On the margins

Most Scots live in the narrow corridor between Edinburgh and Glasgow, yet their country's identity s

Scotland the Brand has its easily identifiable markers: Balmoral, kilts, whisky and four-legged haggises. Scotland the Ridiculous has Billy Connolly and the Tartan Army. And Scotland the Political has the Barnett Formula, devised by the UK Treasury to ensure a fair allocation of public funds to the mysterious creatures north of the border, and seen by English taxpayers as a device for bleeding England dry.

But what of Scotland the Reality? The vast majority of Scots live in the narrow, 50-mile east-west corridor between Edinburgh and Glasgow. The world knows it well. It is the world of endemic sectarianism, Taggart, Trainspotting, grim housing estates, heart attacks and, almost incidentally, some of Britain's most renowned universities, medical schools and art galleries.

The Highlands, by contrast, are home to a tiny fraction of the population. Yet they contain a huge proportion of Scotland's land mass. On the two-hour journey from Perth to Inverness, the road skirts a chain of small towns to its east, but to the west lie only thousands of acres of hostile mountain and barren moorland. North of Inverness, the vast interiors of Caithness, Ross and Sutherland are virtually uninhabited. Mere fragments of the native population remain, as rare as the remnants of the great Caledonian Forest. Their ancient Gaelic language is lost, but the memory of past injustices still lingers.

Here, landowners are hated and poachers venerated, and crofters have jumped at the chance to arrange community buyouts of their native soil. The crofters of Assynt in north-west Sutherland set the precedent by buying out the loathed Vesteys.The people of the island of Gigha in the Inner Hebrides followed suit; and now crofter buyouts are flavour of the month. The days of Highland fiefdoms owned by City millionaires and reclusive pop stars are numbered. The land is going back to the people.

In the Highlands, distance renders prohibitive the cost of providing health clinics, ambulances and even GPs. Indeed, such is the cost of providing out-of-hours medical care that one Highland doctor is reputed to be the best-paid in Britain. The figure quoted is £300,000 a year: an exaggeration, no doubt, but denials are carefully worded.

In the Highlands, thousands of miles of road have to be maintained, under the most ferocious weather conditions, by a tiny number of council-tax payers. One redoubtable inhabitant of Raasay, an island adjacent to Skye, lobbied his local council for years asking for a road to his isolated hamlet. He eventually gave up, and started building the road himself. It was two miles long and 12 feet wide, up a steep, bouldered hillside, and he had only a succession of wheelbarrows (replaced as each one wore out), a sledgehammer, a shovel and a crowbar. It took him 20 years (1964-84), and the epic task was immortalised in a splendid book, Roger Hutchinson's Calum's Road.

This is the area, too, where the whole eco-nomy hinges on tourism. Once, hospitality to strangers was a sacred duty. Now, necessity has made it a commercial exercise. Crofts become caravan sites and homes become bed-and-breakfast establishments. The season is short, and at the mercy of the weather, the exchange rate and suicide bombers - and, while it lasts, the temptation to fill every vacant space with a lettable bed is well nigh irresistible.

On the margins of this Highland extremity lies another, even more extreme: the Western Isles. They have a population of 35,000 in total, and form a parliamentary constituency in their own right. Most Scots have never seen them. Fewer still understand them. This explains such stories as the one about the man from the north-west mainland who phoned NHS 24 (Scotland's NHS Direct) and was told to go to the A&E department of Lewis Hospital, a mere 30 miles away. NHS 24 didn't seem to know that this was 30 miles as the crow flies, and that even if he were a crow he would still have to fly over raging seas.

Electorally, this is one of Scotland's most marginal constituencies. The Tories have no support, apart from one of my sons, though it helps that their candidate is a local man able to chat up the cailleachs (Gaelic for venerable old ladies). There was such a Tory candidate once, in the Thatcher years, who had a fair old chat-up with one such voter. When he eventually rose to go. he said, "I'll be having your vote, then." "Yes, dear," said the cailleach warmly, "anything to get that woman out!" Her assumption had been that such a nice man couldn't possibly represent the Iron Lady.

