MSP calls on justice for "Lochaber Two" following prosecution blunder

The cases of Deborah (Debbie) Carmichael and Catherine Ann MacDonald were due to be heard at Fort William Sheriff Court on Wednesday February 19 but were thrown out due to an administrative gaff by the Procurator Fiscal Service. 

The "Lochaber Two" were charged after dozens of people in Fort William protested against a proposal to designate the region as the country’s third national park.

The pair had been charged under part of the Civic Government (Scotland) Act 1982, with Ms MacDonald, facing two charges against her in relation to holding and taking part in a public procession without notice in accordance with the act, and Mrs Carmichael one (refusing to stop when asked to do so by police).

A former solicitor, Fergus Ewing MSP worked with Deborah, Catherine Ann and others during the campaign and told the Lochaber Times: "I was horrified to learn that Deborah and Catherine Ann were charged for taking part in an entirely peaceful and legitimate demonstration."

"I was amazed that this then led to charges being pursued by the Procurator Fiscal. I should say that I have been a solicitor in Scotland for 45 years - though no longer in practice. Moreover, I have believed we are generally well served by our court system, both Fiscals and Sheriffs.

"But in this case, two law abiding ladies taking part in an entirely peaceful demonstration were subjected to the enormous stress of being pursued as potential criminals.

"I used to represent Lochaber as constituency MSP -  and miss doing so. I am not their MSP now because of boundary changes, but hope that the pair do raise their own case with their constituency MSP Kate Forbes and pursue with the Lord Advocate why this case ever came anywhere near the court, and why there was ever a decision taken to prosecute and by whom.

"And then, when the Sheriff exposed the blunder, even then they tried to amend the charge to have it continued with.    

"The Fiscal service is rightly independent and I refrained from comment when the case was “Live”.  But now that it is over I believe there should be an inquiry into why it ever saw the light of day.

"Was the decision taken because of complaints from someone who supported the proposed park, or influenced by that political motive?

"Justice must be done and, after the stress of a year suffered by these two ladies, has been done very effectively by Sheriff Fleetwood. But justice has most certainly not been seen to be done.