Corrupt Government and Unlawful Justice System
Roger M Livermore
Former HM Inspector, regulator of healthcare, and Crown Prosecutor with 35 years’ experience.
Below is information sent to high ranking Government employees including but not limited to: Rt Hon John Swinney MSP Scottish First minister, Chief Constable Police Scotland Joanna Farrell, Rt Hon Lord Pentland, Lord President of the Court of Session, Sir Chris Wormald Cabinet Secretary, Cabinet Office, Rt Hon Ian Murray Secretary of State for Scotland, Catherine Smith KC Advocate General for Scotland, Lady Justice Thirlwall, Thirlinfo@scotlawcom.gov.ukwall Public Inquiry, Donna Ockenden Review of Nottingham University Hospital, Kirsteen Sullivan MP Bathgate and Linlithgow Scottish Opposition Media. All UK MP’s.
Scottish Ministers Responsibility for 100 Baby Deaths a Year in Maternity Services : Scotland's Unlawful Justice System
February 2025
FAO Rt Hon John Swinney MSP Scottish First minister
Dear First Minister,
- 100 Baby Deaths a Year There are about one hundred reasonably preventable deaths of babies in Scottish maternity services every year. This and many more cases of other major harm to babies and mothers. Recent data confirms the scale of what is an ongoing Scottish disaster. The ASAP-NHS estimate is consistent with the recent data from PMRT – the National Perinatal Mortality Review Tool, and from IGHI the Imperial College Institute of Global Healthcare Innovation dashboard. There will be about two preventable baby deaths every week that are your legal responsibility. This is due to your failure and refusal to implement and comply with reserved/ UK-wide law on the safety of maternity services. The statutory test is from the Health and Safety at Work etc. Act 1974 (HSWA) section 3(1) –Did the dutyholder do all that was reasonably practicable to ensure the health and safety of babies and mothers?
- Unlawful Government Cover-Up The actual number of these baby deaths, and that of mothers in Scotland is not known. This is because unlawfully the Scottish ministers and their direct report NHS Scotland including your Lord Advocate Bain and Solicitor General Charteris have been covering them up. None of the baby deaths (or mothers) are being lawfully (or even independently) handled and investigated. Bain and Charteris are always part of the SNP government and can never be independent. Bain constantly lies on this. Legally they and their government department COPFS can have no role in the investigation of deaths and certainly not of their sister government department NHS Scotland. NHS Scotland and COPFS both have you as the head of governance. The whole operation from crime to prosecutor is the Scottish government. Then there is the Scottish judiciary who are wholly dependent on the SNP government for its cases, and for most of the evidence. The Scottish judiciary is thereby an unlawful judiciary.
- Unlawful Disregard of the Law on Maternity Services (and Patient Safety) These deaths and the other cases of major harm to babies and mothers, occur with the Scottish ministers operating an unlawful and even explicit policy to disregard and not comply with UK-wide law on the safety of maternity services. Scottish ministers are in breach of sections 7, 36, and 37 Health and Safety at Work etc. Act 1974 (HSWA). The Scottish government is in breach of section 3(1) HSWA and supporting legislation such as the Management of Health and Safety at Work Regulations (MHSWR), regulations 3, 4, 5 and 7. These will be major criminal offences by ministers. The ministers will have no legal defence on HSWA offences; there can be no section 42 HSWA defence. The problem is the unlawful (homicidal) policy of the SNP government. This is the policy of Nicola Sturgeon and Mr (he is not a real professor) Jason Leitch from 2007 to the present. This Sturgeon-Leitch policy will overall be responsible for about 30,000 reasonably preventable premature deaths in Scotland -these in patient safety, maternity services, and Covid-19.
- Unlawful Absence of Competent Legal Advice The SNP government ministers -Lord Advocates and Solicitor Generals are the principal legal advisers to the government. They are required to give competent advice on this aspect of public safety and the law (MHSWR regulation 7). They do not. Lord Advocate Mulholland was even on the record from early 2012 as refusing to provide this to SFM Salmond. This catastrophic absence of competence will relate to many deaths including the baby deaths (2,000 patient safety deaths a year, and c10,000 unnecessary Covid-19 deaths).
- Unlawful Absence of Regulation The ministers and the Scottish government are allowed to get away with this large number of deaths (in some cases they will be of unlawful killing) due to the absence of the regulator, the Health and Safety Executive (HSE). HSE is the regulator of the safety of maternity services in Scotland. This is by virtue of sections 1, 3(1) and 18 HSWA. In 2012 and again in 2019 the Scottish ministers made an unlawful agreement with the CEOs of HSE that HSE would not regulate. HSE cannot make exemptions to HSWA, only Westminster can. HSE is party to covering up over a thousand baby deaths in Scotland.
- Ministers for Covering-Up Deaths These deaths are also covered up by the SNP government ministers responsible for the investigation of deaths in Scotland. These currently are Lord Advocate Bain and the deputy, the Solicitor General Charteris. These ministers are constantly covering up these deaths, ones that are the inevitable consequence of such an extreme disregard of the safety legislation. As well as maternity deaths, they do the same shielding of the SNP government on thousands of patient safety deaths and on Covid-19. Bain and Charteris are the Orwellian ministers for covering up deaths. Being always the Scottish government these two ministers are extremely unlawful. The two offenders are currently responsible for trashing ECHR, HRA 1998, the Constitutional Reform Act 2005, the Judiciary and Courts (Scotland) Act 2008, and section 5 Police and Fire Reform (Scotland) Act 2012. They judge their own government, they are in breach of nemo judex in causa sui. They cannot even do the basics of the law. They cannot do human rights law, constitutional law, or public safety law. Lord Advocates and Solicitor Generals should never have been given a law degree. Anyone who accepts a role of Scottish law officer immediately demonstrates that they are not suitable to be a government law officer. Bain and Charteris cannot continue in office. It is extremely unlawful for them to continue. They should be stood down pending an independent lawful criminal investigation. As per previous ASAP-NHS correspondence they have been involved in 15 major types of criminal offence.
- Judiciary Complicit The judiciary under successive chief justices have been and continue to be complicit with the Scottish ministers in covering up many thousands of deaths. The retiring Lord Carloway and his judges have constantly been in breach of statutory law including their oath of office, the Promissory Oaths Act 1868. They are obstructing and perverting the course of justice. We can see if the new Chief Justice Lord Pentland understands the law and acts to bring his rogue judiciary into legal compliance.
- Police Scotland Complicit Police Scotland have also been complicit in the hundreds of baby deaths. The law on baby deaths being trashed and they knowingly do not act. They have failed to uphold or comply with ECHR and HRA 1998 Articles 2 and 6. The police, the government (COPFS) and HSE have all constantly failed to comply with the Scottish Work-Related Deaths Protocol (which includes those of the public such as with maternity services). See in England where baby deaths are lawfully investigated, and where necessary the police are involved. Here Police Scotland constantly shield the Scottish government (also see 6,000 Covid-19 deaths, and the ASAP-NHS Corporate Homicide case).
- Offenders Those involved in the most serious offences since 2007 have been First Ministers Salmond, Sturgeon, Yousaf, and Swinney. Cabinet Secretaries for Health Sturgeon, Neil, Robison, Freeman, Yousaf, Matheson, and Gray. National Clinical Director Mr Jason Leitch. Lord Advocates Mulholland, Wolffe, and Bain. Solicitor Generals Thomson, di Rollo, and Charteris. CEO NHS Scotland/DG HSCD Feeley, Gray, Wright, and Lamb. HSE Chairs Hackitt, Temple, Newton / CEOs HSE Podger, Myers, Judge, Snowball, Albon. Chief Justices Lords Hamilton, Gill and Carloway. Ministers and individuals do not have Crown immunity. The courts take HSWA offences very seriously. The UK-wide sentencing guidelines for individuals is for custodial sentences. Here we have the most serious offences, and relating to a very large number of deaths. HSWA offences are for the failure to have effective precautions in place to prevent harm. They do not require any causal harm to have occurred (e.g.Regina v Board of Trustees of the Science Museum 1993). HSWA offences are usually ones of criminal negligence. By ignoring our reminders and warnings since January 2012 the SNP ministers and others make them ones of gross criminal intent.
- Urgent Action This rolling catastrophe and unlawfulness continues. With deaths and major harm occurring at such a prolific rate it requires urgent action to bring maternity services in Scotland into line with UK-wide law. The Sturgeon-Leitch policy must be reversed. It requires a HSWA compliant plan to prevent the deaths of the babies. HSWA makes the requirement to prevent the deaths, it also provides the means to do so. ASAP-NHS can advise on this.
- Immediate Criminal Investigation by External Police Force It requires a major criminal investigation to be commence immediately. This needs to be followed up a competent inquiry led by a chair from outside Scotland. With Police Scotland and the government’s COPFS having being complicit in the baby deaths the investigation must be carried out by an external police force. Arrangements must be made for a lawful prosecution of those responsible for the deaths of the babies. This probably will need to be the Metropolitan Police Force and the independent Crown Prosecution Service.
- Minister for Women’s Health Jenni Minto The minister Jenni Minto wholly failed to understand the issues. Their complacent and dangerous response to Elaine Graham, 4 December 2023 failed to understand that they and other ministers were operating maternity services without regard to the statutory requirements (HSWA, MHSWR, COSHH etc.). The minister had no idea about the extremely serious matter. The minister followed SNP policy and put politics before public safety and the law, They do not have the legally required plan of compliance with HSWA. NHS Scotland is unlawfully unregulated. Minto even stated that the internal NHS Scotland quality assurance body HIS was a regulator; the NHS cannot regulate itself. HIS/HEI are on the record of rejecting HSWA law on the safety of maternity services. HIS is the proverbial chocolate fireguard. The minister referred to the unlawful agreement of the CS Health Yousaf with HSE that ensured that the safety of maternity services was uniquely unregulated. The sector with the highest risks in the UK and it has the lowest form of regulation -none. HSWA does not get involved in matters within the normal range of clinical practice. Internal reports, SAERs, when they are done show matters well outside that. Minto repeated the usual lie about the government’s system of investigations by their ministerial colleague the Lord Advocate (and their COPFS) being independent. This when since 2007 the Lord Advocate has always unlawfully been the SNP government. I initiated, developed and applied GB policy on patient safety (which includes maternity safety). I regulated the NHS, this included the Countess of Chester Hospital in 1998 (as with Nurse Lucy Letby). This was with HM Inspector Janet Hanson co-leading an HSE team safety audit. Our report on the safety management systems and frontline controls should still exist. I attach previous ASAP-NHS reports on maternity safety in Scotland from eight years ago – NHS Ayrshire and Arran Maternity Unit Safety and the general Scottish Maternity Unit Safety. The then Cabinet Secretary for Health Shona Robison as ever did nothing. With Elaine and Rebecca Pringle, and Rab Wilson we met Robison and CMO Dr Catherine Calderwood. The meeting was openly recorded. I asked Robison the direct question ‘Will you uphold and comply with the UK-wide that applies to the safety of Scottish maternity services?’ True to Sturgeon-Leitch, Robison said ‘No’. The look of horror on Dr Calderwood’s face was priceless.
