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Sheriff resigns over claims he visited sauna

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Published Date: 23 November 2008
ONE of Scotland's most experienced sheriffs has stepped down following allegations about his private life.
Sheriff Andrew Lothian has retired with immediate effect following claims he had visited saunas.

Lothian, 65, who has been on the bench since 1979, stepped down on Friday. It is understood to have emerged that a tabloid Sunday newspaper planned to
run a story about Lothian.

Lothian, who will keep his pension, had been scheduled to hear a civil case on Tuesday and, despite his age, had no immediate plans to retire.

The Scottish Courts Service said yesterday: "He has retired with immediate effect following allegations that he visited saunas."

However, the SCS later said Lothian had retired "following allegations about his private life".

Lothian was regarded as one of Scotland's foremost sheriffs and legal minds. He was a regular writer and commentator on the law.

He became a sheriff in 1979 in Glasgow, where he served until 1992 before moving to Edinburgh. He graduated from Edinburgh University in 1965 and became an advocate in 1968.

Justice sources last night said his departure was a huge blow not just for Lothian himself but also for the reputation of Scotland's judiciary.

One said: "This is really tragic for him. He was due to retire soon anyway but he wouldn't want to go this way. He was a very respected sheriff and very senior. He'd been a sheriff long enough to get his full pension."

Lothian, in his 29 years on the bench, is understood to have dealt with numerous sex and indecency matters, recently hearing the notorious case of the Naked Rambler in the cells below Edinburgh Sheriff Court because the defendant refused to wear clothes.

Richard Baker, Labour's justice spokesman in the Scottish Parliament, yesterday warned that sheriffs or judges who faced allegations of visiting saunas could tarnish the image of a legal system which regularly deals with prostitutes.

He said: "This is very sad. This goes beyond questions of legality into the issue of the reputation of the judiciary, which is very important."

Sources last night stressed that sheriffs and judges who visited saunas could easily become prey to blackmailers.

Lothian had been at the centre of some of the highest profile and most important trials in sheriff courts in recent years.

Last year he was widely credited with forcing the resignation of the chief executive of NHS 24, the emergency medical telephone service, after finding that the death of a 20-month-old boy with meningitis "might have been avoided".

The victim, Kyle Brown, died after his mother was kept waiting 40 minutes for an NHS 24 adviser.

Lothian has a reputation as a fair and thoughtful sheriff, who was capable of being both lenient and tough, depending on the circumstances. He has come down hard on professionals who have strayed from the law, however.

Two years ago he branded a police officer a liar when, when over the drink-drive limit, he crashed his car into a neighbour's garage.

Scotland on Sunday was last night unable to contact Lothian.



Page 1 of 1

  • Last Updated: 22 November 2008 7:06 PM
  • Source: Scotland On Sunday
  • Location: Scotland
 
1

Fifi la Bonbon,

23/11/2008 01:14:18
I just want to say that I think it is incredible that you are allowing comments on this story.
2

Dr. James Wilkie,

Vienna 23/11/2008 01:40:36
I will not comment on the story, since I know nothing of the circumstances. However, Edinburgh must be unique in Europe in degrading the sauna to the level of sleaze that is now associated with it. Thousands of local authorities all over Europe provide saunas as part of their public health and recreational facilities, and they are as respectable as the Museum of Childhood. They are highly recommended by the medical profession. In Scandinavia, sauna-going is an activity for entire families. Maybe Scotland needs to grow up a bit more in this respect, but in Edinburgh it looks like a sweeping clean-up would be more appropriate.

3

Fifi la Bonbon,

23/11/2008 01:53:55
They aren't saunas, Dr James. They're brothels. It's just that the Evening News and other newspapers would get into trouble if they allowed advertising for brothels. So they call them saunas. But they aren't really. Do you understand?
4

Mercutio,

FALKIRK 23/11/2008 02:37:02
Regardless of what kind of Sauna the good Sheriff visited, he's "Finnished" now.
5

Ubi,

Edinburgh 23/11/2008 02:44:44
It is almost incredible that the state maintains its medieval position on prostitution. We could have acknowledged its uses, cleaned it up and regulated it. Instead our enlightened rulers seek to further criminalise this form of fornication. Inevitably they will simply displace the problem. Lord, if we must have a government in Edinburgh, another in London, another in Brussels and another in Washington, let them please not be composed of donkeys.
6

Guga II,

Rockall 23/11/2008 03:36:15
Personally, I couldn't care less whether a Sheriff makes use of prostitutes, but as long as the government maintains its backward attitude on prostitution, i.e. making it a criminal offence instead of regulating and controlling it, then Sheriffs, and police officers, have to be treated the same as everyone else.
7

KampungHighlander,

Jakarta 23/11/2008 05:01:11
#5

At least with prostitution you only pay for services rendered.

