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Luke Mitchell is effectively being treated as a political prisoner.
The current Lord Advocate, Dorothy Bain, is married to Alan Turnbull, the prosecutor who led the case that secured Luke Mitchell’s conviction. Although Alan Turnbull may have stepped away from active involvement to allow her appointment, she now holds ultimate authority over decisions connected to cases prosecuted during his tenure.
Even if no formal rule has been breached, the appearance of a conflict of interest is unavoidable. Public confidence in the justice system depends not only on fairness, but on the clear and visible absence of bias. When the chief legal officer of the country is responsible for decisions relating to cases in which her spouse played a central role, that confidence is inevitably damaged.
This is why the structure itself must be questioned. The dual role of the Lord Advocate — as both head of prosecutions and a member of government — raises serious constitutional concerns. Many legal commentators have argued that the position should be separated from government to safeguard prosecutorial independence.
Beyond legality, there is also the issue of principle. Public office carries a moral responsibility as well as a legal one. Where a situation gives rise to a clear and ongoing perception of conflict, the ethical course of action is to remove oneself from decision-making or to reform the structure that allows such conflicts to arise. If the justice system is to command trust, those at its highest levels must be seen to act not only within the rules, but in a way that upholds the highest moral standards.
This is not about personal animosity. It is about integrity, transparency, and the public’s right to have absolute confidence in Scotland’s justice system. As long as the Lord Advocate has a duel role there is no confidence.
Donate on the link below and let’s see how they decide to approach this ongoing political case. The public are watching 👀
(We have no affiliation with any political party)
crowdjustice.com/case/help-brin…
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