Context The context of the criminal investigation into the hundreds of baby deaths in Scotland is as you well know that there is no lawful system of investigating deaths, nor of prosecutions. There is not the legally-required separation of the powers. It is increasingly looking like there has never been the separation. It may be that there has always been direct government agents in Scotland who have run the prosecution system and decided who gets prosecuted and who is not. There could hardly be anything more damning of the Scottish judiciary and the legal profession. They fall at the first fence. By a whole raft of overarching law it is unlawful for the Scottish government to be running judicial processes such as prosecutions and the investigation of deaths. The law officers who drafted the Scotland Act 1998 could not even get the basics right. They even managed to produce a Scottish government outside the constraints of the law. Here we have a judiciary that is fundamentally and extensively government dependent; it is of course also extremely unlawful. ASAP-NHS has repeatedly pointed this out to chief justice Lord Carloway. This is like day one of law school. On Monday 03 February 2025 it fell to Lord Pentland to take over running the illegal operation that is the Scottish judiciary.
These matters will be proved to be true, they are backed by readily available prosecution-grade evidence, and they are of the highest public interest.
Regards
Roger M Livermore co-lead ASP-NHS
with help from Elaine Graham (nee Pringle)
CC Chief Constable Police Scotland Joanna Farrell
Rt Hon Lord Pentland, Lord President of the Court of Session
Sir Chris Wormald Cabinet Secretary, Cabinet Office
Rt Hon Ian Murray Secretary of State for Scotland
Catherine Smith KC Advocate General for Scotland
Lady Justice Thirlwall, Thirlinfo@scotlawcom.gov.ukwall Public Inquiry
Donna Ockenden Review of Nottingham University Hospital
Kirsteen Sullivan MP Bathgate and Linlithgow
Scottish Opposition
Media
Angela Constance CS Justice and Chief Constable Jo Farrell
Date: 07 January 2025
From:
Roger M Livermore
To:
cabinetsecretaryforjustice,cc.office,Sir Chris Wormald,scottish.ministers,FirstMinister@gov.scot,Scotland Office General Enquiries Mailbox,Advocate General for Scotland,permanentsecretary@gov.scot,Russell.Findlay.msp,Sarwar A , MSP (Anas),Lorna.Slater.msp,Cole-Hamilton A , MSP (Alex),Ash.Regan.msp,Lord Pentland,scotaffcom,Stephen Parkinson DPP,chiefcoronersoffice,Bona Fide,COVID.Deaths,newscommissions.scotland@bbc.co.uk,stvnews,sky.today,connor.gillies,kathryn.samson,kirsteen,Scottish Legal News,editor,Presiding Officers,covidfamiliesforjusticeuk,contact@covid19inquiry.scot,Baillie J , MSP (Jackie),press.office,roger.livermore
FAO Angela Constance CS Justice and Chief Constable Jo Farrell
Dear Ms Constance and Chief Constable,
Given your roles you will know that a prime requirement is that by overarching law judicial processes must be independent of government. This of course means that the Scottish government, its ministers including First Minister Swinney, Lord Advocate Bain, Solicitor General Charteris, and their government department COFPS (or their agents) can have no role in prosecutions or the investigation of deaths. They can and do outrageously state that they are independent but of course they never are. Theirs is an extreme lie. They are all and always the Scottish government. SFM Swinney, Bain and Charteris know that they are lying and misleading the public on such a vital matter.
Five years on from the first Covid-19 death in Scotland, and over 16,000 deaths on, there has not been one of them independently and lawfully handled. A case in point is the government’s Dorthy Bain and Richard Hill Procurator Fiscal Depute handling of the death of Neil Alexander healthcare worker at NHS Ayrshire and Arran. Bain’s unlawful involvement covers up the deaths till after another election. This SNP minister is helping to ensure a SNP win in the 2026 Holyrood election. As government officers they are responsible for major breaches of the Constitutional Reform Act 2005 (as it applies to Scotland), Articles 2 and 6 Human Rights Act 1998, the European Convention on Human Rights Articles 1, 2, and 6, the Judiciary and Courts (Scotland) Act 2008, the Police and Fire Reform (Scotland) Act 2012 section 5, the Scotland Act 1998 section 57. The Lord Advocate and numerous COPFS staff are unlawfully shielding their government. They are involved in very serious breaches of both statutory law and common law. They break the basic legal principle of nemo judex in causa sui. They of course require an independent , competent police investigation.
Bain and the First Ministers Sturgeon, Yousaf and now Swinney have been obstructing the case of corporate homicide again the Scottish government over its homicidal handling of the pandemic (attached). Note for reasons documented elsewhere this government does not have Crown immunity. In any case individuals particularly ministers can be prosecuted (e.g. HSWA sections 7, 36, and 27) an convicted (a section 42 HSWA defence would be impossible for them to achieve) . No-one is of course above the law (the King accepted and they agree to abide by the law, unlike Scottish ministers).
- It requires an external police force to investigate those behind the obstruction and unlawful cover up of the thousands of Covid 19 deaths in Scotland (see message below).
- It requires an external police force (such as the Met Police) to carry out a criminal investigation into the Scottish government under the Corporate Manslaughter and Corporate Homicide Act 2007
- It requires an external police force to carry out a criminal investigation into the unlawful government run Fatal Accident Inquiry system.
- It requires an external police force to carry out a criminal investigation into the Scottish government’s unlawful prosecution system.
This is not going away. There needs to be an end to Scotland’s unlawful justice system. A major concern is the chief justice Lord Carloway (and his judges) being complicit in the unlawful systems of prosecutions and the investigation of deaths. His replacement Lord Pentland needs to make a break from the criminal past of Scottish judges. It looks very much like the Scottish judiciary have been acting wholly unlawfully. This is all (just) part of the biggest failure in Scottish and UK legal history.
It requires that Scotland introduces a lawful system of handling and investigating deaths. Whilst the delivery of justice is devolved it must comply with overarching UK law. This should require the restoration of Scotland’s HM Coroner system (abolished by another incompetent Lord Advocate in 1800). It requires the introduction of an independent Director of Public Prosecutions (a DPP) and an independent Crown Prosecution Service (a CPS).
Scotland’s lack of a lawful prosecution system places the UK in breach of international law. It could well result in a block on extraditions to the UK.
I will shortly be writing on an even bigger issue. This should become ‘The Second West Lothian Question’. It should be much bigger than the first.
Regards
Roger M Livermore co-lead ASAP-NHS
Ret HM Principal Inspector (8 titles), Crown Prosecutor, and regulator of police forces under the Police (Health and Safety) Ac1997
Sir Chris Wormald KCB Cabinet Secretary (for PM Rt Hon Sir Keir Starmer KCB KC MP)
Attorney General Rt Hon Lord Hermer KC
Rt Hon Ian Murray MP Secretary of State for Scotland
Advocate General for Scotland Catherine Smith KC
Director of Public Prosecutions Stephen Parkinson
Chief Coroner Her Honour Judge Alexia Durran.
Rt Hon Lord Pentland KC Lord President of the Court of Session Lord Justice General
Russell Findlay MSP Scottish Conservatives
Anas Sarwar MSP Scottish Labour
Alex Cole-Hamilton MSP Scottish Liberals
Lorna Slater MSP Scottish Greens
Ash Regan MSP Alba
Police Investigating 5,000 Covid-19 Deaths re Scottish Government and Corporate Homicide
Date: 07 December 2024
From:
Roger M Livermore
To:
<james.cook@bbc.co.uk>,
newscommissions.scotland@bbc.co.uk
<newscommissions.scotland@bbc.co.uk>,
today@bbc.co.uk, solicitors@covid19.public-inquiry.uk
<solicitors@covid19.public-inquiry.uk>,
contact@covid19inquiry.scot
<contact@covid19inquiry.scot>,
Scotland Office General Enquiries Mailbox <enquiries@ukgovscotland.gov.uk>,
Advocate General for Scotland <enquiries@advocategeneral.gov.uk>,
Lord Carloway <judicialofficeforscotland@scotcourts.gov.uk>,
Russell.Findlay.msp@parliament.scot,
Sarwar A (Anas), MSP <anas.sarwar.msp@parliament.scot>,
Cole-Hamilton A (Alex), MSP <alex.cole-hamilton.msp@parliament.scot>,
Ash.Regan.msp@parliament.scot,
Lorna.Slater.msp@parliament.scot,
cc.office@scotland.police.uk,
enquiries@spa.police.uk
Bona Fide <asap.correspond@gmail.com>,
stvnews@stv.tv,
kathryn.samson@itn.co.uk,
Lesley Roberts <lesleyeroberts@hotmail.com>,
Patrick McGuire <patrick.mcguire@thompsons-scotland.co.uk>,
Scottish Covid19 <scottishcovid19@aameranwar.com>,
scotaffcom@parliament.uk,
kirsteen@kirsteensullivan.co.uk,
Baillie J (Jackie), MSP <jackie.baillie.msp@parliament.scot>,
Smith E (Liz), MSP <elizabeth.smith.msp@parliament.scot>,
covidfamiliesforjusticeuk@gmail.com,
Presiding Officers <presidingofficers@parliament.scot>,
sky.today@sky.uk,
connor.gillies@sky.uk,
info@scottishcare.org,
Press.Scot@rcn.org.uk,
scottish.academy@rcpe.ac.uk,
Scottish Legal News <newsdesk@scottishnews.com>,
r.wilson475@btinternet.com
<r.wilson475@btinternet.com>
FAO James Cook BBC Scotland News Editor
Dear Mr Cook,
- You will be aware of the criminal complaint by ASAP-NHS of 01 March 2023 against the Scottish Government for corporate homicide. This relates to the Scottish government’s homicidal policies both before and during the pandemic. It involved the most extreme breaches of the UK-wide Health and Safety at Work etc Act 1974 (sections 2 and 3(1)) and the related legislation on dangerous pathogens (COSHH, PPE Regs). These are the necessary precursors to a case of corporate homicide. As a former Crown Prosecutor, this is covered in the attached outline prosecution case (doc 01) under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA). For example as the lead HM Principal Inspector of Railways regulating Network Rail (including regulating at their board level), I had to consider corporate homicide. Despite the Covid-19 corporate homicide case relating to thousands of unnecessary deaths, BBC Scotland have seemingly ignored what should easily be the biggest single crime in Scottish history, certainly that of the last 50 years. See ‘Call for Nicola Sturgeon to be probed by cops for corporate homicide over Covid deaths’ –Scottish Daily Express 01 March 2023 and the Daily Record Reference : Incident PS 01032023-1579 The retired infection control nurse Lesley Roberts made an allied complaint at the same time https://www.scottishdailyexpress.co.uk/news/scottish-news/nicola-sturgeon-jeane-freeman-reported-29337952
- We have been reliably informed by the police that in relation to the corporate homicide case against the Scottish government, Police Scotland have said that they are now investigating 5,000 deaths. In terms of deaths this is vastly bigger than the Piper Alpha disaster. I was regulating healthcare across Greater Manchester where and when unknowingly Dr Shipman was at work. He was responsible for about 300 deaths. Yet almost nothing is reported in Scotland on these thousands of work-related Covid-19 deaths or their cover-up. ASAP-NHS has worked on several Covid-19 deaths. This has included working with the family of the healthcare worker Neil Alexander. This has resulted in an eventual Fatal Accident Inquiry.