With Marriage you continue to pay whether services are rendered or not.

Hell, some even have to continue to pay even after the Marriage has ended.
8

drunken proffet,

Tassy 23/11/2008 06:36:16
It reminds me a bit of the Ricki Fulton gag where the Reverent Jolly went into a sauna and had a very pleasant massage with baby oil. At the end of the session the lassy leaned over him and asked "do you want the supersex now" After a moments contemplation the Reverend replied "yes, I'll have the soup". It could have been one of those saunas, and the Sheriff would have been better with a good sense of humour. It is something you really have to develop if you are going to become an OAP.
9

Thomas J,

Dunfermline 23/11/2008 07:44:33
Speculative Society of Edinburgh member number 1795 Andrew Lothian is no stranger to controversy and has been the unnamed sheriff in several articles in the tabloid press.

He is an eccentric or as the press would say a “colourful character” but he is not the first sheriff to have used the services of the capital’s sex industry and will not be the last to look for relief after a hard day on the bench dispensing justice.

This story does not surprise me. What surprises me is how anyone can think that the old-boy network that dominates the Scottish legal establishment can produce the best people for the job.
10

Pocket Dictionary,

23/11/2008 08:31:02

Owners of these establishments are usually charged with living off immoral earnings.

Everyone knows what goes on in them and presumably they pay business rates. Shouldn't the local council be charged with profiting from immoral earnings?
11

The Former Mr. Angry,

Perth 23/11/2008 08:44:42
It's a fine day today for sheriffs visiting saunas with a few inches of snow on the groud to help close the pores, or something.
12

Garry Otton,

ScottishMediaMonitor.com 23/11/2008 09:24:27
Nice to read some sane voices (except for the odd abolishonist feminist sidling up to like-minded religionists; always well served in a 'moral' media that's sales drop by the day!) The Sheriff should've come to Glasgow where violence against women is prolific and they are 'served' by a bus paid for by Brian Souter and manned by Pentacostals who 'love the sinner and hate the sin'. Pinch me. Is Queen Victoria still on the throne?
13

michael campbell,

scotland 23/11/2008 10:27:07
To view full list of Speculative Society visit www.lawfullawyers.co.uk
14

Dr No,

23/11/2008 10:30:57
It's a bad day when you have to resign for going to the sauna. I was going to go for a swim today but I don't think I'll bother. The man was only trying to keep himself nice and clean.
15

ddmc,

23/11/2008 10:33:59
i wish i could retire immediately when caught out, rather than be sacked or disciplined
16

Douglas,

Bathgate 23/11/2008 10:49:37
I'm sure he was only looking into the reintroduction of the birch.
17

FC Barcelona,

23/11/2008 11:04:46
#2 plonker, the saunas in scotland are not like the childhood museum ..... get yer facts right !!!
18

Douglas,

Bathgate 23/11/2008 11:59:06
......... a huge blow not just for Lothian himself but also for the reputation of Scotland's judiciary.

Have group rates ben negotiated?

The reputation of the judiciary would be enhanced if sentencing could be made to fit the crime.
No months for smuggling drugs concealed in the hood of a baby's top versus six months for walking on the grass at a football ground.
19

Helter Skelter,

23/11/2008 12:32:41
Was it because he visited female prostitutes that he had to resign ?

A huge blow for the scottish judiciary ? I think judges should be looked at individually...there are more than a few rascals out there dispensing scottish justice...certainly, many of those who hold judicial office in Scotland are very honourable men and women, but let's not kid ourselves that a few toerags don't slide under the radar.

Visiting a prostitute of itself doesn't make someone a toerag, although , whilst prostitution remains illegal, it does make them unsuitable for judicial office.

Lothian won't starve, and his true friends will not think any less of him....family get-togethers might not hold the same appeal for him, at least for a while.
20

Anthony,

Glasgow 23/11/2008 13:40:19
How does it go again? 'Let the one among you without sin cast the first stone'.
21

,

23/11/2008 13:40:41
Comment Removed By Administrator
Reason:
22

Brian Hill,

Edinburgh 23/11/2008 15:04:24
So, society loses another good man because of our obsession with reviving Victorian attitudes to sex.

England is a clone of American right wing puritanical values when it comes to sex and Scotland seems determined to become a clone of England in its attitudes to sex.

Strange that, coming from a nationalist Government.

Frankly if an Independent Scotland is not modelled on Liberal European values then it is not worth having.

With regards to saving women from pimps and forced prostitution the answer is decriminalisation not useless attempts at blanket prohibition which we seem to be heading for now.
23

Helter Skelter,

23/11/2008 15:08:52
21

I don't think that the blackmail issue arises. If a judge was threatened with exposure to this kind of thing unless he perverted the course of justice, I think without exception all judges would take exposure as the easier route.

