From the BBC:
The former aide to [SNP] Education Secretary Mike Russell, who left his post after a row over an internet blog, has been charged with breach of the peace.
Mark MacLachlan, 47, quit his role after it emerged he had used the blog to smear political rivals…
It is understood police took the action in response to emails allegedly from the blogger to his former boss.
You can read the full story here.
7 Comments
Indeed this is a very scary story and bloggers must bear this in mind when posting political smears against their opponents.
Not that I have much sympathy for someone who smears people’s private lives, but what on earth is he being arrested for? Sending offensive e-mails to someone? Surely that would be harrassment?
Apparently, “The requirement which is found in English law [for a breach of the peace to have been committed], that there should be harm or a threat of harm to person or property, is not part of the law of Scotland.” Instead, “…what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.” (All quotes from Smith v Donnelly, §16, 17.)
Surely e-mails sent to one person, no matter how offensive, cannot “threaten serious disturbance to the community” because they are only sent to one person. The judgement in Smith v Donnelly argues that “breach of the peace” is a sufficiently well-defined crime to be aligned with the ECHR’s requirement that charges must define what the limits of acceptable are. But if the charge is used in such a catch-all way, can we really believe that?
Hi there a Lib Dem friend directed me here. (Yes I do have cross party pals) If you look closely you’ll see the blog has been opened since the 13th of December and there is nothing in the way of smear about it. Selective comments skewed through the News of the World prism do not an attack blog make. The latest take from our wonderful media is that it is a blog which ‘criticised politicians’.
The breach of the peace charge is the wishy washiest of charges, which the Procurator Fiscal in all likelihood will not forward to trial. The police have merely passed the buck. It has been suggested to me that this is possibly a ploy to hinder an Unfair Dismissal tribunal, where comments made there me be regarded ass subjudice.
regards
Mark MacLachlan
PS If memory serves me well I don’t think I ever mocked the Scottish Lib Dems other than Malcolm Bruce and his bizarre expenses claims.
http://the-universality-of-cheese.blogspot.com/
The fact that he happens to have a blog is largely irrelevant; it’s why he got fired, but this charge appears to be about some emails which we have not seen. We can’t pass judgement without seeing them.
Here it can be seen that this probably relates to allegations of veiled threats MacLachlan made in e-mails to Russell. If these are accurate, I can think of better causes to endorse.
None of this changes, though, questions of Russell’s original involvement.
Mark, seriously, take a vow of silence on this.
This is pathetic… someone I have no doubt is Mark has found my blog.
http://efrafandays.wordpress.com/2010/01/23/blogger-mark-maclachlan-arrested/
If he has been charged, this strikes as seriously stupid behaviour.
PS Sorry about the ealier double post.
Check out Fitaloon’s new friend:
http://diack.co.uk/fitaloon/2010/01/big-cheese-arrested