- The first known Covid-19 in Scotland is now almost five years ago. In that time the prime suspects the Scottish Ministers and the government behind the deaths have been openly conspiring with the chief constables of Police Scotland to cover-up these deaths. The government has even been seeking to blame care homes when it is the government that put them in an impossible situation. As an enforcer on dangerous pathogens in healthcare and in care homes, it is legally and actually impossible to control SARS-CoV-2 in a care home setting. This when it is SNP government’s homicidal policies (‘Sturgeon-Leitch’) that caused the rapid spread of the SARS-CoV-2 dangerous pathogen.The cover-up is a role the joint Scottish-government Police Scotland Covid Deaths Investigation Team (CDIT). It should be beyond belief that those responsible for the thousands of deaths control the investigation of the deaths. The CDIT was and is exceptionally unlawful. The investigation of deaths and the prosecution system must by overarching law be independent of government. They certainly cannot be part of the government. This is currently Lord Advocate Bain, Solicitor General Charteris, and their COPFS, all under SFM Swinney. This obstruction of justice has been by the SNP Ministers James Wolffe and Dorothy Bain under SFMs Sturgeon,Yousaf and Swinney working with the chief constables Livingstone and Farrell.
- For the police to investigate 5,000 deaths would take at least five years, I think that the police agree. In relation to the CMCHA case it is not required. What you do is select a representative sample of the deaths, and secure suitable and sufficient evidence to secure a prosecution and conviction. As a former Crown Prosecutor, this would take me and a small competent team no more than three months. Police Scotland have been on it for eighteen months. Police Scotland have not even interviewed under caution the individuals responsible for the government’s homicidal policies that led to the deaths.This is SFMs Sturgeon, Yousaf, and Swinney; CS Health Robison, Freeman and Yousaf; the self-admittedly unqualified National Clinical Director Mr Jason Leitch, the legal advisers Lord Advocates Mulholland, Wolffe and Bain, the CEOs/DGs NHS Scotland/HSCD, and a Scottish lead on infection control Dr Lisa Ritchie. There is also the regulator, HSE CEO Sarah Albon and the Director HSE Scotland Iain Brodie.
- Breaches of HSWA are taken extremely seriously by UK courts. For offences by individuals in their failure to comply with statutory HSWA duties (sections 7,36 and 37) the current sentencing guidance across all the UK is for custodial sentences. In the case of Covid-19 we are dealing with the most extreme offences in the 50-year history of HSWA. Dame Heather Hallett’s UK Covid-19 public inquiry has secured evidence under oath against the Scottish officers (and HSE).
- This approach of even trying to investigate 5,000 deaths is designed to take the prosecution into the far distance. It is the conspiring head of the SNP Scottish government’s prosecution service (COPFS) Lord Advocate Bain under SFM John Swinney, and Chief Constable Jo Farrell. This in itself is of course extreme unlawful. The Scottish government should have been in court by now. That it has not been is due to the SNP ministers Dorothy Bain and John Swinney. This is extreme interference with the fairness of both Holyrood and Westminster elections.
- These 5,000 deaths are the tip of an iceberg. In 2007 the incoming SNP (minority)government introduced a policy of disregarding the UK-wide law on patient safety, social care, and on dangerous pathogens.This is the now notorious Sturgeon-Leitch approach to public safety. This a policy that can be guaranteed to have resulted in many thousands of unnecessary deaths. It even led to many thousands of deaths across the UK in the pandemic. This was via NHS Scotland’s personnel lead role on the Four Nations Infection Prevention Control (IPC) Cell. Following the Sturgeon-Leitch approach and its homicidal infection control manual NIPCM would rapidly spread the SARS-CoV-2 dangerous pathogen, and create death traps for the workforce, patients, care home residents, and the wider public.
- The BBC as the public broadcaster needs to get a grip of this massive issue. 16,000 Covid-19 deaths in Scotland and not one is lawfully – independently handled. The National Records of Scotland show the Covid-19 deaths of over 200 workers in healthcare and social care. But the regulator HSE unlawfully does in effect nothing on them, or patient safety in Scotland. I deal with the wider issues in the draft book ‘A Million Preventable Deaths – 50 Years of (UK) Patient Safety Failures and the Pandemic’. HSE is culpable.
- We also have the illegality and corruption of Lord Brailsford’s Scottish Covid-19 inquiry shielding the Scottish government, but that is for another day. All the above has been SFMs Sturgeon, Yousaf and Swinney seeking to use their power to protect themselves at the expense of justice and the people of Scotland. It isthe SNP SFM’s using the police to interfere with fair elections (Holyrood and Westminster).
This is of course a test of BBC Scotland. With Sturgeon taking over as SFM in 2014 BBC Scotland stopped doing the ASAP-NHS issues. We have been blocked, and vastly more importantly the law on public safety has been ignored. This accounts for about 5 unnecessary deaths a day in Scotland. We had been warning about dangerous pathogens in healthcare and in social care since 2012. That related to about 500 deaths a year in Scotland. Then quite predictably the pandemic arrived. With Sturgeon gone and facing possible imprisonment from several directions, there is no reason to be frightened. You can do the ASAP-NHS issues.
- ASAP-NHS would be pleased to explain further. The issues are only going to grow and will make the breakthrough. It is a question of when and how. It is orders of magnitude worse than the Post Office scandal and the Scottish government’s (COPFS) unlawful prosecution of sub-postmasters.
Yours sincerely
Roger M Livermore, co-lead ASAP-NHS
Ret HM Principal Inspector (8 titles), Crown Prosecutor, and regulator of police forces under the Police (Health and Safety) Ac1997
Cc Dame Heather Hallett DBE PC KC Chair UK Covid-19 Public Inquiry
The Hon Lord Brailsford KC Chair Scottish Covid-19 Public Inquiry
Rt Hon Ian Murray MP Secretary of State for Scotland
Advocate General for Scotland Catherine Smith KC
Jo Farrell Chief Constable Police Scotland
Rt Hon Lord Carloway PC FRSE Lord President of the Court of Session Lord Justice General
Russell Findlay MSP Scottish Conservatives
Anas Sarwar MSP Scottish Labour
Alex Cole-Hamilton MSP Scottish Liberals
Lorna Slater MSP Scottish Greens
Ash Regan MSP Alba
Police Scotland Colluding with SNP Government to Cover Up Thousands of Deaths and Acting With Unlawful Bias
Date: 27 November 2024
To John Swinney Scottish First Minister
Ian Murray Secretary of State for Scotland
Dame Diana Johnson Minister for Policing, via Simon Case, Cabinet Secretary, Cabinet Office
Catherine Smith KC Advocate General for Scotland
Rt Hon Lord Carloway PC FRSE Lord President of the Court of Session, Lord Justice General
Dear All,
You should be well aware that Police Scotland constantly unlawfully acts as the agents of the SNP Government. This via the unlawfully acting SNP ministers the Lord Advocate and their deputy the Solicitor General. This is unlawful under constitutional and human rights law (e.g. Constitutional Reform Act 2005, Judiciary and Courts (Scotland) Act 2008, Human Rights Act 1998, and ECHR Articles 1, 2, and 6). These are generally matters governed by reserved law.
- Police Scotland under chief constables Sir Iain Livingstone and currently Jo Farrell have been involved in extreme unlawfulness and corruption by colluding with the SNP government under SFMs Sturgeon, Yousaf, and Swinney. This includes the cover-up of about 16,000 Covid-19 deaths. It covers about 2,000 reasonably preventable patient safety deaths a year in the government’s direct ministerial report NHS Scotland, and in related social care. There is the Police Scotland/ SNP obstruction of the corporate homicide case against the SNP government over the pandemic. The collusion also includes the failed investigation into former SFM Sturgeon and other SNP officials in the finance scandal. There is currently Farrell’s shielding of the government and obstruction of justice over the unlawful prosecution of the former SFM Alex Salmond.
- Covid-19 Deaths It will soon be five years since the first Covid-19 death in Scotland. Not one has seen the light of day, not one has been lawfully and independently handled or investigated. Police Scotland colludes with SNP ministers Lord Advocates James Wolffe and now Dorothy Bain in the cover-up. This is via the joint SNP-Police Scotland Covid Deaths Investigation Team (CDIT). These two ministers have prevented the lawful investigation of the deaths that relate to the SFM Sturgeon – Jason Leitch (National Clinical Director) homicidal policy of refusing to comply with the UK-wide legislation on dangerous pathogens, and thereby actively spreading the pandemic. This is a massive scandal in public health and that of worker safety. The Sturgeon-Leitch policy of disregarding UK health and safety legislation also applies to the thousands of patient safety deaths in Scotland since 2007.
This Scottish government approach to the SARS-CoV-2 dangerous pathogen was to in effect spread the virus by not implementing the legally required control measures. This was via Leitch’s unlawful infection ‘control’ policy. This was further promoted by NHS Scotland’s infection control lead Dr Lisa Ritchie when they became head of the Four Nations ‘Infection Prevention Control (IPC) Cell’ in February 2020. They imposed the Sturgeon-Leitch policy on infection control (sic) on all the UK (See the UK Covid-19 inquiry evidence of Ritchie et al). Following the Scottish policy (NIPCM) was extremely unlawful. Following it would rapidly spread the virus, and create death traps for healthcare and care workers, patients, care home residents, and the wider public. That is why we are about the worst performers in Europe, and second worst to the USA globally, on the pandemic.
The regulator of government and patient safety in Scotland is the Health and Safety Executive (HSE). This is by sections 1, 3(1), and 18 of the Health and Safety at Work etc. Act 1974. The SNP government (DFM Sturgeon) made an unlawful agreement with HSE in 2012 that it would not act in these areas. HSE has been refusing to investigate any of the Covid-19 deaths of workers let alone patients. HSE is complicit in the deaths and the cover-ups. With over 200 deaths of workers in Scotland this is the worst scandal in worker safety in the 50 years of HSE and HSWA, of health and safety law in Scotland (and the UK). HSE acts as a perpetual shield of the SNP government. This is a massive dereliction of HSE’s statutory duty. It justifies the prosecution of HSE. The evidence is there in abundance.
- Chief Constables Blocking Corporate Homicide Against SNP GovernmentBoth Livingstone and Farrell have been blocking the ASAP-NHS case under the Corporate Manslaughter and Corporate Homicide Act 2007, reference PS 20230301-1579 of 01 March 2023. This relates to 16,000 deaths in Scotland. As a former Crown Prosecutor and almost certainly the leading expert in the relevant legislation in Scotland, I supplied a basic prosecution case of 125 pages plus appendices. We pointed out that the case had to be investigated by an external police force (as Police Scotland has been covering up the Covid deaths) and an independent prosecutor (and not involve the SNP’s Lord Advocate and their COPFS). The case has unlawfully and corruptly been sat on by Police Scotland and the Scottish Police Authority.
