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Daily Record
a day ago
- Daily Record
Abuse campaigners fear rapists and criminals could be evading justice over legal loophole
SUNDAY MAIL EXCLUSIVE: Examination of facts hearings have been steadily rising in Scotland. Abuse campaigners fear rapists and criminals are evading justice as official figures show controversial hearings with no punishment have nearly tripled in four years. Crown Office data shows the use of 'examination of facts' hearings have risen exponentially since 2021. In 2021/22 there were 37 hearings, rising to 90 by 2024/25. There are 30 scheduled for this year so far. The specialist hearings take place when an accused person is considered medically unfit to stand trial and instead a sheriff rules on the probability of a crime having taken place. But if wrongdoing is found, the perpetrator faces no jail time or conviction. A top lawyer working with abuse survivors said victims feel traumatised from these types of cases while abusers often don't even attend hearings. Kim Leslie, partner at law firm Irwin Mitchell said: 'Examination of facts hearings can be a double-edged sword as on the one hand they give victims the chance to be heard but on the other it effectively means abusers are dodging punishments due to there being no conviction – in some cases they are not even added to the sex offenders register.' Last week, former teacher John Young was found to have sexually and physically abused pupils for 27 years while a PE teacher at Edinburgh Academy through an examination of facts hearing. Young, now 91, taught between 1966 and 1993, with a sheriff finding beyond reasonable doubt he had carried out 26 of the 54 charges brought against him. They included making pupils take off their underwear when wearing gym shorts and ordering them to show him they were naked. He also hit pupils with a cricket bat and other objects and forced a boy to participate in sports when injured. Doctors said Young was not fit to stand trial and a sheriff decided that putting him on the sex offenders ' register list would serve no practical purpose. Leslie said: 'This rise is deeply concerning due to implications it has for survivors and the public's trust. 'It could suggest more survivors are reporting their experiences to police, however it could also suggest 'unfit to stand trial' defences are too easily placed before the courts, which are already affected by backlogs. 'One aspect that frustrates many survivors is also the lack of transparency – they are told their attacker is unfit to be tried yet there is often little explanation. "Examination of facts have their place in a fair legal system but with an alarming rise over such a short space of time it might be useful to review the process to ensure the chances to secure rightful justice with full convictions and punishments are not lost.' Scottish Tory shadow justice secretary Liam Kerr MSP said: 'While this procedure serves a legitimate purpose, it's vital that it should only be used in the necessary circumstances. Victims will rightly expect that offenders should face justice in court and are suitably punished for their crimes, not let off with no consequences. 'It's crucial that SNP ministers finally prioritise restoring our court system and ensuring that victims receive the justice they deserve.' A Crown Office spokeswoman said: 'It is for the court to consider medical assessment in deciding that an accused is not fit to stand trial, and to then order an Examination of Facts. 'As in a trial, the prosecution leads evidence of offences alleged. At the conclusion, the judiciary makes factual findings based on the evidence presented. Findings of criminal acts become a matter of public record. 'A priority shared by criminal justice sector partners, when adapting to such challenges as an accused being unfit to stand trial, is to deliver available access to justice processes which recognise criminality, and hears directly from those impacted by crime.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.
