Latest news with #DavidHamilton
Daily Mail
28-05-2025
- Business
- Daily Mail
Health board blasted by information chiefs over refusal to disclose cost of trans row tribunal
A health board has been condemned by Scotland's information tsar for refusing to release details of costs associated with a high-profile employment tribunal over access to single-sex spaces. The Scottish Information Commissioner David Hamilton ruled that NHS Fife failed to comply with the law when it rejected requests for costs of the tribunal brought by nurse Sandie Peggie. He ordered it to carry out a further review of whether it can provide the information and issue a new response to the applicant by July 14. The tribunal related to NHS Fife accusing Ms Peggie of misconduct after she raised concerns about the presence of transgender doctor Beth Upton in a female changing room at the Victoria Hospital in Kirkcaldy. In its response to the requests for costs, NHS Fife stated that it had 'no indication of costs' when the information was requested in February. But Mr Hamilton's report said that NHS Fife had only approached the Central Legal Office (CLO), which provides legal advice to NHS Scotland, for the costs, and should have undertaken 'adequate and proportionate searches' itself to find out what information it had relevant to the request. The report said: 'The Authority does not appear to have undertaken any searches in response to the Applicants' requests. Instead, it chose to request this information from CLO. 'It may be the case that CLO held the most complete or up-to-date costs, but the Commissioner cannot, based on the submissions he has received, be satisfied that the Authority did not hold any information falling within the scope of the requests at the date it received them. 'Even allowing for whatever relevant arrangements it may have with the CLO, he cannot accept the Authority reaching a conclusion on what it holds, in the circumstances, wholly without recourse to its own records. 'The Commissioner is frustrated - a feeling no doubt shared by the Applicants - that the Authority's poor handling of these requests has placed him in a position where he is effectively limited to requiring it to carry out adequate, proportionate searches for the information requested, reach a decision on the basis of those searches, and notify the Applicants of the outcome. This unnecessary delay hampers the applicants with their information rights, and reflects poorly on the Authority.' In its decision note, the report said the Commissioner 'finds that the Authority failed to comply with part one of the Freedom of Information (Scotland) Act 2002' as it 'failed to satisfy the Commissioner that it does not hold any information relevant to the Applicants' requests'. It went on: 'The Commissioner therefore requires the Authority to carry out adequate, proportionate searches for the information, reach a decision on the basis of those searches and notify the Applicants (separately) of the outcome (all in terms of section 21 of FOISA), by Monday 14 July 2025.' If NHS Fife fails to comply with the decision, the issue could be referred to the Court of Session. Scottish Conservative equalities spokesman Tess White said: 'This is proof that a cynical culture of secrecy has taken hold at NHS Fife. 'Senior staff at the health board are clearly trying to hide the true costs incurred in defending the SNP's unlawful gender policy. This is taxpayers' money that could have gone to the NHS frontline. 'NHS Fife are taking the lead from an SNP government that's allergic to transparency. They know they are on the wrong side of this argument. 'The information commissioner has said he's frustrated by the health board's handling of the requests - and so are the public. The onus is on John Swinney to instruct public bodies to be transparent and provide single-sex spaces for women in line with the law.' A spokesman for NHS Fife said: 'NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice.'
