BBC News Online: UK: Scotland

Sheriff rebuffs masons question

Thomas Minogue has asked whichever sheriff is appointed to hear his case to reveal if they are a freemason.

During a previous hearing, Mr Minogue's lawyer Derek Ogg said his client might not receive a fair trial because some of the police officers due to give evidence were wearing masonic symbols when they raided his premises.

The case was continued until Friday to allow the Crown to make a submission.

In a judgement at Dunfermline Sheriff Court, Sheriff Isabella McColl said she had nothing to disclose which would give rise to concern "regarding my impartiality in this case".

"Mr Ogg stated that it is the accused's perception that freemasonry and its influence is present in the construction industry in Fife, is prevalent in the police and is present if not prevalent in the legal profession and judiciary in Scotland," she said.

"He submitted that in order to satisfy an objective test of impartiality the accused in this case is entitled to ask me, as trial judge, and I am required to answer, whether I am a freemason."

"Whether there are sufficient guarantees to exclude any legitimate doubt as to my impartiality as trial judge I take the view that firstly, the judicial oath which I have taken to do right without fear or favour or ill will should be accorded the greatest possible weight."

She then went on to say she was not prepared to disclose if she were a member of any organisation and gave Mr Ogg leave to appeal her decision to a higher court.

After a brief adjournment Mr Ogg said Mr Minogue accepted her judgement. Trial was fixed for March 9 next year.

Mr Minogue, of Kingdom Engineering (Fife) Ltd, is charged with the theft of bridge parts.