Daily Record
a day ago
- Politics
- Daily Record
John Swinney joins Gazan student and MP in plea to Keir Starmer over visa fiasco
SUNDAY MAIL EXCLUSIVE: The PhD candidate is among dozens fo students with places to study in the UK but are being blocked by UK visa red tape A Palestinian woman who fears for her life in Gaza has pleaded with Keir Starmer to help her take up a place at Edinburgh University. John Swinney has backed the 32-year-old's calls for the Prime Minister to open an emergency visa route and said he is 'appalled' students are being prevented from reaching safety in Scotland. Shaymaa, who is using only her first name due to safety concerns, is one of 10 Palestinians who have fully-funded courses in Scotland, out of 78 in total across the UK. But they're stranded in Gaza and unable to leave due to visa processing problems, fearing for their lives every day and struggling to find basic shelter and food. Lib Dem MP Christine Jardine and Edinburgh university have been lobbying the UK Government for months over the issue but fear time is running out as courses are due to start in a fortnight. Shaymaa is still hoping to begin her English Literature PhD at Edinburgh University on September 1. Speaking to the Sunday Mail from Gaza, the student and former lecturer issued a direct appeal to Starmer and said: ' Education is the path to the future. It is one of the few remaining pathways to survival and dignity for Palestinians right now. 'The UK has an opportunity to offer practical, life-saving solutions to students like me. 'I urge him to implement an emergency route for students and researchers from Gaza, including biometric deferral and safe passage, so we are not excluded from opportunities we have rightfully earned.' The UK government said students have to go through biometric processing – where their fingerprints and photos are recorded – to be considered for a visa. Normally, they would select their nearest processing centre but the facility in Gaza is closed and all routes out of the region are blocked due to the Israeli bombardment, leaving them with no way to complete the checks. Swinney said: 'I am appalled at the situation Shaymaa and other students from Gaza are facing. We must see urgent action from the UK Gov-ernment to support them in taking up their university places in Scotland. 'The people of Gaza are already suffering unimaginably at the hands of the Israeli government – the idea that these students could also be denied the chance to take up the university places in Scotland they have worked so hard to attain is not acceptable to me.' The First Minister said education secretary Jenny Gilruth has contacted the UK Government calling for urgency over the issue, adding: 'I am aware other countries including France, Ireland and Italy have managed to successfully evacuate students, so the UK Government cannot simply duck its responsibilities here. Where there is a political will, a resolution can be found – and failure to act is literally putting these people's lives at risk. 'I am clear that the international community must put a stop to Israel's killing in Gaza and that we must see the immediate recognition of a sovereign, independent Palestine. But until that point, the UK Government must do everything it can to ensure ordinary Gazans are not punished further. 'Scotland looks forward to welcoming Shaymaa and the other students from Gaza seeking to take their places at our universities – the UK Government must do the right thing and do everything in its power to allow them to get here.' Earlier this month, around 80 MPs signed an open letter to Starmer urging him to take action to help the 78 students, including Shaymaa, get to the UK for their studies. A number of Scottish MPs joined the calls including Brian Leishman, Pete Wishart and Wendy Chamberlain. Shaymaa said the chance to study in Edinburgh wouldn't just further her education but would save her life. She said: 'Coming to Scotland wouldn't just allow me to continue my academic journey– which has been severely disrupted – but would also give me the chance to live and study in physical safety. "It's not just about personal safety either. It would be a chance to reclaim a sense of direction, to write and think and teach without fearing for my life every second. It would allow me to begin healing and to carry the stories of Gaza into spaces where they urgently need to be heard.' Shaymaa was offered a fully-funded PhD at Edinburgh University in English Literature and said the opportunity would help 'build stronger academic bridges between Scotland, the UK, and Palestine' as well as advance her own education. She said: 'Studying in Scotland would give me the space, tools, and mentorship to develop that work further and to contribute meaningfully to the field of literature and build a lasting academic career. 'This isn't just a degree to me. It's a way to keep going, to hold on to my intellectual life and to honour everything that has been taken from us.' Originally from Abasan al-Kabira, east of the city of Khan Younis in the south of Gaza, Shaymaa and her family were forced to flee when the bombings started and have been displaced multiple times in the last 18 months. Shaymaa is now living in a tent on a beach in al-Mawasi, Khan Younis, with 11 others including her two sisters and their children. She said: 'The last we heard our house was severely damaged but we haven't been back. 'Now my face and hands are sunburnt and sweaty all the time. Daily life in Gaza is almost impossible to describe. There's little access to basic resources like clean water and food. 'Most days are spent trying to secure food, charge devices at solar points when possible, and stay safe amid ongoing bombings.' Edinburgh West MP Jardine said: 'When I was contacted by the University, I wrote to the Foreign Office to ask what they are doing to help students who have been offered places but, because they live in Gaza, are finding it impossible to complete the required UK immigration process to come here. 'Due process needs to happen but we should be doing everything in our power to make sure it's possible to get people out of a warzone.' A UK Government spokeswoman said: 'We are aware of these students and are actively considering how we can best support.' Join the Daily Record WhatsApp community!