- Thirty Thousand Patient Safety Deaths In line with the former Department of Health estimates there will be about 2,000 reasonably preventable premature deaths a year in Scottish healthcare and related social care. These are caused by non-compliance with UK law (HSWA 1974). Police Scotland is aware of these deaths but over the last dozen years only a handful have been prosecuted (usually mental health suicides). Chief Constables have colluded with the SNP ministers Frank Mulholland, James Wolffe, and Dorothy Bain to ensure that the SNP government is not lawfully investigated or held accountable for these thousands of unnecessary deaths (the Sturgeon-Leitch policy). HSE has also colluded. This is extreme corruption. The serious Post Office scandal is a blip in comparison. This unlawful suffering is on unprecedented scale.
Cover-ups by the chief constables and the SNP ministers include ’40 Suspicious Deaths at NHS Ayrshire and Arran’, ‘One Patient Safety Death Every Four Days at NHS Greater Glasgow and Clyde’, ‘A Serious Patient Safety Incident a Day in NHS Lothians’. ‘Scottish Maternity Safety Incidents -One Hundred Baby Deaths a Year.’ ‘500 Infection Deaths a Year in NHS Scotland’. Incidents and deaths are revealed in the Serious Adverse Event Reviews (SAER) but none are investigated independently. The SAER system was overseen by Leitch, the architect of the failings that led to the SAERs. Police Scotland combined with the SNP government, NHS Tayside and HSE to prevent action on the rogue surgeon Ejamel. The patient safety deaths are a much bigger scandal that even Covid. Here we have about five unlawful deaths a day in Scotland and this is on-going. Everyone in Scotland will be affected in some way. Chief constables have followed the unlawful directions of the SNP’s Lord Advocates (section 5 Police and Fire Reform (Scotland) Act 2012), and their government department the unlawful COPFS.
- SNP Finances Scandal Chief Constables Livingstone and Farrell have absurdly delayed the investigation into former SFM Sturgeon and other SNP officers. This has shielded the SNP and it interferes with the fairness of elections (Holyrood and Westminster). The current Chief Constable Farrell took this to extremes by consulting with the SNP government, COPFS, and Lord Advocate Bain. Bain was selected for office by prime suspect Sturgeon, and now Bain and her department decides whether to proceed against Sturgeon. All prosecutions in Scotland are in the name of the SNP’s Scottish Government and their Lord Advocate. Thanks to the SNP’s Lord Advocates it is now well-known in Scotland that it does not have a lawful prosecution system; only the SNP’s unlawful one.
- Sturgeon and SNP Government’s Unlawful Prosecution of Alex Salmond We now have Farrell failing to record the major criminal offence of the SNP Government, SFM Sturgeon, and their Lord Advocate Wolffe for the unlawful prosecution of Alex Salmond. They were required to refer the matter to an independent police force. This especially because Police Scotland were involved in the original unlawful investigation of Mr Salmond, and as they constantly and unlawfully act as agents of the SNP government, the offender. See message below.
- Reporting Offences by Police Scotland (and Scottish Police Authority, SPA)There seems to be no body in Scotland to whom the Chief Constable, Police Scotland and the SPA can be reported to. With the SNP government heading and running the prosecution system the government cannot be prosecuted. A government outside the constraints of the law is not a lawful government. What is the system for reporting crime by the police when Scotland only has a single ‘state’ police force?
Please take this as a report of criminal offences by Chief Constables Sir Iain Livingstone and Jo Farrell, Police Scotland, and the complicit Scottish Police Authority.
There are the statutory offences (as given above) which are objective. There are also the serious common law offences. It requires that the Chief Constables, Police Scotland, the Scottish Police Authority (and potentially others) are investigated by an external police force. The matters involve what can be guaranteed to be the biggest scandal in UK policing, with gross unlawfulness, and many thousands of preventable deaths.
The chief constable Jo Farrell needs to stand down pending the criminal investigation. It would be difficult or impossible to find more unlawful police officers than Scottish chief constables. Policing in Scotland is part of a fundamentally unlawful SNP government-run justice system. Being the chief constable of Police Scotland, as currently constituted, is an impossible job.
The Scottish Police Authority has the responsibility of holding the chief constable to account, upholding policing principles and the law. It has , has been failing in an extreme manner. We have repeatedly reported the matters to SPA but they do nothing, they are complicit and party to the crimes. PIRC do not act. HM Inspector of Constabulary Scotland does nothing, they are part of the corrupt SNP government-dependent culture of policing in Scotland.
- Special MeasuresPolice Scotland has failed and refused to uphold the law on major matters of public safety (patient safety, the pandemic). It is party to the SNP government’s policy of disregarding the legislation on these. It is party to the same government’s cover up of thousands of unnecessary deaths. Police Scotland obstructs and prevents justice. It is own disregard of the law Police Scotland acts contrary to public safety. It acts as an enemy of the people of Scotland.
Police Scotland with its constant collusion with the SNP Lord Advocate minister Bain and the government’s COPFS constantly and unlawfully shields the SNP government, preventing its prosecution on extremely serious matters. It is constantly a party to the SNP government’s unlawful prosecution system, and to its unlawful handling of deaths in Scotland. The Scottish government can (and does) kill with impunity. Police Scotland protects the government which unlawfully exists outside the constraints of the law. The UK-wide principles of policing are trashed in Scotland. If you had to make a model of how not to do a police force then Police Scotland would be it. The reason seems to be the cultural isolation of policing in Scotland. There are no effective independent checks and balances or a proper regulator. There has also been a succession of chief constables who have not upheld the law on policing. Conventionally the chief constables would be termed as lacking in competence, and in their collusion with the SNP government -corrupt. Everything that could be wrong seems to be wrong. It requires that Police Scotland be urgently placed in special measures. Otherwise it sanctions ongoing major crimes, and on a daily basis.
This will be proved to be the case, the main points are backed by readily available prosecution-grade evidence. These issues greatly affect the public and their interests.
Yours sincerely
Roger M Livermore co-lead ASAP-NHS
Ret HM Principal Inspector (8 titles), Crown Prosecutor, and former regulator of police forces under the Police (Health and Safety) Act 1997
Cc Policing Minister via Cabinet Office For information
NPCC Chair Chief Constable Gavin Stephens QPM
Chief Inspector Andy Cook QPM DL
His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services
Absence of Law and Order in Scotland
Date: 01 September 2024
From:
Roger M Livermore
To:
Advocate General for Scotland Catherine Smith KC
PM Sir Keir Starmer,
Scotland Office General Enquiries ian.murray.mp,correspondence,
Douglas Ross,
Sarwar A ,
MSP (Anas), Cole-Hamilton A,
MSP(Alex), Patrick.Harvie.msp,
Lorna.Slater.msp,
Bona Fide, Presiding Officers, Baillie J , MSP (Jackie)
FAO Advocate General for Scotland Catherine Smith KC
Dear Advocate General,
As promised, this follows the item to the PM we sent you on 31 August 2024 Absence of the Rule of Law and the Separation of the Powers in Scotland.
This is Police Scotland Covering Up Scottish Government’s Corporate Homicides (‘Scotland’s Watergate’)
As I was about to send this I realised that the even bigger picture is the Absence of Law and Order in Scotland
The law is in effect absent in Scotland and there is no lawful justice system to ensure order. ECHR is absent. The Scottish government unlawfully controls the systems of prosecutions. That means there is no system to ensure that any human right in Scotland can be ensured. The SG is outside the law. This is a massive breach of Article 1. The SG and the Judiciary do not uphold Article 2/ HRA 1998 Right to Life. The law on patient safety, on care home residents and those in social care has not been implemented or complied with. Unlawfully there is no active regulator of patient safety in Scotland (The regulator is HSE and the CEO Sarah Albon accepts it, but refuses to act and comply with sections 3(1) and 18 HSWA 1974). This costs about five lives a day. SG also refuse to implement the law on dangerous pathogens (HSWA, COSHH, PPE Regs etc.) This led to thousands of Covid-19 deaths in Scotland. Scotland’s homicidal infection control (sic) manual caused many thousands of deaths across the UK. Article 2 requires the independent competent investigation of deaths to learn to prevent more. Scotland has no coroner system (!!!), it has no equivalent. All deaths are unlawfully handled by SG, and dispensed into the (SNP’s) SG black hole. Similar for Article 3 Inhuman and degrading treatment (major harm in healthcare and the pandemic). This Article not complied with or enforced, there is no regulation. Scotland has no Article 6 system of Fair Trial. All prosecutions in Scotland are by the SG, a political entity and never independent. They are currently unlawfully carried out by the SNP’s minister Lord Advocate Bain under the SNP First Minister Swinney. Bain unlawfully makes her decisions on advice and information from the SNP ministerial-led government department COPFS. Bain and previous Lord Advocate’s have no valid defence (‘I’m independent because I say I am’). The Human Rights Act 1998 articles 2, 3, and 6 similar trashed.
The system of policing in Scotland is unlawful. The SNP’s SG via Bain and COPFS constantly interferes, directs and influences what must be wholly independent of government. The Scottish judiciary are unlawfully fundamentally and extensively SNP SG dependent. The chief justice Lord Carloway and Scottish judges are complicit in the crime of obstructing the independence of the judiciary. Police Scotland even refuses to record or investigate crime by the SNP SG. There is a wholesale lack of understanding of the limits of Crown immunity (I upheld the law as it applied to Crown bodies). The Act that created Police Scotland was and is unlawful.
Constitutional law is trashed, ECHR, HRA, Constitutional Reform Act 2005 (as it applies to Scotland), Judiciary and Courts (Scotland) Act 2008, Police and Fire Reform (Scotland) Act 2012, the Crown Proceedings Act 1947 etc. The Scotland Act 1998 is broken every day by the Scottish ministers under the First Ministers. It is anarchy.
The SNP Scottish government, its direct report NHS Scotland and its prosecution service COPFS do not have the statutorily-required competence in health and safety legislation (by the Management of Health and Safety at Work Regulations 1999 Regulation 7, and HSWA). This is a major factor in the rolling catastrophe of patient safety deaths, the and the 100 baby deaths a year in Scottish maternity services. The SG’s Lord Advocates and their COPFS green-light these thousands of deaths and major criminal offences. It also explains why Scotland was amongst the worst performers in Europe for Covid-19 deaths.
Similarly the Scottish judiciary disregard the law. The biggest issues of public safety covered by the law and the judiciary do not uphold the law. There seems to have been not one prosecution or conviction for infection control failures on COSHH. This is a major factor in about 500 deaths a year in Scottish healthcare and related social care plus the thousands of Covid-19 deaths. In the run up to the pandemic Lord Penrose ignored it his infected blood inquiry. Lord MacLean ignored it in the Vale of Leven Hospital 50 hospital acquired infection deaths. These failed inquiries are factors in Scotland not having any facilities or precautions for SARS-CoV-2. Lord Brailsford’s failing Covid-19 inquiry is ignoring the law. Lord Brodie was ignoring it in the Scottish Hospital Inquiry (on infection control).
