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Pending decision by Scottish legal authorities on prosecuting Shell

EMAIL UPDATE FROM BILL CAMPBELL, FORMER HSE GROUP AUDITOR, SHELL INTERNATIONAL, ON  PENDING DECISION BY SCOTTISH LEGAL AUTHORITY ON POSSIBLE PROSECUTION AGAINST SHELL

From: [email protected]
Date: 24 March 2010 10:32:37 GMT
To: [email protected]
Subject: Update

John

The most recent update of yesterday.  I was aware of the delay caused by the illness of Andrew Grant who is currently a senior public prosecutor for Central region based in Stirling.  My assumption is that the Crown Office (or more specifically I guess the Lord Advocate) will make a decision based on the report to prosecute or otherwise.  Prosecution proceedings in Scotland, similar to England, are entered into under two criteria

(a) that there is sufficient evidence to lead to a successful prosecution in the opinion of the Crown

and even if the above is met

(b) is such a prosecution in the public interest

In my opinion clearly it is in the public interest and with regards to (a) there is more than sufficient evidence but it could be with the changes to how deaths at work are now to be prosecuted with the combined HSE/Crown involvement with the new department based in Glasgow and the proposed changes recommended to the Scottish government by Lord Cullen (Review of Fatal Accident Inquiry Legislation) published in November last year that the Crown may consider enough has been done.  We will have to wait and see.

On the latter, the report by Lord Cullen make some radical changes to the current legal arrangements and can be viewed on

www.scotland.gov.uk/FAIreview

I think you can be assured that your assistance through the open letter in 2008 to 650 odd MP’s had an effect (unseen by us but we often underestimate what goes on under the surface) in getting us at least to the position we are now in and you should take some pride in that.

There is no need to reply to this and as always you are free to publish any of it as you see fit on your website.  I will be in USA for all of April and will keep you updated when I get the promised update from the Procurator Fiscal on my return.

Bill

(Copy of email from Scottish legal authority supplied)

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