Faculty marks Muir anniversary with reconstructed trial

The Faculty of Advocates has marked the 250th anniversary of the birth of Thomas Muir of Huntershill with a scene-setting lecture and a dramatic reconstruction of parts of the trial.

The Dean of the Faculty of Advocates, James Wolffe QC, told lawyers the trial of Muir serves as a reminder of the right of everyone to a fair trial, whatever the crime alleged and whatever may be the temper of the times.

Muir was convicted of sedition at the High Court in Edinburgh in 1793 and sentenced to 14 years’ transportation in Botany Bay.

The Lord Justice-Clerk, the presiding officer of the Scottish Parliament, and the minister for community safety and legal affairs were among the audience for the special event in the First Division courtroom of Parliament House.

Historian Professor Sir Tom Devine delivered a lecture on Muir before modern day lawyers took part in a dramatic reconstruction of parts of his trial.

Making opening remarks, Mr Wolffe said: “In his address to the jury which convicted him, Muir said this: ‘When our ashes shall be scattered by the winds of heaven, the impartial voice of future times will rejudge your verdict.’

“Shortly, we will have the opportunity to do just that. You will see a dramatic re-presentation of Muir’s trial. This has been adapted by Ross Macfarlane, Advocate, from the printed transcript of the trial, which we have in the Advocates Library.

“It is not a costume drama but a re-telling of the trial using the actual words of those involved. And the trial will be re-presented not by actors, but by lawyers, who themselves spend their days prosecuting, pursuing or defending in our courts, securing the fair trial to which every accused person is entitled.

“As you rejudge the trial of Thomas Muir, I invite you to reflect on the lessons which the trial holds for our own times. I invite you to reflect on the importance of maintaining our commitment to the right of every accused person to a fair trial, whatever may be the nature of the crime alleged, and whatever may be the temper of the times.”

Professor Sir Tom Devine said: “I have never taken part in such a unique event and want to congratulate the Faculty for the truly inspiring decision to look again at one of the most famous, some would say infamous, trials in Scottish history.”

Ross Macfarlane, who has professional experience as a writer and director, narrated the reconstructions of Muir’s trial, which also featured Donald Findlay QC, Gordon Jackson QC, Neil Murray QC, Anna Poole QC, Alex Prentice QC, Paul Brown, Frank Burr, Brian Crook, David Nicolson, Iain McSporran and Iain Smith.

Tricia Marwick, presiding officer of the Scottish Parliament, said: “It was a privilege to attend this unique event. A scene-setting lecture from Professor Tom Devine followed by the words of the trial performed by (mainly) members of the Faculty did much to bring to life the injustice suffered by Thomas Muir.

“Thomas Muir has long been a hero of mine and this event has raised the profile of this champion of democracy and reform in the 250th anniversary year of his birth.”