A Petition to the General Assembly

The following petition, signed by a number of ministers and elders, will be presented to the 1999 General Assembly

Whereas it has been reported in the public press that: “In 1994, as Dean of the Faculty of Advocates, he [the present Lord Advocate, Andrew Hardie] lashed back at the late Lord Morton after the judge criticised a seven-day delay by an advocate in completing a damages claim. It was a breach of natural justice for a judge to abuse his position on the bench by criticising people without giving them a chance to put their side of the case, said the then Andrew Hardie” (The Scotsman 13.3.99).
Whereas at the trial of Professor Donald Macleod in Edinburgh Sheriff Court in 1996, Sheriff John Horsburgh publicly condemned a number of Free Church Ministers and elders as liars and conspirators.
Whereas Sheriff Horsburgh’s condemnatory words have been widely and repeatedly reported in the media to the severe detriment of the men concerned.
Whereas none of those so condemned was charged with any offence or called as a witness and so had no chance to put their side of the case.
Whereas this was a breach of natural justice, contrary to Scripture, and an abuse of Sheriff Horsburgh’s position on the bench.
Whereas numerous private letters of complaint to Court Administrators and MP's have failed to gain redress.
Whereas Sheriff Horsburgh's comments have greatly damaged the Free Church of Scotland and the reputation of Scottish justice.
Whereas Sheriff Horsburgh's comments have set a dangerous and damaging precedent in Scottish justice.
Whereas the current practice in appointing and promoting Sheriffs and Judges is for the Lord Advocate to consult the Lord President of the Court of Session and the Dean of the Faculty of Advocates before nominating someone.
Whereas it cannot be safe for the Dean of the Faculty of Advocates to be pleading cases before Sheriffs whose promotion prospects he has considerable influence over.
Whereas the Labour Party made a pre-election promise to set up an independent commission to appoint Scotland's judges.
Wherefore we, the undersigned ministers and elders of the Free Church of Scotland petition the General Assembly to:

Acknowledge that in the case of PF v Professor Donald Macleod, Sheriff John Horsburgh abused his position on the bench and breached the principles of natural justice by condemning in their absence men who had no chance to put their side of the case, whom he had never seen and whom he could not even be sure existed.
Write to Sheriff John Horsburgh and his superiors respectfully requesting; (a) an acknowledgment that, in the case of PF v Professor Donald Macleod, it was a breach of natural justice for Sheriff John Horsburgh to abuse his position on the bench by criticising people without giving them a chance to put their side of the case; (b) an apology for the same; and (c) assurances from them that steps will be taken to prevent this happening again.
Write to the Secretary of State for Scotland and the First Minister of the Scottish Parliament to outline the above concerns and to request the urgent fulfilment of the Labour Party's pre-election promise to set up an independent commission to appoint Scotland's judges.

Any comments or questions please E-Mail me or Rev William Macleod the editor.

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