In this constituency, language matters. It is the only one in the world where Gaelic is still a living tongue, and both the MP, Angus Brendan MacNeil, and the local MSP, Alasdair Morrison, are former stars of the Gaelic media. The SNP's candidate for the Scottish Parliament, Alasdair Allan, made history by being the first student ever to submit his PhD thesis in Gaelic. The one certainty in this election is that the successful candidate, whoever he is, will be sending his children to a Gaelic-medium school.

And here religion matters. The southern isles in the Hebridean chain are Catholic, the northern ones Presbyterian, but relations between them have never been marred by sectarian bigotry. On the other hand, neither group has been much impressed by Labour's record on so-called ethical issues. The islands will still not provide facilities for gay marriages and, in the current stand-off between Catholic adoption agencies and the government, Catholics and Protestants alike are backing the Church.

But religion will not be a key issue. This is a sophisticated electorate, its passions fuelled by incessant public debate. The issue currently dividing the community is the proposal to pepper the moors of Lewis with Europe's hugest windfarms. The opposition has formed itself into a powerful lobby group, Mointeach gun Mhuilinn ("Moorlands Without Turbines"), and there have been accusations of strong-arm tactics and intimidation. When one islander admitted his support for windfarms, the response was: "I'm glad to hear it. I'm for them, too, but I've been frightened to say it." A petition organised by Moorlands Without Turbines received 5,000 signatures; when Lewis Wind Power recently submitted a planning application for 181 turbines, there were 3,500 objections; and when the application was granted, the distinguished local broadsheet, the Stornoway Gazette, carried a whole page of letters, almost all of them anti.

Paradox of Union

One of the prevailing fears is the visual impact of these monsters, if situated close to villages. The obvious place for them would be the thousands of acres of uninhabitable peaty wilderness at the heart of the island, but there, it is said, the risk to birds is too great. As ever in the Highlands, we shall inconvenience the people instead.

For decades, the Western Isles was solidly Labour, the only rural constituency in Britain to show this trend. The socialist vote reflected the links between the islands and Glasgow, where Isles men worked in the shipyards and learned their politics from Red Clydesiders in the tradition of Keir Hardie, James Maxton and Emman uel Shinwell. Labour was the party of the poor.

It was also the party of the Union, and though the islands now teeter on the brink of separatism, this would have been unthinkable in the 1940s and 1950s. Decades of association with the Royal Navy, in peace and war, had bred a strong sense of Britishness. In fact, on the outbreak of the Second World War, a written answer in the House of Commons showed that one-quarter of Britain's naval reservists came from the Western Isles.

All this bred a lifelong pride in the British navy and a sense of Britishness that survived not only the Second World War, but also the fact that the casualty rate in the Western Isles was the highest in the country. Patriotism still flourished in the 1950s. I well remember one veteran expressing dismay at the weakness of the British response to some provocation from President Abdel Nasser. "And, of course," he said in disgust, "Britain sends a protest!" The man wanted to send a battleship. Few young islanders today could even begin to understand such a sentiment.

It is part of the paradox of the Union that the most neglected region in Scotland is the one closest to England: the Borders. Here is a farming community still traumatised by the most recent foot-and-mouth epidemic; and, in the midst of it, countless Edinburgh-dependent suburbs without a rail link to the capital.

How is this discontent manifesting itself? The odd thing is that it isn't. The Highlands have been eloquent advocates in their own cause, mobilising poets, novelists, journalists, dramatists and politicians to articulate their grievances. That's why the whole world knows about the Highland Clearances, Culloden and Glencoe. And that's why we've had the Highlands and Islands Development Board, the Crofters Commission, the Gaelic Broadcasting Committee, the Gaelic Books Council, Bòrd na Gàidhlig and even, for a time, a minister for the Highlands.

The Borders have had no such political structures. They've had their own clearances, their own land shortages and their own forced emigrations, but their discontent has found only a muted voice. They were once as famed for their minstrels as they were feared for their marauders, but the music has died on their lips. It probably died through loss of hope. The UK, including the rest of Scotland, feels guilty about the Highlands. It doesn't feel guilty about the Borders.

In the forthcoming election, the big battalions will be those of the central belt and of Scotland's media village. But Highlanders, Islanders and Borderers may hold the balance of power.

The author is is professor of systematic theology at the Free Church of Scotland College, Edinburgh

This article first appeared in the 26 March 2007 issue of the New Statesman, Scotland: Time to break free?

