Sheriff’s recusal refusal

But Sheriff Tony Kelly declined to recuse himself after John Flanagan made a motion on the basis of a conflict of interest.

Mr Flanagan’s client, Sean Clerkin, 55, is accused of breach of the peace last year at Glasgow Royal Concert Hall – where Mr Balls was giving a speech.

The defence lawyer argued that because the sheriff’s brother is a member of the Labour Party, there was the possibility of a conflict of interest that could be seen as an issue by the public.

But Sheriff Kelly told him: “I am struggling to see what gives rise to the conflict.”

Mr Flanagan said: “The fact is your brother is an MSP, this is about the Labour Party and that’s the connection.”

A witness alleged that Mr Clerkin appeared at the concert hall with two others when Mr Balls was giving a speech and “shouted for the best part of an hour”, referring to Mr Balls as “red Tory scum”.

Mr Clerkin denies the charge as well as another that he behaved in a threatening or abusive manner at the Scottish Labour HQ last May.