Daily Record
a day ago
- Politics
- Daily Record
Brexit spin doctor 'among MSPs who made Gnasher jibe' about Nicola Sturgeon
SUNDAY MAIL EXCLUSIVE: Monteith is claimed to have made comments about the former First Minister's teeth after rumours of her nickname circulated in Holyrood. Former Tory MSP and Brexit spin doctor Brian Monteith was among the MSPs making jibes about the Nicola Sturgeon 'Gnasher' rumour it is claimed. Sources told the Sunday Mail Monteith was 'the most prominent' of those remarking on the nickname in the Holyrood corridors during Sturgeon 's first term. The former First Minister revealed in her memoir that she ended up crying in the toilet after learning of a derogatory rumour about her injuring a former boyfriend. The gossip led to her being referred to as 'Gnasher' by some in parliament and the media, with Sturgeon revealing an MSP repeatedly made reference to the nickname, her teeth and dentists when she was around. A former journalist who covered parliament at the time and was based at Holyrood said: 'Monteith was the most prominent MSP I remember who was saying things about this rumour and seemed to enjoy making remarks about Sturgeon's teeth and mouth. 'Most people would accept he was quite aggressive as a politician and I can see why Sturgeon could have felt intimidated or bullied by him. 'At the time I think many people just took the comments as the nature of politics even if it was a particularly disgusting rumour, but looking back on it it was sexist and wrong.' Several former MSPs said they also recalled Monteith mentioning the rumour in parliament or commenting on Sturgeon's teeth. Monteith was the MSP for Mid Scotland and Fife between 1999 and 2007. In 2005 he was ousted from the Tories after plotting the downfall of then-leader David McLetchie, who he referred to as "The Letch". He later went to work as a spin doctor for Nigel Farage's campaign and became a Member of the European Parliament for the Brexit Party in 2019. In her book Sturgeon wrote of an unnamed MSP: 'I was subjected to some nasty bullying by a male MSP of another party. 'At some stage over this first term in Parliament he started calling me 'Gnasher' both to other people and occasionally to my face. Whether he was the instigator of the story or just enjoyed referencing it to make me feel uncomfortable I don't know. 'His behaviour got steadily worse. He would often make 'jokes' about teeth or dentists when I was within earshot. He seemed to revel in my discomfort and I became quite scared of him.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. Sturgeon said she chose not to identify the MSP who bullied her, concerned about the 'backlash he might whip up against me'. A trawl of Holyrood's official report from the first term of the Scottish Parliament shows Monteith was the only MSP who commented publicly on Sturgeon's teeth. During an education debate on September 30, 1999, in which there had been no mention of teeth previously, Monteith said: 'Nicola Sturgeon may have perfect teeth, but she does not give me the ring of confidence when it comes to education policy.' MSP Fiona Hyslop immediately interjected and asked if he would say the same thing 'about a male member of this chamber' Monteith replied: 'Yes—if the SNP passes the brief to a male member, I would be happy to make that statement in the future. I say that as someone who does not have perfect teeth.' Lib Dem MSP Jamie Stone said that the session was turning into a 'dental debate'. Stone said he remembered Monteith's comments at the time and that they caused 'quite an uproar, particularly with female MSPs in the chamber.' Sturgeon ally and former SNP Westminster leader Ian Blackford said: 'This was appalling behaviour by Monteith. It is not acceptable, offensive and bullying. 'We rightly call out all forms of abuse and it is the case that attacks on women in public life seem to be more prevalent than those on men. He should have been called to account. 'There is no place for such behaviour in our public life. We ought to think of those who can be traumatised by such unacceptable behaviour.' A spokeswoman for Sturgeon said she would be making no further comment other than what is in her book.