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Rough justice: who is looking out for the wrongfully convicted?

How internet sleuths - and secret courts - have changed the reporting of miscarriages of justice.

The letter from Whitemoor Prison in Cambridgeshire was in poor English but its message was clear. The writer claimed he was serving a life sentence for a murder that he had not committed. What was also clear was that this was no ordinary case. Not only was the victim a respected author and photographer who lived in one of the most expensive streets in London, but his alleged killer was the grandson of Chairman Mao’s third-in-command and an informant for MI6 whose entire defence at his Old Bailey trial had been heard in secret, with reporters excluded from the court.

It took some weeks to unravel the story of Wang Yam, who was convicted of the murder of Allan Chappelow at his home in Hampstead in 2006. Wang had supposedly broken in to Chappelow’s letter box at his front gate to steal bank details and, according to the prosecution, probably killed him when confronted. The victim’s body was discovered several days later.

In his letter, Wang claimed that because the press had been barred from reporting his defence he had not received a fair trial. With my colleague Richard Norton-Taylor, I wrote a story about the case that appeared in the Guardian in January 2014. Shortly afterwards, a former close neighbour of Chappelow contacted us to say that, after Wang was already in custody, someone had tried to break into his letter box, too, and that the intruder, when discovered, had threatened to kill him and his family. In April, the Criminal Cases Review Commission announced that, as a result of this fresh evidence, the case was going back to the Court of Appeal. It is now expected to be heard soon.

Even though no murder trial had ever been heard in such secrecy at the Old Bailey before or since, the media largely ignored the story. Tales of alleged miscarriage of justice don’t make many waves these days.

As it happens, Wang Yam’s referral to the Appeal Court came just as a large book entitled The Nicholas Cases arrived in my mail. It is by Bob Woffinden and the slightly obscure title is a reference to St Nicholas, better known as Santa Claus, who in early Byzantine times halted the execution of three innocent men and could thus claim to be the patron saint of the wrongfully convicted. And, boy, do they need a saint these days. The author takes ten cases, introduces us to the accused, tells their stories and shares the frustration of the convicted men and women as well as their lawyers and families.

Some of the cases may be familiar. Jonathan King, the former singer and music entrepreneur, was sentenced to seven years in 2001 for sexual offences against boys aged 14 and 15. What is less well known is that he was convicted not of offences relating to his original arrest, but of others that came to light as a result of the media publicity surrounding his case. Another case is that of Gordon Park, convicted of the murder of his wife, Carol, who disappeared in 1976 and whose body was found in Coniston Water in the Lake District in August 1997 (the media named it the “Lady in the Lake trial”). Park was convicted in January 2005. He hanged himself in prison and in despair in January 2010.

Other cases, such as that of Emma Bates, received less press coverage. In 2009 Bates was convicted of the murder of her violent and abusive ex-partner Wayne Hill in Birmingham. She killed Hill with a single stab wound in a confrontation at her home, and it is hard, reading her story, to understand why she is now serving a minimum of 15 years. Woffinden believes that all ten suspects should not have been convicted but he tells their stories in enough detail for one to understand why they were. Each tale unfolds like an intriguing television drama, with our judgements and preconceptions
of innocence or guilt tugged both ways.

Woffinden has ploughed an increasingly lonely furrow on the subject, following in the footsteps of two other campaigning authors. The first was Ludovic Kennedy, whose book 10 Rillington Place, published in 1961, exposed the wrongful hanging of Timothy Evans. The second was Paul Foot, who campaigned relentlessly in Private Eye, the Daily Mirror and in books on many cases, including that of the Bridgewater Four, convicted of the murder of a newspaper boy, Carl Bridgewater, in 1978. Woffinden produced a volume called Miscarriages of Justice
in 1987, and in 2015 he published Bad Show, in which he suggests that Major Charles Ingram, convicted of rigging the TV quiz show Who Wants to Be a Millionaire? by placing allies in the audience who coughed strategically, was innocent.

What is striking about Woffinden’s latest volume, however, is his criticism of the media on three counts. “It is not merely that the media fails to draw attention to wrongful convictions when they occur; it is not just that trials leading to these injustices are misleadingly reported; it is that, in some instances, the media itself has played a key role in bringing about the wrongful conviction,” he writes.