The Act that created the devolved Scottish Parliament and its bodies, the Scotland Act 1998 was and is unlawful. It unlawfully gave control of what must be independent judicial processes over to the Scottish government, a political body. Prosecutions in Scotland are currently carried out by the SNP Scottish government. The SNP/SG prosecutions are of course unlawful. Likewise the SNP/SG operate an unlawful system of handling and investigating deaths. Together they mean that the SNP’s SG has with its corporate homicidal policies been able to be responsible for many thousands of patient safety deaths and Covid-19 deaths, and that it can act with impunity. Safe in the knowledge that it cannot prosecute itself. It has a license to kill the people of Scotland. It is like being in the Wild West. It is not civilisation.
There must be an end to this unlawfulness and government homicides. The Rule of Law must be restored to Scotland. We can point to solutions.
Regards
Roger M Livermore
Ret HM Principal Inspector (8 titles) and Crown Prosecutor
Police Scotland Covering Up Scottish Government's Corporate Homicides ('Scotland's Watergate')
Date: 22 August 2024
POLICE SCOTLAND COVERING-UP SCOTTISH GOVERNMENT’S CORPORATE HOMICIDES (‘SCOTLAND’S WATERGATE’)
FAO Jo Farrell Chief Constable, Police Service of Scotland (PS)
Cc PM Rt Hon Sir Keir Starmer KCB KC MP
Dear Chief Constable,
1. It is now 18 months since ASAP-NHS reported the Scottish Government to Police Scotland for its homicidal actions in relation to the prevention and control of the SARS-Cov-2 pandemic. This was reported to your predecessor Sir Iain Livingstone QPM on 01 March 2023, incident number 20230301-1579. We pointed this out to you ready for your first day in office 01 October 2023. As a former Crown Prosecutor I provided you with an outline prosecution case under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA), attached. A conviction and a competent attendant section 9 court order provides both the means and the requirement to prevent and control any future pandemic so far as is reasonably practicable. It ‘solves the pandemic’. The applicable Health and Safety at Work etc. Act 1974 by virtue of sections 1, 2, 3(1), and 42 make a similar binding requirement. This is the biggest crime reported to Police Scotland and nothing happens. It was not even referred to an external police as required given the joint Scottish government-Police Scotland cover up of the thousands of Covid-19 deaths (via CDIT). The bigger the issue the less likely it is that PS will act, e.g. there are also the thousands of unlawful patient safety deaths in Scotland.
2. You and Police Scotland, in collaboration with the Scottish government, have been engaged in delaying the case and obstructing justice. This involves the joint SG and PS exercise to cover up the 16,000 Covid-19 deaths in Scotland and their causes (Covid Deaths Investigation Team, CDIT). It also involves your consequent interference with free and fair elections. (It applies to the absurdly delayed joint PS-SNP government/COPFS investigation into the SNP finances scandal, ‘Operation Branchform’). These are of course extremely serious criminal offences and must be investigated by an external police force, not by the SG’s minister Lord Advocate Bain and the SG’s personal prosecution service COPFS. Please provide an incident number for the Police Scotland offences on the obstruction of justice and state what arrangements are being made for their lawful independent investigation by an external police force. This is part of the biggest scandal in mainland UK policing.
3. Freedom of Information Act Scotland 2002 – 20 Working Days Response Required for 22 September 2024
3.1 Has the Scottish Government and its agents had any involvement in the investigation and handling of the case of corporate homicide by the Scottish Government? Yes or No? This would include Lord Advocate Bain, First Ministers Sturgeon, Yousaf and Swinney, and their ministerial-led government department the Crown Office and Procurator Fiscal Service (COPFS) and anyone acting on their behalf. We already know that there has been SG involvement.
3.2 Please state who has been involved from SG and COPFS, and any of their agents. As you know all Scottish Ministers (and their staff) are prohibited by statutory law (e.g. section 5 Police and Fire Reform (Scotland) Act 2012) from directing or interfering with and seeking to influence police investigations. It will require an independent criminal investigation of those bodies and individuals to be carried out by an external police force.
4. Cessation of Office For your role in obstructing the lawful investigation of the thousands of Covid-19 deaths in Scotland you cannot command the confidence of the people of Scotland. This is irrespective of criminal offences that are associated. It seems impossible for you to continue in office. There cannot be policing by consent if there cannot be the public confidence. ASAP-NHS have done an outline case for the impeachment of chief justice Lord Carloway. This is for his obstruction and prevention of the legally-required independence of the judiciary. Also for operating an unfair and unlawful system of trials, for operating an unlawful system of handling and investigating deaths, and for numerous other crimes and misdemeanours. Impeachment is also applicable to chief constables.
5. Covering- up Patient Safety Deaths An even bigger issue than the pandemic is the rolling catastrophe of patient safety deaths in Scotland. There will be about 2,000 reasonably preventable premature deaths a year in Scottish healthcare and related social care. These are due to the policy of SG since 2007 (including that of their rogue National Clinical Director Mr Leitch) of ignoring the statutory law that applies. Police Scotland and the senior management of the Scottish Police Authority have been involved in covering up patient safety deaths in its direct ministerial report NHS Scotland and have been shielding the government. These unlawful deaths are evidenced by internal NHS Scotland reports. They include Iain Livingstone’s role in covering up the ’40 Suspicious Deaths at NHS Ayrshire and Arran’, ‘One Patient Safety Death Every Four Days at NHS Greater Glasgow and Clyde’, ‘ One Patient Safety Incident Every Day in NHS Lothians.’ Currently we have a test case at NHS Ayrshire and Arran. This involves Police Scotland unlawfully colluding with SG on covering up a patient safety death.
6. The Scottish Government’s Black Hole PS has been complicit with SG in making the 16,000 plus Covid-19 deaths vanish into a black hole. The first Covid death occurred at the start of March 2020 and not one has seen the light of day. Notoriously and unlawfully Scotland does not even have a HM coroner system or an equivalent. The Scottish government’s Fatal Accident Inquiry (FAI) is unlawful, unconstitutional and dysfunctional. There only about 30 a year and deny justice by taking years, there is not the required learning. They are an insult to the people of Scotland. This is not lawful; life is treated as cheap in Scotland, this is not civilisation.
7. Scotland’s Unlawful Systems of Policing and of Justice We have pointed out elsewhere that Scotland fundamentally and extensively does not have a lawful system of policing, or of justice. Both are required to be placed in special measures. Because of their unlawfulness and dysfunctionality they could collapse at any time. This is all part of the worst failure in Scottish and UK legal history. A route cause is that the Scottish legal profession for decades has operated in cultural isolation, without compliance with ECHR, and without competence.
8. ‘Scotland’s Watergate’ This unravelling startedwith a healthcare worker, a member of ASAP-NHS finding that an incident of a mental health patient absconding from a secure unit at NHS Ayrshire and Arran had not been properly investigated. The Scottish Information Commissioner Kevin Dunion found that the board had been covering up all the patient safety incidents including many deaths. These reports included ’40 Suspicious Deaths’. They were covered by the BBC Scotland’s health correspondent Eleanor Bradford. These deaths were then again covered up by senior officers of Police Scotland acting under unlawful direction from Scottish government ministers the Lord Advocates Mulholland and Wolffe acting within SG under SFMs Salmond and Sturgeon. This was the tip of the iceberg. There were thousands of patient safety deaths occurring across Scotland and almost without exception unlawfully vanish. The government ministers and COPFS under the SFMs were unlawfully running what must be independent judicial processes. There was and is no lawful system of investigating deaths nor of prosecutions, there is no system of fair trial. As the prosecutor in Scotland the Scottish government unlawfully operates outside the law. ‘Enemies’ get prosecuted (e.g Alex Salmond), whilst the government and its friends go free. In constitutional terms this is an elected lawless dictatorship, such are conventionally referred to as ‘The Tyranny.’ These patient safety deaths were the precursors of the Covid-19 pandemic where the law was again ignored. SFM Sturgeon disregarded the UK-wide law on dangerous pathogens. ASAP-NHS repeatedly reminded Sturgeon and her ministers right up to the start of the pandemic. Consequently Scotland and the rest of the UK, were the worst for deaths in Europe and the second worst, after the US, globally. This has laid waste the SG approach to public safety and to the pandemic. It has shown that Scotland does not have a lawful system of justice. Nor does it have a lawful system of government. ASAP-NHS pointed out the law and the issues to SFMs, to other ministers, Holyrood, the judiciary, chief constables, and the Scottish Police Authority, but they all ignore the law, and the rule of law. There is not the required separation of the powers in Scotland.
9. ECHR and Scotland Act 1998 With sections 57 and 58 of the Scotland Act 1998 and with fundamental and fatal errors in the Act, the overarching power and responsibility of resolving the rampant unlawfulness lies with the UK government.
- This is not going away. How did you think that you could get away with aiding and abetting the Scottish government in seeking to hide thousands of deaths and in its gross criminality? ASAP-NHS has done the obvious comparison of the Scottish ‘justice’ system with that of 1930s Germany. Chillingly there are twenty major similarities; a compliant police force is just one.
As you should recall I had a role as a statutory regulator of three police forces (collectively the size of Police Scotland). (That included of their chief constables). I was part of the HSE team that introduced the application of health and safety law to policing (Police (Health and Safety) Act 1997). With Cheshire Constabulary I carried out the first inspection and safety management audit of a police service. I do know something of policing. With Police Scotland it is difficult to believe that such an unlawful force and system of policing could exist in the UK. When this inevitably comes out it will be very damaging. By due process it should be expected that this is the end of Police Scotland and the Scottish Police Authority in their current form. (Due to a fundamental error in the Scotland Act 1998 it can be readily argued that legally Police Scotland does not even exist).
Solutions are available.