Daily Record
30-07-2025
- Politics
- Daily Record
Yousaf and wife appeal to Starmer 'as a father' to stop Gaza tragedy
SUNDAY MAIL EXCLUSIVE: The former First Minister and his wife Nadia El-Nakla said the situation has become a "live-streamed genocide". Former first minister Humza Yousaf and his wife Nadia El-Nakla have appealed to Keir Starmer 'as a father' to take action to end a 'live-streamed genocide'. In a joint statement to the Sunday Mail, the couple – who have close relatives in Gaza – implored the Prime Minister to immediately end all arms sales to Israel as well as imposing economic and trade sanctions. They said: 'We appeal to Keir Starmer, not merely as Prime Minister, but as a father. Imagine it was your children starving and you couldn't even find grass to feed them. 'Your legacy will be defined by how you respond to this genocide. We implore you, be on the right side of history, do everything in your power to ensure the children of Gaza have the chance to live. 'What red line has Israel not crossed? 'Children have been massacred, healthcare workers executed and buried in mass graves, journalists targeted and killed, hospitals, UN facilities, refugee camps, schools – destroyed by Israeli airstrikes. 'And now the mass, deliberate starvation of almost two million people in the world's first live-streamed genocide. 'We don't need statements of condemnation from prime ministers and presidents. Words will not feed the children of Gaza. 'What we need from every world leader is pressure exerted on Israel so they change course. 'That is what the international community did to the apartheid regime in South Africa and that is what is needed in order to deal with Netanyahu's genocidal government. 'As well as ending arms sales, the UK must impose economic and trade sanctions on Israel and recognise the state of Palestine, as France says it will do. 'Only if Israel feels the pressure of being isolated from the international community, will they consider opening the borders and allowing aid to flow into Gaza. 'You don't have to be an expert in the geopolitics of the Middle East to say that the deliberate starvation of children, women and men simply cannot be justified. 'The images emanating from Gaza should haunt us all. 'More than that, they should precipitate urgent action from our world leaders, who are, at best, impotently inactive, at worst they are complicit in the suffering we are witnessing. 'The Prime Minister has this week described the scenes from Gaza as 'indefensible'. Yet, astonishingly, the UK continues to sell weapons to Israel, a regime headed by a man wanted by the International Criminal Court for war crimes, including using starvation as a weapon of war.'
Daily Record
13-07-2025
- Daily Record
Whistleblowers make bullying claims at Scottish government-funded arts bodies
SUNDAY MAIL EXCLUSIVE: Workers told how they were made to sign gagging orders and not discuss their problems or risk losing contracts. Whistleblowers have lifted the lid on what they say is a culture of exploitation and harassment at Scottish Government -funded arts organisations. Freelance staff are calling for ministers to get tough on rogue agencies where they claim bullying managers pay slave wages while receiving taxpayers' cash, we can reveal. Arts workers spoke to the Sunday Mail about their experience at organisations getting funding from Creative Scotland – the government's arts funding body which awards millions of pounds to cultural projects and institutions. They are backing the Scottish Trades Union Congress (STUC) campaign for Fair Work, which is urging the government to do more on its pledge to make Scotland a better and more inclusive place for workers. Ministers launched a Fair Work action plan in 2022 which aimed to make Scotland a 'leading Fair Work nation by 2025' but the STUC said the treatment of freelancers contradicts the objectives. An STUC report asked hundreds of freelance creative workers about their experiences and found a third of respondents had signed non-disclosure agreements forbidding them from talking about work. More than half had experienced or witnessed bullying and sexual harassment, seven in 10 had issues with late payments while a third hadn't been paid at all. Roz Foyer, STUC general secretary, said: 'The Scottish Government, funders, and employers across the arts must work together with unions and freelancers to build a creative sector where harassment, bullying and exploitation are no longer tolerated. 'Behind the curtain of Scotland's cultural brilliance lies a workforce where too many are subjected to bullying, sexual harassment and systemic abuse.' It comes as the UK Government announced last week it was banning the use of non-disclosure agreements to silence workers from speaking about abuse as part of the Employment Rights Bill. If passed, it would also apply in Scotland. One 38-year-old, who worked for a Glasgow film company, said they were made to sign a gagging order after they raised disability access and bullying concerns. The firm started a formal investigation but asked the film-maker to sign a confidentiality agreement stating they wouldn't disclose any findings. Weeks later, they were informed their contract was ending before the project had finished. She said: 'When I complained, management said they had no idea I had access needs despite having worked with them as a disabled artist for six years. 'I raised bullying concerns with the director. They went immediately into lawyer speak, defensiveness. After the investigation, I was sent an email where they basically said, 'The contract is over and we'll no longer be working with you'. 'It wasn't just my contract either. A disabled-led organisation I'm part of has received zero work since and we are facing closure because we've lost our main partner.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. A 30-year-old woman working at an Edinburgh theatre which received Creative Scotland funding said she had worked zero-hours contracts and not been paid rates as specified by trade unions. She raised issues about pay and extreme understaffing but when she met with management, she said she was told she could not discuss her working environment. She said: 'If those giving funding out were aware of how people are treated by the organisations receiving that funding, they might think again about awarding it.' Scottish Government spokeswoman said: 'Recommendations to ensure fair and inclusive work practices within the Scottish culture sector are being drawn up by industry representatives on the independent Culture Fair Work Task Force, including trade union representatives. "The ongoing independent review of Creative Scotland will also consider how it can best support the needs of the sector.'
