It was a very different world in 1989 ... In Scotland gay judges were being hounded off the bench ... Victualler at Valentine's Bar heard loose tongue flapping ... Hooker tapes Honkers prosecutor asking for underage sex ... From Justinian December 1989
Allegations about rampant homosexuality on the Scottish bench have thrown the normally tranquil, porridge-loving Scots bar into disarray.
Lord Dervaird (married wit three children) has stepped down from the bench to avoid being the subject of an inquiry, while Lord Hope, the Lord President, made a very important ruling, at a press conference in his home, no less.
He declared that "homosexuality would, of itself, be no bar to being a judge".
This ruling, believed to be the first of its kind in the common law world, will doubtless come as an immense relief to quite a number of judges in jurisdictions far from Scotland.
Apart from Lord Dervaird, the accusations concern four other judges, disconcertingly described by Lord Hope as A, B, C and D.
Judge A is supposed to have visited a "gay" bar with a junior member of the bar with whom he is reputedly "having a relationship".
An allegation that he indulged in criminal conduct with "rent boys" at Lord Dervaird's cottage at Stranaer Bay was investigated by local police at the Crown Office and found to be "without foundation".
Judge B is said to have visited a disco frequented by homosexuals in Glasgow, but "left in disgust". The Lord President was satisfied that the allegations against him were "without foundation".
Nothing is known about judge C, while judge D once shared a flat 25 years ago before he was married with either of Lord Dervaird, or judges A, B or C.
Another judge, Lord Weir (58, married, three children) admitted he had been questioned by Lord Hope about the rumours, but denied any allegation against him, and threatened to sue anyone who repeated them.
Lord Dervaird's resignation is perplexing. Homosexual practices between consenting adult males have been legal in Scotland since 1980. If he was within the law, why should he resign?
From the Daily Record, December 23, 1989
Alternatively, if he had done something not only scandalous, but illegal, why should he be exempt from disciplinary action? Was a deal done to protect good name of the judiciary?
Lord Denning was quoted in The Sunday Times as making the helpful remark:
"Supposing an accused man gets to hear of a judge's homosexual relationship and sends him a note saying, 'I will expose your relationship if you send me to prison'."
According to the New Statesman, homosexual members of the English bar say they are only too well aware of the immense hostility held by the civil servants of the Lord Chancellor's department towards them.
It would be almost unheard of for a barrister, whose homosexuality was widely known, to make it onto the bench.
I'm also indebted to The Independent for this explanation:
"Experience shows that for a small minority of those in public life, the pleasures of sex gain an added frisson from being enjoyed in risky or even downright dangerous circumstances."
Noel Nesbitt, the victualler at Valentine's Bar, a well known lawyers' watering hole in Edinburgh summed-up the situation:
"The lawyers' tongues are loosened when they come in here. If they have had a good day, winning a case, then it's bottles of the best champagne at ₤30 a go. That's when the stories start flying around the place. It's usually a flash flood. They have all gone in an hour or two. Presumably home to their wives."
* * *
It may have been the frisson that was the factor that has led to problems for the Deputy Senior Crown Prosecutor in Hong Kong, Christopher Harris.
Mr Harris is being prosecuted for incitement to procure underage girls for sexual purposes.
The ages of 13 and 14 seemed to be particularly exciting for Harris.
Unfortunately, a prostitute with whom Harris liked "talking dirty" wired herself to tape record the crown prosecutor's requests to procure a particularly delectable young Caucasian girl.
The DPP and the Attorney General decided to try to cover it all up and to allow Harris to resign from the Crown Prosecutors' Department.
Harris even attended a jolly farewell drinks party in the mess with all his chums.
Not long after, the taped conversations with the prostitute were leaked to Mr Murdoch's South China Morning Post.
The Post gave the story major splash treatment and after a delay of four months the Attorney General, Mr J Mathews, was forced to backtrack and have Harris charged.
Police had gathered further evidence following a raid on the prostitute's flat.
Harris was talking respectable amounts of money for these "sessions" with the young girls. About $A1,000 a pop.