***

For over two centuries, the media have been crucial to both freeing and convicting innocent suspects in murder cases. In 1815 Eliza Fenning, a household cook, appeared at the Old Bailey, charged with attempting to poison her employers with arsenic in their steak and dumplings. It was suggested that she had done so after being scolded for consorting with young male apprentices.

She protested her innocence and a radical writer, William Hone, took up her case, visited her in Newgate Prison and launched a newspaper, the Traveller, to fight for her release. It probably did no harm to her cause that she was young and beautiful; the artist Robert Cruikshank drew her reading the Bible in her cell. It was all to no avail: Fenning was hanged. And yet, ever since, writers and journalists have taken up such cases.

Arthur Conan Doyle campaigned in the Daily Telegraph for George Edalji, ­convicted on the bizarre charge of disembowelling a horse in Staffordshire in 1903. Edalji, an Anglo-Indian solicitor, served three years’ hard labour but was eventually pardoned and concern about his conviction led partly to the creation in 1907 of the Court of Criminal Appeal. (Julian Barnes’s book Arthur & George is based on the case.)

Conan Doyle, too, was active in the campaign to prove the innocence of Oscar Slater, a German Jew convicted of the murder in Glasgow in 1908 of Marion Gilchrist, a wealthy, elderly single woman. Class and anti-Jewish prejudice clearly played a part in the police investigation, and the initial press coverage of the campaign to free him was dismissive. “Efforts most harmful and ill-advised are being made to work up popular feeling and to receive signatures with the object of obtaining a reprieve,” the Scotsman sniffed. “However amiable may be the sentiments that may have prompted some of those who have taken part in the movement, it is one that cannot be otherwise than mischievous and futile.” It took nearly two decades to prove Slater’s innocence. Scottish journalists played an important part in keeping the story alive.

Yet for many years there remained the feeling that such miscarriages of justice were very few. Those who sought to question convictions in contentious cases were often mocked, as was the case when the earliest doubts were expressed about the guilt of the Birmingham Six. “Loony MP backs bomb gang” was the headline in the Sun when the Labour politician and journalist Chris Mullin challenged their conviction. But with the vindication of the Birmingham Six, the Guildford Four, the Maguire Seven and suspects in other so-called “Irish cases”, there was finally a recognition that something was very rotten in the justice system.

There followed a flowering of investigations into dubious cases. In 1982, the BBC launched the TV series Rough Justice, which carried out investigations over the next quarter-century. Some of its journalists went on to found Trial and Error, which did the same for Channel 4 from 1993 to 1999. Concerns about the extent of such cases led to the formation in 1997 of the Criminal Cases Review Commission. It has since referred 629 cases back to the Court of Appeal, 414 of which had been successful; a further 689 cases are under review. But both Rough Justice and Trial and Error were discontinued, victims of media austerity.

Investigations into such cases take time and money. With broadcasters and news­papers forced to tighten their belt, there is little appetite for researching complex claims that may lead nowhere. Meanwhile, the introduction in 2013 of new rules affecting funds for criminal cases has sharply reduced access to legal aid lawyers. Lawyers also suffer from the arcane effects of the Criminal Procedure and Investigations Act 1996, with some solicitors still unsure about what can be released to the media.

There has been a change in the political climate, too. Tony Blair encapsulated this in 2002 when he said: “It is perhaps the biggest miscarriage of justice in today’s system when the guilty walk away unpunished.” The subtext to this is that we shouldn’t be too soft-hearted with every plea of innocence. This attitude is reflected in the way that even those who are eventually cleared on overwhelming evidence are treated.

Previously, victims of miscarriages of justice were compensated financially for their lost years. No longer. Victor Nealon, a former postman, was convicted of attempted rape in 1996 and served 17 years – ten years longer than his recommended tariff, because he continued to protest his innocence. In 2013, after new DNA evidence from the clothes of the assault victim pointed to “an unknown male” as the one responsible for the crime, he was freed with just £46 in his pocket. The Ministry of Justice has declined to compensate Nealon financially because, under the new rules, his innocence has to be proved “beyond reasonable doubt” – that is to say, someone else has to be convicted of the crime. It is an absurd state of affairs.

