Lord Carloway

Mark Meechan, 31, was prosecuted following the publication of a video entitled “M8 Yer dug’s a Naazi” which featured the dog raising its paw in response to the command “Sieg Heil” as well as the expression “Gas the Jews”.

Mr Meechan, of Coatbridge, Lanarkshire, denied committing an offence at trial in Airdrie Sheriff Court in April last year but was found guilty of breaching the Communications Act 2003.

Sheriff Derek O’Carroll fined Mr Meechan £800.

His lawyers then raised a petition seeking appeal to the Supreme Court.

Counsel for Mr Meechan, Dorothy Bain QC, said if it was deemed appropriate that there should be a hearing before judges in the High Court on an appeal against refusal at the sift she would seek to amend the petition.

But the Lord Justice General, Lord Carloway, sitting with the Lord Justice Clerk, Lady Dorrian, and Lord Menzies rejected the petition.

Lord Carloway said: “This court has no power to grant leave to appeal from a sift decision from the Sheriff Appeal Court to itself. To do so would be in defiance of the statutory scheme.”

Nor did it have the power to grant leave to appeal to the Supreme Court in such circumstances.

Lord Carloway added that there was no lacuna in the law as far as the appeal structure was concerned – as had been argued.

Ms Bain argued the petition was competent and necessary.

She said: “The consequences of his conviction for this breach of the Communications Act have been immense for him both professionally and personally.”

Alex Prentice QC, for the Crown, asked the court to refuse to use its powers to grant the appeal.

The Sheriff Appeal Court, he said, had exercsied its statutory powers and that Mr Meechan’s appeal had been considered by an appeal sheriff and thereafter three appeal sheriffs, who refused leave to appeal at a full hearing.