NHS Fifeinsists lawyers signed off explosive Peggie release
The statement has since been edited at least twice.
It has also been described as 'petulant' by the Scottish Information Commissioner, who warned of contempt of court proceedings in the Court of Session.
It looks set to be raised before Employment Judge Sandy Kemp at the start of Monday's session.
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Paragraph three of NHS Fife's original statement referenced the CEO of Sex Matters, Maya Forstater, who has already given evidence, and the group's chair, barrister Naomi Cunningham KC, who is leading Ms Peggie's case.
The next paragraph stated that while the case had attracted 'significant and very polarised debate' on social media, 'what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland'.
During Friday's hearing, Ms Peggie's barrister Charlotte Elves told the tribunal: 'Paragraph four of the statement seems to conclude that [Sex Matters' involvement] has resulted in more worrying behaviour that has involved Police Scotland.
"It is a matter of some concern that a party to proceedings seems to link a witness in these proceedings with the conduct of members of the public, including threats of physical violence.'
NHS Fife's senior counsel, Jane Russell KC, said she had only just seen the statement and asked for more time to consider it.
However, she rejected the suggestion that it contained anything defamatory or untrue.
'There is no way NHS Fife's statement could be seen to directly link the threats to those involved with Sex Matters,' she said.
Nevertheless, NHS Fife later tweaked the release, adding: 'To be clear, NHS Fife is not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above.'
It was edited again to remove mention of Ms Cunningham and Ms Forstater.
The Peggie tribunal resumed last week after a five-month adjournment. Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing the board and Dr Beth Upton, after she was suspended for raising objections to the trans woman doctor's use of a female changing room on Christmas Eve 2023.
On Sunday, the Courier quoted an NHS Fife manager who described the statement as 'extremely badly advised'.
'We have lost the confidence of local politicians.
'Anyone who signed that statement off should face scrutiny,' they added.
An NHS Fife spokesman told the paper its legal representatives had approved the 1,700-word intervention.
Ms Russell told The Herald she could "not comment on, or in connection with, cases in which I am instructed."
NHS Fife has been approached for comment.
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The paper also quoted a senior source saying NHS Fife chief executive Carol Potter faced an internal 'crisis' due to a lack of staff confidence in her.
'I find this hard to say, but yes, unfortunately the responsibility for this stops with the chief executive. Her position is not tenable,' they said.
Labour's Joani Reid said: 'The conduct of NHS Fife bosses is a disgrace. They've failed in every possible way: morally, professionally and as leaders. They should be sacked and never allowed near the NHS again.
'This goes way beyond Fife. It's a national scandal — a shameful reflection of how the Scottish Government allows [[pub]]lic services to be run: ideological, defensive and unaccountable. A system that protects power, not people.'
Meanwhile, the Mail on Sunday reported that the Auditor General could launch a probe into the health board.
Stephen Boyle told the paper: 'Without commenting on the specifics of the case... I understand across the piece why the public will want to be satisfied that public money is spent properly, consistent with the roles and responsibility of public bodies who are tasked with implementing government policy.'
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