Craig Murray to seek permission to appeal from Supreme Court

He had been sentenced to a prison term for unlawfully publishing information about women who gave evidence against Alex Salmond.

Mr Murray, a former British ambassador to Uzbekistan, was given an eight-month prison sentence after he breached a court order passed during Mr Salmond’s trial last March.

Dean of Faculty, Roddy Dunlop QC had argued the case should be examined by the Supreme Court because it engages the free speech provisions of the European Convention on Human Rights.

At the High Court of Justiciary yesterday, however, the Lord Justice Clerk, Lady Dorrian, sitting with Lord Menzies and Lord Turnbull, refused permission to appeal.

Delivering the opinion of the court, Lady Dorrian wrote: “The argument advanced by the applicant cannot properly be
categorised as a devolution issue and no arguable point of law can be identified.”

Mr Murray had said the contempt finding fell foul of articles 6 and 10 of the ECHR.

Lady Dorrian said, however, it was the rights of the complainers not to be identified that had been “seriously and flagrantly impaired” by Mr Murray’s actions.

She said: “Some complainers were the subject of repeated articles, thus constituting aggravations of the original breach. The level of culpability – high – was also taken into account.

“The sanctions determination was in itself an exercise in proportionality.”

She concluded: “Having reached the conclusion that there are no arguable points of law arising, the court will refuse the application. We understand that it is the applicant’s intention to seek to apply for leave directly to the UKSC. In the circumstances we will suspend the warrant for a further four weeks.”