SHERIFF BOWENS TRACK RECORD

Sheriff Principal Bowen a proven paedophile enabler
Posted on 25. Jan, 2012 by admin in Information
When Sheriff Principal Edward Farquharson Bowen QC presided over the trial of Robert Green, he did so as a lawman with a track record of coming to the aid of a paedophile.
Donald Smith, 35, of Printfield Terrace, Aberdeen, was charged with indecency against a nine-year-old boy in October 1998.
When the case called in 2001 at Aberdeen Sheriff Court his lawyers claimed his human rights had been breached because of a failure to bring him to trial within a reasonable time.
Sheriff Noel McPartlin rejected the plea but allowed leave to appeal.
That appeal was upheld by Lord Kirkwood, sitting with Lord Abernethy and Sheriff Principal Edward Bowen QC.
Note the similarities with the Hollie Greig case: Aberdeen in the late 90s – long delay before looking at the case etc.
Sources
Donald Smith Appeal (1.1 MiB, 9 hits)
(BBC News July 4, 2002 (here):
Delays scupper child abuse trial

Three appeal judges overturned the ruling.
A man accused of sexually abusing a young boy has escaped prosecution because of a 25-month delay in bringing him to trial.Lawyers for Donald Smith had argued that his human rights had been breached by the length of time the Crown took over the case.That submission was initially rejected by a sheriff in Aberdeen.
However, three appeal judges have now ruled that the charges should be dismissed.Lord Kirkwood, the senior judge, said no satisfactory explanation had been given for the “unreasonable” delay.

We have been struck by what appears to be a lack of urgency throughout on the part of the prosecution

Lord Kirkwood
He said: “We have been struck by what appears to be a lack of urgency throughout on the part of the prosecution.
“Further, as time went on, there was no indication that significant action was taken to remedy the situation and bring the case to trial at an early date.
“It is not apparent that the case was subject to a prioritisation process at any stage.”
Leave to appeal
Mr Smith, 35, of Printfield Terrace, Aberdeen, was charged with indecency against a nine-year-old boy in October 1998.

Donald Smith has protested his innocence.
When the case called last year at Aberdeen Sheriff Court his lawyers claimed his human rights had been breached because of a failure to bring him to trial within a reasonable time.
Sheriff Noel McPartlin rejected the plea but allowed leave to appeal.
That appeal was upheld by Lord Kirkwood, sitting with Lord Abernethy and Sheriff Principal Edward Bowen QC.However, Mr Smith remains angry that he has not been given the chance to clear his name – and the opportunity to be reunited with his children, who were taken from him following the allegations.
He is now considering legal action against his lawyers and the fiscal service.
“I thought I would be given a fair hearing and once I had proved my innocence I would be given my children back,” he said.
“Now I am told that I will never see my children again. Where is the fairness in it?
Backlog of cases
“If they think I will take that lying down they are living in a dream.”
The Justiciary Appeal Court in Edinburgh heard that Mr Smith was arrested and charged in May 1999, but his trial would not have started until June 2001.
The appeal judges were told that the procurator fiscal’s office in Aberdeen was suffering chronic staff shortages which led to a backlog of 500 cases at one point.

It seems to me this case shows yet again how our justice system fails children

Margaret McKay Children 1st
Defence counsel Andrew Brown said the “inactivity and error” by the Crown had not been satisfactorily explained.He said there had been three periods of delay before the papers were passed on to a team dealing with more serious cases – where they were “lost track of” for three months.
There was “very little activity” between 25 November 1999 and 1 June the following year, added Mr Brown.
He said it was not a complex case and that his client was not responsible for any of the delays.
Advocate depute Ian Armstrong QC argued that the delay was not so unreasonable that it amounted to a breach of Mr Smith’s human rights.
Fast-track arrangement
He said there had been “significant pressure of business” on the fiscal’s office in Aberdeen and that the case had been further complicated because of the involvement of another man.
Margaret McKay, the chief executive of the Children 1st charity, said she was “shocked but not surprised” by the case.
“It seems to me this case shows yet again how our justice system fails children.
“We believe cases where children are victims and witnesses ought to be part of a fast-track arrangement within our courts,” she said.
The Crown Office said problems at the Procurator Fiscal’s office in Aberdeen had been addressed and stressed that child abuse cases were given priority.