Regards
Roger M Livermore
Ret HM Principal Inspector (8 titles) and Crown Prosecutor
CC Rt Hon Ian Murray MP Secretary of State for Scotland, Scotland Office
Kirsty McNeil MP Under Secretary of State, Scotland Office
Rt Hon Dame Diana Johnson DBE MP Minister for Policing
Scottish Affairs Committee
Douglas Ross MSP Leader Scottish Conservatives
Anas Sarwar MSP Leader Scottish Labour
Alex Cole-Hamilton MSP Leader Scottish Liberal Democrats
Lorna Slater and Patrick Harvey MSP, Co-Leaders Scottish Greens
Rt Hon John Swinney MSP Scottish First Minister
Stephen Parkinson DPP, Crown Prosecution Service
David Hamilton Scottish Information Commissioner
Sarah Albon, CEO Health and Safety Executive
Gavin Stephens Chief Constable National Police Chief’s Council (NPCC)
Andy Cook QPM DL Chief Inspector, HM Inspector of Constabulary and Fire Service
SNP Minister Bain Interfering with SNP Finances Investigation & the Election
Date: 21 June 2024
From:
Roger M Livermore
To:
firstminister@gov.scot;
douglas.ross@scottishconservatives.com;
anas.sarwar.msp@parliament.scot;
alex.cole-hamilton.msp@parliament.scot; Patrick.Harvie.msp@scottish.parliament.uk;
Lorna.Slater.msp@parliament.scot;
jackie.baillie.msp@parliament.scot;
Meghan.Gallacher.msp@parliament.scot; Willie.Rennie.msp@scottish.parliament.uk;
presidingofficers@parliament.scot;
editor@holyrood.com;
sky.today@sky.uk;
today@bbc.co.uk;
stvnews@stv.tv;
connor.gillies@sky.uk;
kathryn.samson@itn.co.uk;
permanentsecretary@gov.scot;
leader@labour.org.uk;
leader@libdems.org.uk;
Ash.Regan.msp@parliament.scot;
cc.office@scotland.pnn.police.uk;
enquirypoint@copfs.gov.uk;
enquiries@spa.pnn.police.uk;
contacthmicfrs@hmicfrs.gov.uk;
hmics@scotland.gov.uk; enquiries@pirc.gov.uk; judicialofficeforscotland@scotcourts.gov.uk
Cc:
scottish.ministers@gov.scot;
newsdesk@scottishnews.com;
covidfamiliesforjusticeuk@gmail.com;
scottishcovid19@aameranwar.com;
contact@covid19.public-inquiry.uk;
joanna.mortimer@covid19inquiry.scot; SCDCovid-19NationalDeathEnquiries@scotland.police.uk; Sandesh.Gulhane.msp@parliament.scot
Subject: SNP Minister Bain Interfering with SNP Finances Investigation & the Election
Dear All
As you will be aware, the 1st of July 2024 constitutes 25 years of devolution, the Scottish Parliament, and the Scottish Government. To mark it Lord Advocate Bain and their Scottish Government have been responsible for an unprecedented level of unlawfulness and corruption. This has the added effect of interfering with the fairness of the current UK election.
The SNP Minister Dorothy Bain has unlawfully been interfering with the Police Scotland investigation into SNP finances, Operation Branchform. All Scottish ministers including Bain are prohibited from interfering with Police Scotland investigations by section 5 Police and Fire Reform (Scotland) Act 2012. https://www.legislation.gov.uk/asp/2012/8/section/5
5 Directions
(1)The Authority must comply with any direction (general or specific) given by the Scottish Ministers.
(2)A direction may not be given in respect of—
(a)a specific operation being or to be carried out by the Police Service, or
(b)the way in which the Police Service is carrying out (or is to carry out) a specific operation.
There are no exemptions. It requires that Bain be suspended and that they and their line manager the head of their government First Minister John Swinney are referred to an external police force and likewise prosecutor. This cannot involve Bain’s ministerial-led government department COPFS.
Bain and the SNP government department COPFS are unlawfully interfering with and have delayed the Police Scotland investigation into the SNP and its finances. This has also delayed the expected charge against former First Minister Nicola Sturgeon until after the UK election. Bain and their COPFS all being part of the SNP government cannot of course judge the SNP. The investigation and decision on prosecution has to go to an independent lawful prosecutor. To make matters even more absurd it was Sturgeon who appointed Bain.
Since assuming office Lord Advocate Bain has been constantly and unlawfully shielding their SNP government. This has involved extremely serious breaches of ECHR, HRA 1998, the Constitutional Reform Act 2005, and the Judiciary and Courts (Scotland) Act 2008. Bain and her SNP government department COPFS can never be in a position to judge themselves or matters that they have an interest in. It is also unlawful under nemo judex in causa sui.
Bain has been blocking the investigation into the large number of patient safety deaths in their government’s direct report NHS Scotland; and into the 100 baby deaths in Scottish maternity services every year.
Bain has been preventing the legally required independent investigation into the thousands of Covid-19 deaths. The first Covid-19 death in Scotland was announced on the 13 March 2020. Since then Bain and her predecessor James Wollfe have conspired with Police Scotland to ensure that all of the 16,000 Covid-19 deaths have unlawfully vanished into a black hole. This is via the joint Scottish Government-Police Scotland’s very effective cover-up operation – the Covid Deaths Investigation Team (CDIT). With the involvement of the government CDIT is an extremely unlawful operation. For the SNP government and its Police Scotland to be involved in the cover-up of thousands of deaths should mean the end of both. But here in Scotland the law does not apply, the Scottish government with Bain and SFM Swinney run the prosecution system. They will not, and of course cannot prosecute themselves. This is an insane and unlawful justice system.
For over a year Bain has been interfering with and obstructing the ASAP-NHS case against their Scottish government for corporate homicide. This is under the Corporate Manslaughter and Corporate Homicide Act 2007.
This is political interference of the highest order by Bain and their SFMs Sturgeon, Yousaf and now Swinney. The tests of being a democracy are of course failed.
It has been repeatedly demonstrated the major criminal offence by this SNP minister Bain. I totalled up over 15 types of serious offences. SFM Sturgeon and Yousaf refused to act. Bain unlawfully continues in office to commit further crimes. SNP Minister Bain constantly interferes with the legally required independence of judicial processes, and of the judiciary. Ironically, Bain can justifiably claim to be the most prolific offender in Scottish legal history. Their position is indefensible. Bain and predecessor Wolffe have perverted policing in Scotland such that chief constables have been involved in the worst cover up in Scottish and UK legal history.
Today in Northamptonshire their chief constable was dismissed for wearing a medal that he was not entitled to. The authority said that the CC’s behaviour would cause severe and lasting damage to the force. Here in Scotland chief constables conspire with the SNP government to cover up thousands of deaths. That should flatten Police Scotland’s reputation and credibility. There can be no justifiable confidence in a force that acts with such extreme corruption. What can the Police Scotland CCs have been thinking of? I have regulated police forces and I cannot imagine a force in the rest of the UK considering acting like Police Scotland and its Scottish Police Authority. It is policing madness.
Yours sincerely
Roger M Livermore
Ret HM Principal Inspector (8 titles) and Crown Prosecutor
Devolution Act 1998 Abolished the Rule of Law in Scotland
28 March 2024
FAO Prime Minister Rt Hon Rishi Sunak MP
Dear Prime Minister,
1. Summary
Unconstitutionally and unlawfully the Scotland Act 1998 abolished the rule of law in Scotland. It also unconstitutionally removed the separation of the powers. This made it impossible for Scotland to have a lawful, constitutional, or functioning justice system. This should be guaranteed to be the biggest failure in Scottish and UK legal history.
Inter alia, the Act unlawfully transferred what must be independent judicial processes (criminal prosecutions, the investigation of deaths, private prosecutions) over to the control of the Scottish Government. The Act produced a political and unlawfully party-controlled justice system, an unlawfully government-controlled police force, and an unlawful government-dependent judiciary.
With the Scottish Government as the prosecutor, the Act created a government outside the constraints of the law (sections 44 and 48). The government cannot enforce the law against itself, or prosecute itself. The rule of law vanished in Scotland on the First of July 1999.
2. Substance
The Scotland Act 1998 remarkably abolished the rule of law in Scotland. In the totality this has extremely serious consequences for Scotland but it also places the UK in breach, and with it further international implications. https://www.legislation.gov.uk/ukpga/1998/46/contents
The first and main requirement of the Rule of Law is that no-one can be outside the law, and especially not a government. The Scotland Act 1998 made the Scottish Government the prosecutor and the investigator of deaths, and thereby unconstrained by, or answerable to the law.
Section 44 The Scottish Government
(1) There shall be a Scottish Government, whose members shall be—
(a) the First Minister,
(b) such Ministers as the First Minister may appoint under section 47, and
(c) the Lord Advocate and the Solicitor General for Scotland.
Section
48 The Scottish Law Officers
(5) Any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person.
48(5) confirms that the Scottish Government ministers the law officers run the judicial processes of prosecutions and deaths. They are always the government. The second half point to the constant offences by the law officers who act on the advice and information from the Scottish Government’s ministerial-led department the COPFS, which is even staffed by government officers. The roles of being both the head of prosecutions and the head of the investigation of deaths in any case contain a conflict of interests and must be separate.
These two sections of the 1998 Act remove the separation of the powers and abolish the rule of law. As the prosecutor the government cannot prosecute itself (this is an extreme case of nemo judex in causa sui). Governments are prohibited from being the prosecutor by a whole raft of constitutional and human right law (ECHR, HRA, Constitutional Reform Act 2005, and in Scotland additionally the Judiciary and Courts (Scotland) Act 2008, and by common law).
3. Scottish Government Unaccountable to the Law
The Scottish Government being the prosecutor is unlawfully unaccountable to the law. This also applies to its direct ministerial reports NHS Scotland, the Scottish Prison Service, and other associated bodies. One part of the Scottish Government cannot prosecute another part of itself. The governance of the government minister the Lord Advocate and their COPFS and all these bodies is the same – they lie with the Scottish First Minister. It is entirely the SNP Government. The Scottish First Minister is unlawfully also outside the law. The government would be both the prosecutor and the prosecuted. It would be the government’s prosecutor Lord Advocate Bain vs the SNP government’s legal representative Lord Advocate Bain. Question ‘How can the Scottish Government and its Ministers be prosecuted?’ Answer ‘Currently unlawfully they cannot be.’ So the SNP Government and its bodies ignore the law with impunity. Major cases are on patient safety and the related 2,000 deaths a year. They and the Health and Safety Executive in Scotland also ignored the UK-wide law on dangerous pathogens. That resulted in the Scottish Government’s approach to infection control (sic) via the Scottish- dominated Four Nations IPC Cell adopting Scotland’s homicidal National Infection Prevention Control Manual (NIPCM). This being catastrophically imposed all the UK. That can be guaranteed to be responsible for many thousands of Covid-19 deaths across the UK.
4. Cause
The Scotland Act 1998 has a number of major errors, the removal of the rule of law and the separation of the powers are fatal ‘schoolboy’ errors. The unlawful Act (Bill) was created by the Scotland Office and presumably by its law officers the then Lord Advocate and Solicitor General. They decided that they wanted to be ministers as well as prosecutors. The Bill was rushed through Westminster without the requisite scrutiny when creating a new Parliament and system of government the requisite scrutiny when creating a new Parliament and system of government (Hansard shows warnings of creating ‘a Titanic’ but these were ignored). Current Deputy Speaker Dame Eleanor Laing DBE MP was Shadow Secretary of State for Scotland at the time. She (and colleagues in the House of Lords) voiced concerns, and may wish to comment).
5. Consequences
Westminster exceeded its powers by removing the rule of law. It gave the control of what must be independent judicial processes such as prosecutions and the investigation of deaths over to the government of the day. It removed the separation of the powers. It produced unlawful judicial processes, an unlawful government- dependent judiciary (the government decides what cases the judges get or do not get (aka ‘enemies get prosecuted, friends go free’), and an unlawful government- controlled system of policing (see below).