***

The internet – social media in particular – has given platforms and publicity to those who claim to have been wrongfully convicted. Yet, as Woffinden points out, the web has also had a negative effect, because there are now hundreds of sites dedicated to claims of miscarriages of justice. “The whole history of miscarriages of justice in the UK in the postwar era was based on the ‘top of the pile’ principle,” he argues. “A case reached the top of the pile. It was focused on; it was rectified. Another case then took its place at the top of the pile. Now there are far too many cases jostling for attention, with the result that no case gets adequate attention. As the newspapers’ ability to campaign on these issues has been weakened, so they are less inclined to publish stories that they think aren’t going anywhere.”

It is also much harder for journalists to meet people who claim to be victims. When I wanted to visit Kevin Lane, who has long protested his innocence of the 1994 murder of Robert Magill, shot in a hitman killing in Hertfordshire, it took months before officials granted permission. I was accompanied by a Home Office official and our entire interview at Frankland Prison in County Durham was tape-recorded.

Wang Yam, the MI6 informant, was told at Whitemoor after his story first appeared in the Guardian that he was not allowed to correspond with us again, though the Ministry of Justice claims this is now no longer the case. In the United States, a prisoner who wants to contact a journalist has an automatic right to do so, making investigative reporting much easier.

What about the Innocence Project? This US organisation was founded in 1992 and harnessed the energy of law students to investigate cases of alleged wrongful conviction. For a while, the idea flourished in Britain, too; Bristol University launched a version in 2004. However, such projects now struggle to overcome the same hurdles of access and resources as the media.

Not everyone who claims to be innocent is telling the truth, especially if the crime is especially heinous. One case which received much publicity was that of Simon Hall, who was convicted in 2003 of the horrific murder of Joan Albert, aged 79. It was taken up by Rough Justice after an active campaign on Hall’s behalf but then, in 2013, he told prison officials that he was guilty. In doing so, he gravely undermined the claims of many of the genuinely innocent. He hanged himself in prison the following year. As the former armed robber Noel “Razor” Smith notes in his wry poem “The Old Lags”, prison is full of people who claim they were wrongly convicted:

Yeah, I been stitched right up

It’s funny you should ask

I’m here for what I didn’t do

I didn’t wear a mask!

But there is little editorial outrage about a murder trial being held in secret and scant concern that so many dubious convictions slip by, unreported for reasons of economy, indifference or fashion. Contrast those sil­ences about the law with the apoplectic response to the Supreme Court decision last year to uphold an injunction against the Sun on Sunday reporting the names of the “celebrity threesome”. The Sun called it “the day free speech drowned” and quoted the Tory MP Jacob Rees-Mogg, who described the decision as “a legalistic hijack of our liberty”. The Daily Mail informed readers soberly: “Supreme Court judges yesterday declared that people in England and Wales have no right to know about the sex lives of celebrities.” As if. All that was missing was Tony Hancock: “Does Magna Carta mean nothing to you? Did she die in vain?”

***

Where now for wrongful convictions? Louise Shorter, a former producer on Rough Justice, sees a glimmer of hope. She now works for Inside Justice, the investigative unit attached to the prisoners’ newspaper Inside Time, that was set up in 2010 to investigate wrongful convictions. She acknowledges the current difficulties: “Unravelling a miscarriage of justice case can take a decade or more. Television wants a beginning, middle and end to any story and wants it now, and that’s hard to achieve when the criminal justice wheels turn so very slowly.”

Yet Shorter says that her phone has been ringing off the hook following two successful American ventures: the podcast Serial and the Netflix series Making a Murderer. In September, she presented the two-part BBC documentary Conviction: Murder at the Station, in which she investigated the case of Roger Kearney, who protests his innocence of the murder of his lover Paula Poolton. Her body was found in her car at Southampton train station in 2008. “The media finally latched on to what the public has known for years: real-life whodunnits – or did-they-do-its – always have been and remain immensely popular,” Shorter says.

As Wang Yam awaits his appeal hearing and hundreds of others hope that their cases are heard, let us hope that she is right and that we have not returned to the days when only a “loony MP” or the “mischievous and futile” could challenge the law. 

“We’ll All Be Murdered in Our Beds! The Shocking History of Crime Reporting in Britain” by Duncan Campbell is published by Elliott & Thompson

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit