional misconduct and ordered her to pay expenses on an agent and client basis, which means a higher rate than normal expense claims.
It is awarded in circumstances in which a court believes there has been conduct capable of criticism and it wishes to shows its dissatisfaction.
Ms Ahmed-Sheikh did not follow the normal appeals procedure.
She instead instructed lawyers to launch a judicial review at the Court of Session.
Yesterday, in a written judgement, judge Lord Ericht ruled that Ms Ahmed-Sheikh’s appeal must fail because she didn’t follow the established procedure.
He wrote: “The petitioner has failed to exhaust her statutory remedy and this judicial review is incompetent. That is sufficient to dispose of this judicial review.”
Ms Ahmed-Sheikh was found guilty of professional misconduct after a two-day hearing before the tribunal in Perth in January. The SSDT said she and Mr Mickel showed “disregard for the rules”.
However, it also accepted the pair’s actions had been “genuine and erroneous” and it was agreed there was no suggestion of dishonesty or personal benefit.
The tribunal concluded that the pair had failed to keep proper accounts of a trust that was set up in May 2012 on behalf of Mr Mickel’s sister, which he believed to be a “private, family matter” but in legal terms was considered a client of the firm.
They also borrowed sums of money from the trust when it was not in the practice of lending money.
The tribunal concluded that this action amounted to a conflict of interest and risked undermining public confidence in the legal profession.
The case arose after an inspection at the law firm in October 2015.
Ms Ahmed-Sheikh was a partner at Hamilton Burns, which is no longer in business. She held the title of cash room manager before resigning in 2015 when she was elected MP for Ochil and South Perthshire.
She lost the seat in the 2017 election and now works on the Alex Salmond Show on Russian broadcaster RT.
The judgement says Ms Ahmed-Sheikh did not follow established procedures in appealing the expenses award.