The Herald Scotland
28-05-2025
- Health
- The Herald Scotland
NHS Fife rebuked by watchdog over Sandie Peggie FOI failures
In a scathing decision, David Hamilton said he was 'frustrated' by the board's handling of the requests, accusing NHS Fife of causing unnecessary delays. The case centres on requests submitted by three applicants — including The Herald — seeking details of costs incurred by NHS Fife in the case taken by Ms Peggie, a nurse at Victoria Hospital in Kirkcaldy. READ MORE NHS Fife refused to release the information and rejected an initial appeal, prompting an application to the Commissioner. In his investigation, Mr Hamilton found that the board did not appear to have undertaken any searches in response to the request for information. Instead, the board had sought figures from its legal advisers at the Central Legal Office (CLO). However, they only obtained those figures were after The Herald and others had made requests for a review. The Commissioner said he "cannot... be satisfied that the Authority did not hold any information falling within the scope of the requests at the date it received them. "Even allowing for whatever relevant arrangements it may have with the CLO, he cannot accept the Authority reaching a conclusion on what it holds, in the circumstances, wholly without recourse to its own records." "The Commissioner is frustrated – a feeling no doubt shared by the Applicants – that the Authority's poor handling of these requests has placed him in a position where he is effectively limited to requiring it to carry out adequate, proportionate searches for the information requested, reach a decision on the basis of those searches, and notify the Applicants of the outcome (all in terms of section 21 of FOISA). "This unnecessary delay hampers the applicants with their information rights, and reflects poorly on the Authority." He also rejected NHS Fife's arguments for withholding the later-obtained data. The board had claimed that releasing costs could prejudice commercial interests, but Mr Hamilton said this was "speculative" and the board had lacked "detail of the kind that would be required to substantiate the exemption." He also noted that legal fees paid by a public body, not by the staff involved and were not inherently private. "The costs are the Authority's, not theirs. The costs do not appear to say anything of significance about either individual, nor would the disclosure of the costs add in any meaningful sense to what is." NHS Fife refused to release details of costs to The Herald (Image: Damian Shields) Mr Hamilton said the board had also failed to prove any "credible link" that releasing the information would create a "risk of harm to the health and safety of any individual." In his decision, the Commissioner ordered NHS Fife "to carry out adequate, proportionate searches for the information, reach a decision on the basis of those searches and notify the Applicants (separately) of the outcome (all in terms of section 21 of FOISA), by Monday 14 July 2025. " Failure to comply, he warned, could see the matter referred to the Court of Session. Ms Peggie, an A&E nurse at Victoria Hospital, is suing her employer after being suspended following a confrontation with Dr Upton. On Christmas Eve 2023, she experienced a sudden heavy period and was concerned she had bled through her scrubs. When she entered the changing room and saw Dr Beth Upton, a trans woman, she said in her view, the medic was a man and should not be in the room. Dr Upton made a formal complaint shortly afterwards. Ms Peggie was placed on 'special leave' in late December 2023 and suspended in January 2024, pending an investigation into 'alleged unwanted behaviours towards another member of NHS Fife staff'. Her suspension was lifted in April, but the disciplinary process remains ongoing. Ms Peggie's suspension was lifted in April of that year, but she was still subject to the disciplinary process. She then lodged legal proceedings in the employment tribunal against NHS Fife and Dr Upton, 'alleging multiple breaches of the Equality Act 2010". The tribunal was initially scheduled to conclude in February after ten days but has been adjourned until 16 July. It is expected to sit for a further 11 days, in part due to NHS Fife's failure to disclose documentation as ordered by the tribunal judge. There are also questions around whether the board complied with legal obligations by allowing Dr Upton — who does not hold a gender recognition certificate — to use a single-sex facility. Under the Equality Act 2010, public bodies are required to assess and review proposed new or revised policies or practices. The Herald has previously reported that NHS Fife did not carry out an impact assessment when allowing Dr Upton to use the female changing room. NHS Fife has also come under pressure to concede the case following the Supreme Court ruling that the terms 'man' and 'woman' in the Equality Act refer to biological sex, not acquired gender. READ MORE NHS Central Legal Office refuse to disclose Sandie Peggie costs Why won't NHS Fife reveal the costs of Sandie Peggie case? Sandie Peggie demands nursing union intervenes in NHS Fife single-sex spaces row Maya Forstater, CEO of human rights charity Sex Matters said: "The Scottish Information Commissioner has delivered a stinging rebuke to NHS Fife for its failure to disclose the costs associated with its defence in Sandie Peggie's tribunal. "This is the latest episode of a disgraceful saga, in which NHS Fife first attempted to grant Dr Upton anonymity and then tried to restrict public access to the tribunal. Now it has tried and failed to hide the costs of this whole shameful process, as it continues to try to escape public scrutiny." Scottish Conservative equalities spokesperson Tess White said: 'This is proof that a cynical culture of secrecy has taken hold at NHS Fife. 'Senior staff at the health board are clearly trying to hide the true costs incurred in defending the SNP's unlawful gender policy. This is taxpayers' money that could have gone to the NHS frontline. 'NHS Fife are taking the lead from an SNP government that's allergic to transparency. They know they are on the wrong side of this argument. 'The information commissioner has said he's frustrated by the health board's handling of the requests – and so are the public. The onus is on John Swinney to instruct public bodies to be transparent and provide single-sex spaces for women in line with the law.' NHS Fife has been approached for comment. More to follow...
