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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU in thinking that there is no justice in Scotland?

50 replies

HectorlovesKiki · 05/02/2018 15:28

Here in Scotland, Mason's are above the law. I was assaulted by three people, one of them a Mason, the other's were the Mason's wife and the Mason's sister in law. What happened to them? To the Mason, nothing. If he had been prosecuted and found guilty of assault, he would have lost his job. To the Mason's sister in law, also nothing. To the Mason's wife, they made up a FICTITIOUS NAME for her, entered it into their various systems thus no "previous" came up and as a so called "first offence" she was merely issued with an "Adult Informal Warning" - in the fictitious name! She has a history of violence.

Also, to discredit me, Tayside Police (now Police Scotland) created an intelligence dossier on me, again, another piece of utter fabrication which stated that I had committed all sorts of sexual crimes which, had I been found guilty of, would have resulted in me serving a couple of life sentences. Not only did the Cops not prosecute me, they never even interviewed me! You couldn't make it up, but they did. I now have a PVG, (the Scottish safety check), despite having irrefutable evidence of my innocence, which means my career as a carer is destroyed as is my reputation and more importantly, my mental health.

I'm living proof that there is NO justice in Scotland. It's SO hard when every door to justice is slammed in your face. I feel utterly broken by it all. Just wanted to share.

OP posts:
Nicknacky · 05/02/2018 17:58

It doesn't mean that at all. It means there is insufficient evidence to establish guilt or innocence.

HirplesWithHaggis · 05/02/2018 18:03

It's actually "Guilty" and "Not guilty" that are alien in Scots Law, where the verdicts are properly "Proven" and "Not proven". And the verdicts mean just that - that the case presented by the prosecutor is either proven or it's not.

It's not "We know you're guilty but they didn't prove it", despite what some think.

ParkheadParadise · 05/02/2018 18:09

3 verdicts are available in Scottish courts.
GUILTY NOT GUILTY NOT PROVAN

ConfusedButInLove · 05/02/2018 18:12

Not proven still shows on any disclosure checks.
It means there was lots of circumstantial evidence to imply it was them but not to fully cement/ disprove their case.

As for the masonry reference I though that was a military thing until I googled it. And I live in Scotland. Blush

FrancisCrawford · 05/02/2018 18:13

This reply has been deleted

Message withdrawn at poster's request.

ConfusedButInLove · 05/02/2018 18:27

Not proven still shows on your disclosure.

twattymctwatterson · 05/02/2018 18:54

Masons are not above the law in Scotland. Whatever power they once held is long gone. I do think you need mental health support though

laura65988 · 07/02/2018 13:55

If you had reported assault why were police not helping u and supporting u instead they did a file on yiy and made things up it wasn't like u were a big catch to police it was an assault nothing major as for using false identity I also find this hard to believe I think u need to see ure mh worker as ure saying stuff that doesn't seem right or u have heard it wrong there is absolutely no need for police to make up ure alleged crimes if u are the one pressing charges asthey would be undermining the investigation from the start and u could sue them for making up things and lying in court this doesn't add up now uve lost job as it's on ure record if uve never been found guilty in court never stood before a judge how can they be on ure criimunal check that's alot of corruption going on for an assault

ParkheadParadise · 07/02/2018 14:34

Hope your ok op

Ledehe · 07/02/2018 14:41

A few facts here

  1. Masons are not above the law. Not all police/lawyers/judges are Freemasons and at the very least women can't join so your point is invalid. Your fight was with a man, who happened to be a Freemason, and 2 women.
  2. Your problem here is with the Procurator Fiscal. If they do not feel there is enough evidence or a worthy prosecution they will not carry through with at (also not all of them masons)
  3. If you have not been charged and found guilty or a crime it will not show up on your PVG check. You should see a lawyer about this.
Gemini69 · 07/02/2018 17:27

Woman can't JOIN Hmm omg

BarrackerBarmer · 07/02/2018 17:31

Are the two incidents linked?

The dossier of your alleged sexual crimes and the assault on you?

Ledehe · 07/02/2018 18:35

Freemasonry is a male only club. Like Brownies etc is sex segregated. Although who knows what will happen with that with the new gender identity laws....

Anyway my point was a huge chunk of the police force are not masons. Because they are women

NewYearNiki · 07/02/2018 18:37

They are also introducing the self identifying transgender crap and if passed want to inflict it on the rest of the UK.

Id agree. Shit place with no justice.

BakedBeans47 · 07/02/2018 18:41

You don’t have to prove innocence. If the case is proven beyond reasonable doubt then you find the accused guilty. If it’s not then you find them not guilty or not proven. It means the same as not guilty ie that the crown haven’t proved their case beyond reasonable doubt .

ParkheadParadise · 07/02/2018 19:17

NOT GUILTY IS NOT THE SAME AS NOT PROVAN

Ledehe · 07/02/2018 19:38

When I sat on a jury we were told by the judge you are only guilty if it is beyond reasonable doubt. Not guilty for if you believe they are not guilty. Not proven if the evidence does not stack up enough either way.

@ParkheadParadise I'm so sorry for what happened to your daughter and justice not being served to her murderer. The justice system needs a reform. You are told to only trust evidence if it is corroborated. How can that happen with rape and murder cases when there was only 2 people involved.

Nicknacky · 07/02/2018 19:57

Because there are other sources of evidence which can suppport a prosecution. Cctv, DNA, social media/text messaging to name but a few.

ParkheadParadise · 07/02/2018 19:58

@Ledehe

Thank you,I've found this thread upsetting if I'm honest. The Scotland legal system certainly needs to be reformed. In my daughter's case the police had spent months putting their case together. They were also devastated with the verdict.

titsbumfannythelot · 07/02/2018 20:55

So sorry for your loss @ParkheadParadise.

I can't believe that some perpetrators walk, or the same awful creatures that defend them time after time.

HectorlovesKiki · 08/02/2018 12:16

I'm ok thanks for asking. Sorry to hear about your daughter, truly. Her passing is bad enough but it's the added injustice of it all that can grind you down.

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HectorlovesKiki · 08/02/2018 12:17

Soz, that was to ParheadParadise.

OP posts:
ParkheadParadise · 08/02/2018 12:25

@HectorlovesKiki
Thanks, hope your ok.

G120810 · 13/02/2018 20:50

@bakedbeans47 as you are lawyer if your client came and told you this what would your opinion be and can someone lie about there name

HectorlovesKiki · 14/02/2018 12:29

FAO DrPill.
A Mason? It is simple deduction. He is a mason and so is the Police Inspector who dealt with this. (I live in small village.) The cops should have sent a report of my assault to the Procurater Fiscal who would then decide whether to prosecute my 3 attackers but because these people were being protected, the Cops never sent the PF a report. Simples. A crime goes unpunished.

The fake name appeared in documents I received after making a Subject Access Request under the Data Protection Act 1998 to Tayside Police.

FAO ShatnersWig.
Yes but my MSP is part of the problem. As it was being handled by the police she refused to get involved but did say that the PVG Act gave great power to individuals as it only takes one person to lie about you (a Doctor / Cop / Teacher/ Social Worker etc.) and that's you, destroyed. Also, it is the Scottish Ministers who decide if a person deserves to be PVG listed or not. I was "listed" immediately because of the cop's report. It then took over 18months for them to decide whether or not I was unsuitable to work with vulnerable adults. It is not in their interest to determine that a person awaiting listing be found "not guilty" of inappropriate or illegal behaviour because if they did, I would be looking to be compensated for over 18 months wages and the rest.

Voiceforreason.
The last Scottish Lord Chancellor was in 1707, I believe.

I complained about 10 issues to PIRC (Police Independent Review Commission) who upheld 7 out of my 10 complaints. Tayside Police Professional Standards wrote to me stating that they did not agree with PIRC's findings and as far as they were concerned, that was the end of the matter. Any further correspondence I sent them would be read and filed but not replied to and they simply closed my case. PIRC has no teeth.

Nicknacky.
Yes all three were interviewed but only one of them admitted assaulting me so it wasn't due to a lack of evidence because they had a guilty plea. The Inspector simply didn't send a report to the Procurator Fiscal so that stopped justice in it's tracks.

Leftfilange and lalalalyra.
For the record, I was never prosecuted, it never came to court.
Gemini69 is spot on regarding the "Not Proven" verdict.

Ledehe
I am living proof that what you are saying is factually incorrect. I am 100% innocent, I was never interviewed, never prosecuted, have NO criminal record, warnings etc. yet have a PVG listing. Over £10k spent on lawyer with no teeth.

BarrackerBarmer
Yes they are linked. I wanted my attackers to be prosecuted and refused to drop the issue. I sent many letters, made complaints and had meeting with the Police, all to no avail.
I applied for a job and received my PVG in the post with a host of dreadful allegations on it. I didn't know whether to laugh or cry it was so ridiculous. In the beginning it never occurred to me that I wouldn't be able to clear my name, I had done none of the things they alleged. Despite no evidence, no prosecution, nothing, this has been allowed to stand. It's like bashing your head against a brick wall.
For the record, the PVG system was dismissed by England and Wales because it took so long to determine whether a person should be listed or not but from the very beginning, they are not allowed to work so a nurse would be in the same position as me, it took 18months for them to decide I was guilty as hell. The Scottish Ministers could not admit that their Flagship legislation PVG didn't work so they sacrificed me and my livelihood.
A terrible injustice has been foisted on me and I cannot accept that this has happened to me but it has. Tell me, how would you feel? I am angry, frustrated, bitter and worn down by it all. Fighting for justice with the wealth of evidence I have, but noone listens. They know they've made a mistake of such magnitude that they're not prepared to do the right thing, just the thing which protects them.

My GP referred me to a Mental Health Professional because I wanted to get some CBT sessions to try to look at this in a different way but she stated that I didn't qualify for CBT because although I felt ground down by this entire saga, I was not suffering from any mental health problems so she couldn't refer me for treatment.

If anyone knows of a solicitor who doesn't mind locking horns with the Scottish Executive, please let me know because I haven't found one yet, having spent nearly £10k on a weak, timorous beastie of a lawyer.

Since I made this post, my awful nightmares have returned as has my anxiety.
What happened to me could happen to any innocent person in Scotland. I just can't cope with the injustice.

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