Douglas Mill: Say it ain’t so, Joe

Douglas Mill

I accept that in my case the Autumn Moon Lights My Way.

I accept the inevitable creep towards Grumpy Old Man status.

I get all that. But having said that, I am no Golden Ager. No “here’s tae us” from me.

And this is not about Covid/Brexit/civil servants/party politics/football loyalties/Salmondgate/proper use of scarce public funds. I’ll leave these topics to much more knowing and motivated people.

No, this is about the Crown Office prosecuting maliciously. For, as far as I am aware, the first time ever. No, I don’t even have to say “allegedly”. That is not just my assertion, it is an open admission in court on their behalf by their appointed QC. Maliciously. Without sufficient evidence. And not just in one case, apparently. That, for most lawyers in this country, is quite simply stunning. Shameful.

And I am not going to speculate how much the public purse is going to be hit by the financial outcomes of these actions in these most straitened of times. Again I leave that to others. Can I however simply observe that whilst compared to ferries, airports, hospitals, etc. this may be smallish beer. However, the money is likely to come from a justice budget and the final eight-figure bill would fund our hard-pressed law centres for decades.

And it’s not about the constitutional architecture of the Scottish Parliament and cabinet. Not about the fact that several warned against the Lord Advocate being a cabinet member and were, as things were becoming in Scotland then, traduced. Not about checks and balances.

Not about the police and their role and liability in these cases. Again, that is for others. For us lawyers it’s about principles. Ethics. Standards. The kind of legal system we were and have become. Being stewards for what we have inherited. Being officers of court. Protecting the people. Speaking out.

Not about failsafe systems, risk management processes and ensuring mechanisms that mean this cannot happen again. That is what would happen in industry. In private practice. It will not happen here. Not about sanction. Not about accountability.

And Say It Ain’t So, Joe was Murray Head in 1975 – coincidentally the year I went to study law at Glasgow. For the youngsters amongst the few who will read this who do not know the song, go on YouTube and listen – especially to the Roger Daltrey/One of the Boys cover in 1977. Worth it just to remember how mad Keith Moon actually was. Then check out the lyrics.

Shoeless Joe Jackson was a baseball player who took bribes to throw the 1919 World Series. The song is about the disillusionment of a young Chicago White Sox fan. The idiom is defined as “used to express one’s disbelief, disappointment, or grief upon learning some unfortunate truth about someone or something”.

Now no one, is suggesting any financial motive here at all. Lawrence Donegan who played with the Bluebells and who was a writer and journalist went to the States. He wrote in The Herald about 20 years ago about what he missed about Scotland. Amongst other things (the usual Tunnocks Caramel Wafers, Irn Bru etc.), he said the politicians. “Bear with me”, he wrote. Yes, far too many of them are poorly qualified, tribal, embarrassing etc. – but – it is only when you live in a country where politics is wholly venal that you truly appreciate that at least they are honest.

And they are. No quibble. Unfortunately our politics has become vicious. Disrespectful. Aggressive. Tribal. Ad hominem. And there’s little we as lawyers can do about that. Not our turf. But we must not let them drag us down. Get Helena Kennedy’s Just Law and understand what we need to fight for.

Our turf is the law. The rule of law. Our legal heritage. And the profession should be sharing the outrage I feel. This has damaged our international reputation. I know how many lawyers out there, past and present, share my embarrassment and disgust. Sadly, few of them feel free to express this without repercussions. And that says sad things about our country.

Joe is the Crown Office. Scots law. The justice system. The rule of law in our country. I am the young White Sox fan. I am clinging to the hope that it simply could not be so. But it is. They have admitted it is.

And do you know what? Sometimes I really wish I too could stop caring. But I can’t. The truth, as Murray Head says, “is getting fierce”.

But to end on a brighter note-two things. The usual bottle of decent red to whoever identifies the Autumn Moon quote – although delivery may take some time. And for the golfers amongst you, if you have not read it Lawrence Donegan wrote the funniest ever golf book. Four Iron In The Soul. Add it to the Amazon list.