Carney v Hm Advocate
| Jurisdiction | Scotland |
| Judgment Date | 21 October 1994 |
| Docket Number | No 3 |
| Date | 21 October 1994 |
| Court | High Court of Justiciary |
JC
LJ-C Ross, Lords Morison, Kirkwood
Crime—Attempt to pervert the course of justice—Pannel entering witness room, looking at witnesses but saying nothing—Witnesses recognising pannel as friend of person accused and frightened by presence—Whether pannel's presence sufficient to justify conviction for attempt to pervert the course of justice
The pannel was charged with attempting to pervert the course of justice by intimidating Crown witnesses from giving true evidence against his friend at trial. The pannel was a defence witness but entered the prosecution witness room, sat down where everyone could see him and looked at them. He did not say anything but the witnesses recognised him as being a friend of the then accused and were frightened. The sheriff directed the jury that it was not sufficient that the pannel's presence induced fear in the witnesses and that the pannel had to have acted deliberately for the purpose of intimidating the witnesses. On being convicted, the pannel appealed to the High Court of Justiciary.
Held that the jury could have been in no doubt as to the fact that the mere presence of the pannel would not be sufficient to make him a participant in the crime and that they were not entitled to convict unless they were satisfied that he had deliberately behaved in a way designed to intimidate the witnesses and so pervert the course of justice; and appeal refused.
Paul Carney was charged on an indictment at the instance of the Rt Hon the Lord Rodger of Earlsferry, QC, Her Majesty's Advocate, the libel of which set forth, inter alia, that: “(3) You Paul Carney, snowing that persons were on 22 July 1992, at Falkirk sheriff court for the purpose of giving evidence as witnesses for the prosecution at a trial in the case against Jon Paul Callaghan and Albert Montgomery on a charge of theft, did on 22 July 1992 enter the prosecution witness room at Falkirk sheriff court, Main Street, Camelon, where said Martin Quinn, Tracy April Graham, Julie Cairns, and Kevin Francis O'Rourke were, adopt a menacing attitude towards them, position yourself in a seat in said room where all said persons were fully aware of your presence, look at said persons in a threatening manner, induce in them a fear of your presence and place them in a state of fear and alarm for their future safety and all this you did with intent to pervert the course of justice and for the purpose of intimidating said persons from giving true evidence to the court and you did thus attempt to pervert the course of justice.”
The pannel pled not guilty and came to trial before the sheriff (A V Sheehan) and a jury at Falkirk sheriff court.
After the Crown case closed, a submission of no case to answer was made by the defence. The sheriff repelled that submission.
After trial, the pannel was found guilty as libelled and appealed to the High Court of Justiciary by way of note of appeal against conviction.
The cause called before the High Court of Justiciary, comprising the Lord Justice-Clerk (Ross), Lord Morison and Lord Kirkwood for a hearing on 21 October 1994.
Eo die, at advising, the opinion of the court was delivered by the Lord Justice-Clerk (Ross).
Opinion Of The Court—This is the appeal of Paul Carney who went to trial along with a co-accused in Falkirk Street court on an indictment containing three charges. Charges 1 and 3 related to the appellant and charge 2 related...
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