Ramblings of a Scottish Student

It has been reported today that Ian McGregor was “insane” (this is a legal concept) at the time which he attacked Dr Jackson in her Surgery in Glasgow.

Last week Judge Lord Carloway agreed with Defence Counsel’s submission that he was unfit to plead as a result of a stroke and ordered an examination of the facts to take place.

Today Lord Carloway has sent Mr McGreggor to Stobhill Hospital in Glasgow for psychiatric treatment and is considering whether to grant a restriction order without limit of time for the safety of the public.

It was revealed during the examination of the facts that Mr McGreggor believed he was the victim of a conspiracy by Dr Jackson and other doctors. He also believed that the Physiotherapist at Rangers Football Club (Dr Jackson’s husband) and his own Defence Counsel, Donald Findlay QC, were part of the conspiracy.

Mr McGreggor was originally charged with attempted murder, but this charge was reduced at the end of the examination of facts to a charge of assault to danger of life.

Lord Carloway said:

There is no doubt that at the time of the offence Mr McGregor was suffering from delusions and this had an effect on his reason.

However, he was able to function at some level. He made his way to the surgery having armed himself with a knife. He engaged in an apparently normal conversation before saying: ‘This is your end’ and repeatedly stabbed her with a knife.

The court feels it has no alternative but to accept the conclusion that on the balance of probability Mr McGregor was insane at the time. The court acquits him on the grounds of insanity.

A lecturer in Law at the University of Aberdeen has called for the re-examination of the case of Scotland’s most notorious serial killer, Peter Manuel.

Peter Manuel was executed inside Barlinnie Prison on 11 July 1958 having been convicted of killing seven people at the High Court in Glasgow.

At his trial he led his own defence and tried to convince the judge to accept his plea of insanity. Dr Richard Goldberg (University of Aberdeen Law School) has said that vital information about the mental state of Manuel might have been suppressed in order to ensure his execution.

The case files (for both the prosecution and defence) were sealed for 75 years in 1958 so it is likely that it will be sometime before the case is able to be scrutinised.

Dr Helen Jackson was repeatedly stabbed at her practice in Hyndland Road, Glasgow last year and today her alleged attacker was deemed “insane”, meaning he is unfit to stand trial. He has now been detained at a psychiatric hospital and Judge Lord Carloway imposed a temporary compulsion order on Mr McGregor.

It is reported that the accused had suffered a stroke which had left him unfit to plead in the case. Counsel for the accused, Donald Findlay QC, said: “it would not be right or fair for this man to be subjected to any kind of trial.”

In his ‘plea in bar of trial’ submission Mr Findlay QC said: “I could not and would not get instructions from him.”

Both the Defence and Crown psychiatrists were of the opinion that the accused was not in a state that could be deemed fit enough for him to stand trial.

In the middle of the submission by his counsel the accused rose to his feet and shouted, “”He is telling a pack of lies… My QC in this case is a big supporter of Rangers and so is one of my doctors… They are giving me the wrong kind of medication.”

There will be a factual examination of the facts in the case and it is expected that this will be held next week.

Today in Edinburgh, a learned decision was taken by two full time judges and a temporary judge sitting in the Criminal Appeal Court. They ruled that a sensible sheriff in Aberdeen had indeed been correct when he decided to throw out charges of carrying offensive weapons without lawful excuse against a student of the University of Aberdeen who worked part-time as a stripper. His character was Sergeant Eros, a Police Sergeant.

Originally the student, Stuart Kennedy, had also faced charges of impersonating a police officer, but these were later dropped by the Procurator Fiscal. The story is a long and very costly one.

It all started in March 2007 when Sergeant Eros (a.k.a Stuart Kennedy) was waiting outside an Aberdeen bar in preparation for his routine. Two police officers in plain clothes spotted him and asked if he needed any help. He told them that he was a stripper. They decided to take him in for questioning, but not before watching him perform his routine.

In April 2007 it was reported that Stuart Kennedy had been charged in relation to wearing a police uniform and equipment in public. At the time, Mr Kennedy told the BBC that he believed this was “not in the public’s interest” and judging by the amount of negative publicity it caused for the crown, neither did the public. He was still, at this time, unsure I it was to go to Court.

The impersonation charges were dropped in May 2007 when he appeared at Aberdeen Sheriff Court for the first time.

In November 2007, Mr Kennedy went on Trial at Aberdeen Sheriff Court. PC Fiona Duncan told the court about the encounter and how she and her colleague went into the bar to make sure they “could keep an eye on him”.

On the story goes and the charges relating to the weapons were thrown out by the Sheriff. Sheriff Kenneth Stewart said (at the time): “There is no evidence at all which even hints at the suggestion that he had any intention of causing harm or injury to other persons.”

The Crown announced it was to appeal this decision to the Appeal Court in Edinburgh (the highest and only place a Criminal Appeal in Scotland can go) on the grounds that Mr Kennedy’s work did not constitute a reasonable excuse.

Advocate depute Brian McConnachie QC, for the Crown, had argued that if the Sheriff Stewart’s ruling went unchallenged it could create a legal loophole for carrying weapons.

He went on to say: “We could have ninjas carrying nunchaku sticks or going [to fancy dress parties] as a ned carrying a flick knife.” (for those of you not familiar with the word ned, it’s the same concept as Chav)

Neither Kennedy nor his lawyers were at a hearing last week. However, it didn’t matter because today Lord Johnston, Lord Reed and temporary judge Gordon Nicholson QC announced that the Crown’s appeal was to fail.

The full judgement containing all their reasons will be available soon and I will link to it and comment upon it when it becomes available. As the Crown quite rightly said, nobody can comment with any authority until having read the full judgement of the court.

However, what I will say just now (and it is something I’ve said about this case all along) is that this was a complete waste of taxpayers money in a prosecution that should never have taken place.