6. Scottish Legal Profession
The Scottish legal profession has long known of the fatal errors in the Scotland Act 1998. They would have known right from the start in 1999 that it was unlawful, unconstitutional, dysfunctional, and corrupt for the Scottish Government to control the justice system. The senior judges of the Court of Session made a representation to the Calman Commission (ten years of devolution) but nothing happened. The judges and the justice system continued on their unlawful way, until now. Nothing has happened on Scotland’s unlawful justice system and so we now have an extreme example of ‘boiled frog syndrome.’
The Lord Advocates and Solicitor Generals also knew that the justice system was fatally flawed. ASAP-NHS pointed out the obvious to Lord Advocates Mulholland, Wolffe, and Bain. All Scottish Government Ministers and First Minsters would have known that it was completely wrong and unlawful for the government to control the justice system . If they did not then they should never have even been MSPs.
7. Lost Democracy
Democracy requires the rule of law (and the separation of the powers). For example by the Copenhagen Criteria (and EU rules). Without the Rule of Law (or the separation of the powers) Scotland is not a democracy. So Scotland has not been a democracy since ‘Devolution Day,’ 01 July 1999.
Scotland is 1/12 of the population of the UK. However it has put all the UK in breach of the Rule of Law, and of international law (e.g. ECHR Articles 1, 2, and 6).
8. Chief Justices
The Lord President of the Court of Session is the head of Scotland’s judiciary. The position is highly problematic. ‘Judicial independence is (supposed to be) guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access’. This is not true. The Lord Advocate is the SNP government minister for prosecutions and the investigation of deaths. This in a government headed by the SNP Scottish First Minister. It is the SNP Government under the SFM that says what cases the judiciary get and what they do not get. The SNP decides who gets prosecuted and who is not. The SNP decide if any deaths are investigated. There is no HM Coroner or any equivalent (it is not the government-run thirty-a-year Fatal Accident Inquiries). The government via their COPFS and the Lord Advocate control most of the evidence in the judge’s courts. That is the Scottish judiciary are direct agents of the SNP government; it can never be the legally required independent judiciary. The Scottish justice system is rather obviously neither lawful nor constitutional.
It begs the question of what has the judiciary been doing? They have allowed the SNP Government to constantly interfere with the judiciary. This would appear to make them complicit in criminal offences by the Scottish Government (SFMs, Lord Advocates, Solicitor Generals, and civil servants in the ministerial-led government department COPFS). Has there been a worse failure of a judiciary in Scottish and UK legal history? How can judges countenance the absence of the rule of law in Scotland? It challenges what the five Chief Justices since devolution have been thinking. The issue is now with Lord Carloway. Anyone from outside of Scotland with even a little knowledge of the law let alone a law degree should find the ‘Scottish situation’ beyond belief. There has clearly been no external independent due diligence check of what the Scottish judiciary have been up to.
The Scottish judiciary is very small, it is in effect a mono-culture, operating in isolation, accountable to no-one. ASAP-NHS covers its almost total failure elsewhere. It is proving difficult to find anything at all that could be lawful. All the judiciary are dictated to, this by what the Scottish Government gives it and what it does not. The Scottish judiciary constantly acts with unlawful bias. They do not uphold the law of the land, particularly not on patient safety or dangerous pathogens as in the pandemic. This failure is responsible for tens of thousands of deaths in Scotland. The Scottish judiciary stand in opposition to the rule of law and the law on human rights (ECHR Articles 1,2, and 6). Their oath of office might as well not exist (Promissory Oaths Act 1868). There has not been a due diligence test of whether the Scottish judiciary upholds the law, delivers justice, and does so efficiently; it patently does not. It fails all the tests of being a lawful constitutional and functioning judiciary.
9. Rule of Law Ranking
The international standard for the rule of law is given by the World Justice Project.
Currently the UK is ranked at 18th. Scotland fails the Rule of Law tests and would be vying for bottom position in the European League.
10. Bingham Centre for the Rule of Law
ASAP-NHS have advised the Bingham Centre of the matters. It should be
shocking that the very obvious failures of the Scottish justice system have not been addressed. The Bingham Centre could be best placed to identify the means to ‘solve the Scottish situation.’
The current situation absolutely cannot continue. The Scottish justice system could collapse at any time and by tens of different ways. It requires the UK Government acting on the reserved Scotland Act 1998, and constitutional and human rights responsibilities to mount a disaster recovery operation on the Scottish justice system. Without it the UK will continue to be in breach of major international law. ASAP-NHS will be adding to our previous reporting on ‘Scotland’s Unlawful Justice System’.
Yours sincerely
Roger M Livermore
HM Inspector (8 titles) and Crown Prosecutor
From: Roger M Livermore
To: Prime Minister <cabinet.secretary@cabinetoffice.gov.uk>, speakersoffice@parliament.uk, commonsleader@cabinetoffice.gov.uk, leader@labour.org.uk <leader@labour.org.uk>, leader@libdems.org.uk, m.hunt@binghamcentre.biicl.org, j.king@binghamcentre.biicl.org, Lord Carloway <judicialofficeforscotland@scotcourts.gov.uk>, Alister.Jack.MP@parliament.uk, enquiries@ukgovscotland.gov.uk, Douglas Ross <douglas.ross@scottishconservatives.com>, Sarwar A (Anas), MSP <anas.sarwar.msp@parliament.scot>, Cole-Hamilton A (Alex), MSP <alex.cole- hamilton.msp@parliament.scot>, lawscot@lawscot.org.uk <lawscot@lawscot.org.uk>, enquirypoint@copfs.gov.uk, cc.office@scotland.pnn.police.uk, sarah.albon@hse.gov.uk, General Account Secretariat <general-account.secretariat@hse.gov.uk>, Jonathen.Grey@hse.gov.uk, solicitors@covid19.public-inquiry.uk <solicitors@covid19.public-inquiry.uk>, contact@covid19inquiry.scot <contact@covid19inquiry.scot>, FirstMinister@gov.scot <firstminister@gov.scot>, permanentsecretary@gov.scot <permanentsecretary@gov.scot>
CC:Bona Fide <asap.correspond@gmail.com>, Presiding Officers <presidingofficers@parliament.scot>, ago.correspondence@attorneygeneral.gov.uk, Scottish Legal News <newsdesk@scottishnews.com>, newscommissions.scotland@bbc.co.uk <newscommissions.scotland@bbc.co.uk>, today@bbc.co.uk, stvnews@stv.tv, news@channel4.com, kathryn.samson@itn.co.uk, connor.gillies@sky.uk, media@gbnews.uk, hello@scottishhumanrights.com <hello@scottishhumanrights.com>, media@equalityhumanrights.com, lawinaction <lawinaction@bbc.co.uk>, Enquiries <enquiries@cps.gov.uk>
Dame Eleanor Laing DBE MP Deputy Speaker
Rt Hon Penny Mordaunt MP Leader pf the House, Cabinet Office
Rt Hon Sir Keir Starmer KCB KC MP Leader of the Opposition
Sir Ed Davey MP Leader of the Liberal Democrats
Murray Hunt Director of the Bingham Centre for the Rule of Law.
Professor Jeff King Research Director, Bingham Centre for the Rule of Law
Rt Hon PC FRSE Lord Carloway Lord President of the Court of Session Lord Justice General
Rt Hon Alistair Jack MP Secretary of State for Scotland Douglas Ross MP MSP Leader Scottish Conservatives Anas Sarwar MSP Leader Scottish Labour Party
Alex Cole-Hamilton Leader Scottish Liberal Democrats Rt Hon Lady Paton Scottish Law Commissioner
Rt Hon Dorothy Bain KC Lord Advocate, Head of the SNP Government’s Prosecutions Service and Investigation of Deaths
Jo Farrell Chief Constable Police Service of Scotland
Sarah Albon CEO Health and Safety Executive
Stephen Parkinson KC Director of Public Prosecutions, Crown Prosecution
Unlawful System of Policing in Scotland, Criminal Offences, Shielding the SNP Government, and Interfering with Elections
15 March 2024
General and Specific Successive chief constables of Police Scotland Sir Iain Livingstone QPM and now Jo Farrell have in effect unlawfully conspired with the SNP Government Minister for prosecutions and the investigation of deaths Lord Advocate Bain KC, and their unlawful government prosecution department COPFS, all under Scottish First Ministers Sturgeon and Yousaf. This in effect obstructs and perverts the course of justice. A specific is that since 01 March 2023 they have obstructed the case of corporate homicide against the Lord Advocate’s government for its homicidal handling of the SARS-CoV-2 pandemic. The SNP Government ignored the law on the control of dangerous pathogens, and warnings from ASAP-NHS. It engaged in acts and omissions that actively spread the virus rather than control it. This would have led to thousands of deaths. The Scottish Government’s homicidal policy was unlawfully adopted by the Four Nations (via the recommendations of the Scottish- dominated Infection Prevention Control Cell, ‘IPC Cell’) which would lead to tens of thousands of Covid-19 deaths across all the UK. Police Scotland and their governance the Scottish Police Authority have shielded the SNP Government and its reputation on the pandemic deaths, and on the thousands of patient safety deaths. These are very serious cases of interfering with the fairness of Holyrood and Westminster elections.
Police Scotland and Scottish Police Authority Over the years we have written extensively on this. Chief Constables have either not understood the basic requirements of policing or not wanted to. The Scottish Police Authority (SPA) are well aware of the main issues, for example Scottish Government ministers unlawfully and constantly interfering with what must be independent judicial processes. This is a constant breach of section 5 Police and Fire Reform (Scotland) Act 2012. This prohibits all Scottish ministers from directing the chief constable. ‘No matter, ministers can ignore the law. They cannot be prosecuted‘. The chair of SPA Martyn Evans and the Board have also ignored the ASAP-NHS warnings of what is a disaster in policing. SPA is complicit in the unlawful system of policing. SPA is open to action under ECHR, HRA 1998, the Constitutional Reform Act 2005 (as it applies to Scotland), and the Judiciary and Courts (Scotland) Act 2008. The SPA fails in its governance role of Police Scotland. It operates an unlawful system of policing. One that cannot justifiably command public confidence. Particularly as it acts as direct agents of the SNP Government. A prime example is the shielding of the Scottish SNP Government on the current corporate homicide case. SPA has ignored the fundamental problems and it is not fit for purpose. The SPA’s probable breaches of the above law should result in the enforced removal of the SPA board and senior management.
1. Fundamental Breakdown of Policing in Scotland
Following the ASAP-NHS reminder to you on your first day in office (01 October 2023, email) and six months in office, you should be aware that policing in Scotland is fundamentally and extensively unlawful. With the absence of the separation of the powers in Scotland it is also unconstitutional. Police Scotland are unlawfully a direct agent of the executive via the SNP Scottish Government ministers Lord Advocate Bain and Solicitor General Charteris. It is wholly dysfunctional as it has no legal basis for upholding the law (the Police and Fire Reform (Scotland) Act 2012 that created PS was even unlawful). Policing in Scotland is corrupt, i.e. wrong. With the Scottish Government being the prosecutor (via SFM Yousaf, Bain, Charteris, and the ministerial-led SNP Government department COPFS), the government unlawfully is outside the constraints of the law. It can never prosecute itself. We now have a prime example of the collapse of policing in Scotland with Police Scotland obstructing justice by shielding the SNP Government on the case of Corporate Homicide for its homicidal handling of the SARS-CoV-2 pandemic (Corporate Manslaughter and Corporate Homicide Act 2007).