The Courier
28-05-2025
- Health
- The Courier
NHS Fife slammed by watchdog for 'poor handling' of trans row tribunal cost questions
NHS Fife failed to comply with Freedom of Information laws over its handling of questions about how much the trans row employment tribunal has cost. Scottish Information Commissioner David Hamilton criticised the health board for failing to do any proper checks to find the information requested by several publishers, including The Courier. He told NHS Fife he was 'frustrated' by its 'poor handling' of the requests and said this had led to an 'unnecessary delay'. We previously reported the health board was keeping the cost of the highly controversial tribunal secret. The employment tribunal was brought by Kirkcaldy nurse Sandie Peggie, suspended after a changing room row with trans doctor Beth Upton. The Courier later revealed NHS Fife was not paying the full cost in its defence against claims of discrimination by Ms Peggie. Instead, it is only covering 'part' of the legal fees, with the rest being covered by a national risk scheme designed to protect health boards from losses. Mr Hamilton, responsible for enforcing FOI legislation in Scotland, ruled it was 'unhelpful' of NHS Fife not to make this clear when initial Freedom of Information (FOI) requests asking for the cost were made. The health board admits it was an 'oversight' not to have provided this information. NHS Fife later obtained more details about the cost of the tribunal from National Services Scotland's central legal office. But Mr Hamilton did not rule on the disclosure of the total cost because it was provided to the health board by the central legal office after the initial FOI requests. He wrote: 'The fact that the authority provided the information it obtained as the withheld information in this case does not mean that the authority did not hold information relevant to the applicants' requests when they were received. 'The authority should have undertaken adequate and proportionate searches to ascertain what information it held relevant to the requests when they were received. 'However, the authority does not appear to have undertaken any searches in response to the applicants' requests.' He added: 'The commissioner is frustrated that the authority's poor handling of these requests has placed him in a position where he is effectively limited to requiring it to carry out adequate, proportionate searches for the information requested. 'This unnecessary delay hampers the applicants with their information rights, and reflects poorly on the authority.' NHS Fife initially claimed it could not provide the full cost of the tribunal because this would disclose personal information. The information commissioner disagreed. 'The Commissioner cannot accept that the specific information requested can be the personal data of either of the individuals party to the tribunal,' he wrote. 'The costs are the authority's, not theirs.' The ruling will be seen as a win for gender critical campaigners who slammed NHS Fife for its secrecy over the cost of the tribunal. Maya Forstater, CEO of charity Sex Matters, said the health board was trying to 'escape public scrutiny'. 'This is the latest episode of a disgraceful saga,' she told The Courier. NHS Fife was contacted for comment.
Time of India
22-05-2025
- Time of India
Dingucha-native store clerk shot dead in Tennessee robbery
1 2 Ahmedabad: Dingucha village in Gandhinagar which lost a family of four while illegally crossing over to the US in 2022 has again plunged into despair after another native was killed in an armed robbery. Paresh Patel , 30, working as a clerk in a convenience store, was shot multiple times at point-blank range in an armed robbery at the Marathon gas station in Tennessee on Tuesday. Within hours of the incident, the local Lewisburg police department arrested a suspect in the case. According to local police, the suspect entered the store posing as a customer, asked for an item, and then suddenly pulled out a firearm and demanded cash. CCTV footage shows Patel complying with the demand, handing over cash from the register with his hands raised. Despite cooperating, the assailant opened fire, shooting Patel multiple times. The footage reportedly shows the attacker firing another shot at Patel even after he had slumped on the floor behind the counter. The suspect fled the scene with cash, briefly returned to check if Patel was still alive, and fired another round before leaving again. Immediately after the shooting, the Lewisburg police department announced a $10,000 reward for any information on the shooter. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo Within hours, cops arrested a suspect named David Hamilton in connection with the shooting. Patel, also known as Prince Patel, had been living in the US for the past 10 years with his wife and five-year-old daughter. A crowdfunding appeal states that Patel was the sole breadwinner for his family in the US and for relatives living in Gujarat. Community members described him as a friendly person who was well-known in the area. This is the fourth fatal shooting of a Gujarati person in robbery attempts in the US this year. Similar incidents occurred in Virginia earlier in 2025, where three people, including a father-daughter duo, were killed. Another Gujarati man from Vadodara was shot dead while trying to stop a thief at his gas station in Danville. Patel belonged to Dingucha, which in Jan 2022 was shaken by the news of four family members from the village freezing to death while attempting to illegally cross the Canada–US border near Emerson, Manitoba. The victims were Jagdish Patel (39), his wife Vaishali (37), daughter Vihangi (11), and son Dharmik (3). They were part of a group smuggled across the border and were found dead just 12m from the US side. Two men, including Indian national Harshkumar Patel alias 'Dirty Harry' and US resident Steve Shand, were convicted in Nov 2024 for their role in the smuggling operation. GUJARATIS ROBBED OF THEIR LIVES IN 2025 MAY 22: Paresh (Prince) Patel is shot dead during a robbery at a gas station in Lewisburg, Tennessee. The victim was from Dingucha, Gandhinagar. Suspect David Hamilton arrested. MARCH 20: The father-daughter duo of Pradipkumar and Urvi Patel are fatally shot at their store in Accomack County, Virginia. They were originally from Kanoda, Mehsana. Suspect George Wharton arrested. APRIL 17: Pinakin Patel is shot dead while trying to stop a robbery at his store in Danville, Virginia. Suspect Jaelynn Lowen charged with second-degree murder.
