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	Lord Advocate Challenged over Prosecutions By Robbie Dinwoodie The Herald [Scotland] February 24, 2006 http://www.theherald.co.uk/politics/56875.html The lord advocate, who has this week insisted on his unquestioned right to make decisions about prosecutions in Scotland, will next week face a challenge to his powers in the Court of Session. A Glasgow man who claims he suffered sex abuse at a List D school in the 1960s is seeking a judicial review of Colin Boyd's decision two years ago not to prosecute the teacher who he says was his attacker. It is believed to be the first time such a challenge has been made in court over a decision by the lord advocate not to prosecute a case. The controversy over the Shirley McKie case has dominated parliament this week, with an unprecedented double statement by Mr Boyd and Cathy Jamieson, the justice minister, on Wednesday, and a clash at first minister's questions yesterday. Mr Boyd and his fellow cabinet ministers have repeatedly said that although he sits in the cabinet as legal adviser to the executive, he has independence in his separate role as Scotland's chief prosecutor. Jack McConnell brushed aside calls for a judicial inquiry into the McKie case yesterday. The first minister repeatedly pointed to the independence of the lord advocate and claimed that, by calling for an inquiry, the SNP was guilty of undermining public confidence in the legal system. But the lord advocate will face a challenge next week from lawyers acting for Emile Szula, 52, from Townhead in Glasgow. He was at St Ninian's School in Stirlingshire between 1964 and 1966. The List D school, now closed, was run by the De La Salle order of monks. Michael John Murphy, then known as Brother Benedict, was convicted at the High Court in Edinburgh in June 2003 of assault charges, while two teachers, Charles McKenna and James McKinstrey, were convicted of sexual abuse charges. The charges involved many boys at the school and covered the period from 1957 to 1981. However, sex abuse charges were never brought against a fourth accused, in spite of a dozen victims claiming that he attacked them. Mr Szula claims he was sexually assaulted by this teacher on a weekly basis and is challenging the lord advocate's decision, made in June 2004, not to prosecute the former teacher. Cameron Fyfe, of Mr Szula's solicitors, Ross Harper, said: "Should we win, it would open the doors to other challenges in the future. We believe that the lord advocate can be challenged because he is like any other minister, so next week's case will serve to examine the position of the lord advocate in general." The controversy over the Shirley McKie case has dominated parliament this week, with an unprecedented double statement by Mr Boyd and Cathy Jamieson, the justice minister, on Wednesday, and a clash at first minister's questions yesterday. Mr Boyd and his fellow cabinet ministers have repeatedly said that although he sits in the cabinet as legal adviser to the executive, he has independence in his separate role as Scotland's chief prosecutor. Jack McConnell brushed aside calls for a judicial inquiry into the McKie case yesterday. The first minister repeatedly pointed to the independence of the lord advocate and claimed that, by calling for an inquiry, the SNP was guilty of undermining public confidence in the legal system. But the lord advocate will face a challenge next week from lawyers acting for Emile Szula, 52, from Townhead in Glasgow. He was at St Ninian's School in Stirlingshire between 1964 and 1966. The List D school, now closed, was run by the De La Salle order of monks. Michael John Murphy, then known as Brother Benedict, was convicted at the High Court in Edinburgh in June 2003 of assault charges, while two teachers, Charles McKenna and James McKinstrey, were convicted of sexual abuse charges. The charges involved many boys at the school and covered the period from 1957 to 1981. However, sex abuse charges were never brought against a fourth accused, in spite of a dozen victims claiming that he attacked them. Mr Szula claims he was sexually assaulted by this teacher on a weekly basis and is challenging the lord advocate's decision, made in June 2004, not to prosecute the former teacher. Cameron Fyfe, of Mr Szula's solicitors, Ross Harper, said: "Should we win, it would open the doors to other challenges in the future. We believe that the lord advocate can be challenged because he is like any other minister, so next week's case will serve to examine the position of the lord advocate in general."yesterday. The first minister repeatedly pointed to the independence of the lord advocate and claimed that, by calling for an inquiry, the SNP was guilty of undermining public confidence in the legal system. But the lord advocate will face a challenge next week from lawyers acting for Emile Szula, 52, from Townhead in Glasgow. He was at St Ninian's School in Stirlingshire between 1964 and 1966. The List D school, now closed, was run by the De La Salle order of monks. Michael John Murphy, then known as Brother Benedict, was convicted at the High Court in Edinburgh in June 2003 of assault charges, while two teachers, Charles McKenna and James McKinstrey, were convicted of sexual abuse charges. The charges involved many boys at the school and covered the period from 1957 to 1981. However, sex abuse charges were never brought against a fourth accused, in spite of a dozen victims claiming that he attacked them. Mr Szula claims he was sexually assaulted by this teacher on a weekly basis and is challenging the lord advocate's decision, made in June 2004, not to prosecute the former teacher. Cameron Fyfe, of Mr Szula's solicitors, Ross Harper, said: "Should we win, it would open the doors to other challenges in the future. We believe that the lord advocate can be challenged because he is like any other minister, so next week's case will serve to examine the position of the lord advocate in general."
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