I used to be a regulator of police services (GMP, Cheshire, Merseyside). In 1997 I was part of the introduction of the application of health and safety law to policing, the Police (Health and Safety) Act 1997. That covers the safety of police officers, and the risks from policing to the public, such as with the deaths of Lamara Bell (M9 crash/ control room failures), Sheku Bayoh (death in custody).
2. Corporate Homicide and Scottish Government
As you are fully aware you and your predecessor Sir Iain Livingstone QPM have conspired with the Scottish Government’s minister for prosecutions and the investigation of deaths Lord Advocate Bain KC. This is to obstruct justice and shield the Scottish Government on the case of corporate homicide on its homicidal handling of the SARS -CoV-2 pandemic. A recent development is that we now have confirmation that the Scottish Government’s homicidal approach to the control of dangerous pathogens led to many thousands of deaths across all the UK. Those in the rest of the UK would meet the criteria for corporate manslaughter. The Director of Public Prosecutions Stephen Parkinson KC and CPS are aware. As we pointed out Scotland’s National Infection Prevention and Control Manual (sic) NIPCM was extremely unlawful and dangerous. Following NIPCM would rapidly spread the virus and create death traps. The safety critical all-UK policy on infection control was made by the secretive Four Nations ‘IPC (Infection Prevention Control) Cell’ group. The representatives for both Public Health Scotland and Public Health England were fatally from the Scottish Government with its NIPCM. The adoption of the homicidal Scottish NIPCM followed across all the UK 12 March 2020. And so too did the many thousands of resultant deaths and cases of major harm. This issue is getting into the public domain. ASAP-NHS has names to investigate.
3. Unlawful System of Policing in Scotland
Police Scotland unlawfully constantly acts under unlawful instructions from the SNP Government (Ministers acting unlawfully). Ministers Bain and Charteris under SFM Yousaf constantly breach the prohibition of minister’s interference with and control over police investigations, section 5 Police and Fire Reform (Scotland) Ac 2012 (as well as constitutional and human rights law).
PS support a government outside the constraints of the law. They disregard crimes by SG. They do not investigate or proceed against the SNP Government.
PS are complicit in SG’s unlawful controlling of what must be independent (particularly of government) judicial processes of prosecutions and the investigation of deaths.
PS constantly and unlawfully interfering with the independence of the judiciary. This extremely unlawful situation was created by the ultra vires Scotland Act 1998. The Act created an ongoing avalanche of breaches of overarching law (ECHR, HRA 1998 etc.). Bluntly the Act by long-standing convention is null and void.
PS was created in 2013 by the Scotland Act’s Police and Fire (Scotland) Act 2012. An act made under an unlawful act is always unlawful. Legally Police Scotland has never existed.
4. Unconstitutional Policing
There is not the separation of the powers. The executive in Scotland control what the Scottish judiciary does and does not do. It is unlawful by a whole raft of law for a government to control judicial processes. Without the separation of the powers the Rule of Law cannot exist. The criminal offences cascade.
There is no lawful mechanism for upholding any law in Scotland. There is no lawful system of prosecution, or conviction. Legally there is no substance to policing in Scotland, nor has there been for the last 25 years (since 01 July 1999).
Chief Constables of Police Scotland (and governance of SPA) constantly act under unlawful instructions from SNP Government ministers (Lord Advocate and Solicitor Generals). Chief Constables must not act on unlawful instructions from Scottish Ministers (and their COPFS).
Chief Constables of Police Scotland (and SPA) constantly supports SNP Government’s unlawful system of prosecution.
Chief Constables of Police Scotland (and SPA) constantly supports SNP Government’s unlawful system of prosecution.
Due to the fatal errors in the Scotland Act 1998 (e.g. removal of the separation of the powers) the Act is unlawful, ultra vires, null and void. Legally it is as if it never existed. Thus would mean that no law made by Holyrood (this would be after 01 July 1999) exists. (An obvious result of the Scotland Act being ultra vires would be that the Scottish Parliament has never existed). (The analogy is that we are in the world of the Wizard of Oz).
The SNP Government exists outside the law, and Police Scotland are complicit.
5. Dysfunctional Policing
Policing in Scotland does not comply with the law/ legislation on policing ECHR, HRA, Constitutional Reform Act 2005, Judiciary and Courts (Scotland) Act 2008, Police and Fire Reform (Scotland) Act 2012.
Constantly acts as direct agents of the Scottish Government. PS put Scotland well into the police state spectrum.
Police Scotland operate within a wholly unlawful justice system. Other than judges appointed before devolution, there may not be much else that is lawful. Even those few judges would not act lawfully as the justice system itself is unlawful). There is seemingly nothing that is lawful. All Scottish Parliament created legislation would be ultra vires and can be challenged as it is made under an unlawful act. ASAP-NHS is returning to the absence of a lawful justice system in Scotland. There are over one hundred major errors in the Scottish justice system, the vast majority relate to unlawful acts and situations.
6. Corrupt (Wrongful) Policing
There is no need at all to get into the murkier activities of the publicises scandals. Below are matters of breaches of statutory law which operates with objective standards. They do not need opinion.
Cover up, inaction, no lawful investigation of ’40 Suspicious Deaths at NHS Ayrshire and Arran’.
Cover up, inaction, no lawful investigation of ‘One Serious Incident a Day at NHS Lothians.’
Cover up inaction, no lawful investigation of ‘One Patient Safety Death Every Four Days at NHS Greater Glasgow and Clyde.’
PS and the SG’s COPFS shield NHS Scotland and thereby SG. NHS Scotland being a direct ministerial report (Health Minister, section 1 NHS Scotland Act).
PS almost never follows the ‘Scottish Work-Related Deaths Protocol’ on patient safety deaths (or prison/ custody deaths).
Inaction on ‘2,000 Reasonably Preventable Premature Deaths a Year in Scottish Healthcare and Related Social Care’.
‘100 Baby Deaths a Year in Scottish Maternity Services’. Most of these deaths should be prevented if section 3(1) HSWA 1974 complied with. SG and the now removed Mr Jason Leitch National Clinical Director’s policy was to ignore the law. Mr Leitch can be seen as the most dangerous person in Scotland these last 17 years. The consequence of his policy would be about 30,000 reasonably preventable premature deaths in Scotland. Then thousands more with the pandemic. He would be in breach section 7 of the Health and Safety at Work etc. Act 1974. https://www.bbc.co.uk/news/uk-scotland-31914170 I was regulating healthcare and patient safety unaware that this was where and when Dr Shipman was at work. For comparison Shipman was responsible for about 300 deaths.
Police Scotland are involved in a joint cover-up operation with SNP Government (SFMs Sturgeon, Yousaf, Lord Advocates Wolffe, Bain and COPFS) to prevent the lawful independent handling and investigation of 17,000 Covid-19 deaths in Scotland. (Joint SG-PS Covid-Deaths Investigation Team, CDIT). Massive conspiracy by SG and Chief Constables and the Scottish Police Authority.
Police worked with Bain unlawfully dropping charges against Gillian Sturgeon the sister of SFM Nicola Sturgeon (Bain and COPFS’s boss) re violent conduct. https://www.bbc.co.uk/news/uk-scotland-58346778 This investigation should have gone to an independent lawful police force and prosecutor (yet another case of ‘the government and friends go free,’ ‘enemies get prosecuted’).
The Lord Advocate is the most prolific criminal in Scottish history. PS does nothing. There are sixteen major types of offences. Every day as a SNP minister they interfere with the independence of the judiciary. That means that Scottish judges are the constant agents/ puppets of the SNP Government.
7. Offences Related to Policing in Scotland
ECHR (Articles 1,2, and 6)
Human Rights Act 1998 (Articles 2 and 6)
Constitutional Reform Act 2005
Judiciary and Courts (Scotland) Act 2008
Police and Fire Reform (Scotland) Act 2012
Subjective common law offences also apply but the above are devastating enough.
8. Interfering with Free and Fair Elections
Police Scotland, the CEO and board of the Scottish Police Authority, the SNP Ministers Bain and Charteris together with the SNP Government’s COPFS, and the head of the government the SFMs, have for at least ten years been shielding the SNP Government. Collectively they have unlawfully placed the SNP Government beyond the law. They have also prevented them from being investigated let alone be prosecuted and convicted. The Scottish legal profession and the judges have been complicit in this unlawfulness. The most obvious example is the above case on corporate homicide and thousands of deaths. Another is the investigation into the SNP finances. The length of time that this is taking the SNP Government/ Ministerial directed Police Scotland and its COPFS is totally absurd. It is not complicated. It is not quantum mechanics. Incompetent, corrupt, both? This is ‘Operation Branchform,’ cannot even pick a decent name for the fiasco.
The absence of lawful independent judicial processes in Scotland allows this unlawful interference with justice. If the many major crimes of the Scottish Government (patient safety, the pandemic) were public they should have been highly damaging to the SNP. They would be a factor in the Holyrood May 2021 election and in the Westminster election of 2019. The legitimacy of many Scottish MSPs and MPs could be questioned. The Police Scotland/ COPFS shielding of the SNP Government presents a major risk to the lawfulness of the expected Westminster election of 2024 and the Holyrood election of 2026.
9. Absence of Law and of Regulation
The continuing major problems of policing in Scotland are due to the failure to comply with overarching law. This and the absence of regulation, and the absence of effective checks and balances. In effect they are all either very weak or missing. Those involved are SPA, HMICS, PIRC, HSE, Holyrood, SPSO, SHRC, EQRC. The situation of policing in Scotland is anarchic and yes it has strong similarities with Germany in the 1930s. Police Scotland with its unlawful dependency on the SNP Government puts Scotland well into the police state spectrum.
10. On policing, with Police Scotland and the SNP Government Minister for Prosecutions Bain and their COPFS being the offenders, how are the offences to be handled? Where is the lawful independent police force? Where is the lawful independent prosecutor? Currently in Scotland there is no lawful police force. There is no lawful prosecutor. This is part of the collapsing Scottish justice system. There are also cross-border consequences. No-one can lawfully be transferred to a place (Scotland) which does not have a lawful justice system (compare Scotland with Rwanda, we could well lose that comparison). We certainly do not have one that complies with Article 6 Fair Trial.
To whom can a criminal complaint against Police Scotland and the SNP Government COPFS be made? A specific is the obstruction of justice on the handling of the corporate homicide case.
Having presided over unlawful policing and the shielding of the SNP Government on corporate homicidal relating to many thousands of deaths, you and the SPA have self-disqualified from office. This is part of the worst failure in Scottish and UK policing.
Roger M Livermore, ASAP-NHS