At least he can go off and do something else, write a book, do a chat show...but he knows that if he yields to blackmail once, the clock is ticking for the double whammy of exposure and imprisonment....and all those sleepless nights in between.

Better to , ahem, just make a clean breast of it, take the mud-slinging and be done with it.
At the end of the day, it is something which most hetreosexual men can empathise with.

24

Garry Otton,

ScottishMediaMonitor.com 23/11/2008 15:36:21
#22 Well said Brian!
25

Garry Otton,

ScottishMediaMonitor.com 23/11/2008 15:52:17
From their funding of sectarian schools to an IslamFest; grabbing Souter's cash to promising Catholics help skirting equality legislation, the SNP are falling over themselves to divide Scotland on religious grounds. Read the article on my website (Features). And the latest...? Around £3m annually taken out of NHS coffers to fund religion! If there was a liberal political party that represented a modern Scotland in Europe, I would vote for it.
26

Helter Skelter,

23/11/2008 16:16:56
25

You just can't shut an anti-catholic bigot up can you ?
27

Garry Otton,

ScottishMediaMonitor.com 23/11/2008 16:53:30
Beg your pardon...? I have nothing against religion at all. It is useful and supporting to a lot of people. Except when taxpayers have to fork out for it.
28

smallbutperfectlyformed,

23/11/2008 17:45:20
#27 So Catholics aren't taxpayers?!
29

brassneck,

Brigadoon in orientem 23/11/2008 18:13:50
Who shopped the Sheriff...???
30

Garry Otton,

ScottishMediaMonitor.com 23/11/2008 18:46:57
#28 Yes, Catholics are taxpayers. And most of them are also decent people; disgusted that their peaceful religion has been turned into a nasty political organisation run by militants.
31

Brian Hill,

Edinburgh 23/11/2008 18:54:12
#29 brassnecks: 10 out of 10 for

"Who shopped the Sheriff...???"
32

the.ally ,

23/11/2008 18:56:50
I really don't think Andrew Lothian had to resign. I know amny readers that know of my abhoration of the 'criminal' justice system in scotland will think I've lost the plot, but, no I haven't. It's the 'non-scottish' aspect of the scotland's criminal justice system i'm very concerned about; they are functionally criminalising scotland's citizen's just for the sake of a dichotomy existing between the UK and Scotyland gaining independence.

Like many other posters have already said, it's not the end of the world having sex. Justice Lothain was only doing (if in-deed he did; nobody really knows, do they), what thousands of years of living as humans has taught us we should do, have sex!

No, Justice Lothain need not have resigned, the dichotomy I referred to earlier has fostered this 'moralising' of society so as to criminalise them. Disgraceful is the westminster government, not Justice Lothian.
allymax.
33

smallbutperfectlyformed,

23/11/2008 19:02:11
#30 What on earth are you going on about now?!
This article is about the hypocrisy of a Sherriff, formerly entrusted with upholding Scots law, frequenting saunas (the Sunday name for brothels).

What has this got to do with your tirade about the Scottish Nationalists? Jump down off your soapbox tomorrow night and watch the third episode on Scotland's History on BBC- that should help to recruit even more members to the nationalist cause. No wonder so little Scottish history was taught at school in my day- we'd have been marching over the border mob-handed if we'd known what really went on.
If I've misinterpeted your rant and you were actually referring to the Catholic religion's hierarchy then you've lost me there... I'll ask God to interpret next time I'm at Mass.
34

the.ally ,

max. 23/11/2008 19:05:09
If anything, the female sheriff that stated that a guy, convicted of coercing more money than reasonable for doing roof-work on the house of an OAP, would 'deserve anything that happened to him while in prison'. This sheriff should be sacked for the instigation of a severe beating this man was subject to by the 'hall bouncers' infromaed by the prion police and screws, more than likely on the premise the female sheriff condoned such actions in prison.
Now this sheriff should definately be sacked for inciting violence, possibly even a riot in prison, but worse, in the court!
35

Douglas,

Bathgate 23/11/2008 21:11:07
Who would resign just for having a sauna anyway. I think somebody saw him coming.
36

Shamus,

Glasgow 23/11/2008 23:45:00
36# And a sneaky wee jobsworth cameraman caught him going.
37

Brian Ferrari,

24/11/2008 11:50:17
Why oh why do we get all steamed up about this?

There isn't even an allegation that he paid for sex - just for being thrashed with a cane.

Given it's all out in the open there's no risk of blackmail.

I'd rate it as a bit worse than a parking offence but not as seriously as drunk driving.

Really.

 

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