Sunday World
10-05-2025
- Sunday World
DPP to appeal leniency of sentence handed down to rape beast David Hamilton
Vile Hamilton was jailed last March after he pleaded guilty to sexual assault of his cousin Sophie Brady and guilty to the rape, oral rape and sexual assault of her sister in Co Meath on dates between 2004 and 2008 Sophie Brady chats to Pat O'Connell about her rape ordeal at the hands of her evil cousins THE DPP is to appeal the leniency of the 6-and-a-half year sentence handed down to the rape beast David Hamilton following a high profile campaign by courageous victim Sophie Brady. Vile Hamilton was jailed last March after he pleaded guilty to sexual assault of his cousin Sophie and guilty to the rape, oral rape and sexual assault of her sister in Co Meath on dates between 2004 and 2008. David's brother Jonathan pleaded guilty to one count of rape and sexual assault of Sophie's older sister on one occasion on a date in 2005. He was sentenced to three years with the final six months suspended. In the wake of the verdicts Sophie spoke with the Sunday World and blasted the sentences saying 'This is not justice.' And, speaking this week, Sophie confirmed that the gardai had contacted her to confirm that the DPP is appealing the sentence handed down in David Hamilton's case. 'It still feels like a long way to go for real justice,' she said, 'but I'm still hopeful for a more positive outcome the second time around.' David and Jonathan Hamilton At the Hamilton brothers' sentencing in March, an investigating garda told Carl Hanahoe SC, that prior to the offending starting when David Hamilton was aged 12 years and his first victim was aged 10, there had been a background of inappropriate behaviour by him towards the child while playing. The garda said the woman recalled a rape occurring around this time after he had called her into a bedroom. She said she was raped on a frequent basis by David Hamilton from them on. She said on one occasion Jonathan Hamilton was present and after David Hamilton raped her, he told his brother: 'Now you need to have a go.' She said she was also forced to perform oral sex on David Hamilton and raped while on holiday. Younger sister Sophie was sexually abused by David Hamilton beginning when she was seven years old and he was 14. This offending occurred between 2005 and 2008. The court heard Jonathan Hamilton was only charged in relation to one incident with one child. He was 14 years old at the time of his offence. Sophie came forward to make a complaint in 2021 and the offending against her elder sister emerged in the course of that statement. Speaking this week, Sophie said she wanted again to appeal to people to sign a petition, set up by her and her sister, calling for tougher sentencing of sex offenders. 'I would continue to encourage people to come forward in order for change to occur,' she said. News in 90 seconds - 10th May 2025 Writing on where the petition is being hosted, Sophie's older sister wrote: 'As survivors of sexual violence, my sister and I demand reform in the Irish legal system. 'Our abusers received sentences of 2.5 and 6.5 years, respectively. 'These sentences fall drastically short of reflecting the severity, the harm caused, and the extended periods during which the crimes occurred. 'Sexual violence is a devastating crime that takes a toll on the victim for the rest of their life, necessitating a robust response from our judicial system. 'We urge the authorities to impose harsher sentences for sexual offenders. 'This isn't just about us. Sexual violence is a pervasive problem not only in Ireland but worldwide. 'According to the Rape Crisis Network Ireland, around 12% of girls and 5% of boys have experienced sexual violence. 'With such troubling statistics, it is evident that the current punitive measures in place are not sufficient deterrence. 'Moreover, we demand that Ireland's judges must have more autonomy in sentencing, especially in the case of offenders just months under 18. 'The legal system currently grants these offenders the leniency of being treated as 'children'. 'While it is important to consider the age and maturity of offenders in a balanced justice system, the gravity of their crimes should not be overlooked, diluting the punishment they rightly deserve. 'We appeal to the Irish government to reconsider its stance on sexual abuse cases. 'Let our justice system reflect the deep-seated pain victims feel, let it act as a deterrent, and let it be a beacon of hope for those who have suffered. 'The time for change is now. Please sign this petition to support harsher penalties for sexual violence and abuse.' Anyone wishing to sign the petition can do so at:
