Thursday, November 18, 2010

Nicholas McKerrell


The Advocate Depute, Alex Prentice QC, began by establishing with Mr McKerrell that he has been a law lecturer at Glasgow Caledonian University for 14 years, asked the witness to identify Mr Sheridan in the courtroom, and asked him to confirm how long he had known Mr Sheridan, to which Mr McKerrell pointed at the defendant, Mr Sheridan, sitting in the dock of the court, and then stated he had know Mr Sheridan since he was 16 years old.

Mr Prentice asked the witness to recall a hustings meeting on the 7th or 8th February 2005 at The Edge bar, Glasgow, where Colin Fox and Alan McCombes were speaking and canvassing for vote for the election to replace Mr Sheridan as convener of the SSP. Dr McKerrell confirmed that Mr Sheridan was present at that meeting, and that the witness & Mr Sheridan had arranged to meet later that week outside the Hamish Wood building on the campus of Glasgow Caledonian University. When they met Mr Sheridan's sister, Lynn, was also at the meeting point and met the witness before Mr Sheridan himself arrived. The witness then told the court that Ms Sheridan had then left, and the Dr McKerrell and Mr Sheridan moved  to the staff canteen where they had coffee
The witness then described the conversation with Mr Sheridan, where it was claimed the defendant stated that  he was disappointed with events of the last few months and that things would have been easier if people had contacted him directly. Mr Prentice asked the witness to describe Mr Sheridan's demeanour during this conversation and  Mr McKerril said that  Mr Sheridan seemed evasive and "stared into his cappuccino a lot."
The witness then stated  that Mr Sheridan had said at the meeting that he thought Mr McKerrell  knew about certain events through conversations with other SSP members. Specifically  that Mr Sheridan had visited adult clubs, and that he had added “you know what it's like – the weakness of the flesh." Mr Prentice asked the witness whether Mr Sheridan had mentioned anyone in particular, to which the witness replied that Mr Sheridan had mentioned Anvar Khan, but had informed him “she will never testify” and  that Ms Khan had written a book which Mr Sheridan had read in a branch of WH Smith andshe hadn't mentioned him by name, using the name “Patrick” instead.

Mr McKerrell moved on to state that Mr Sheridan had thought the SSP Executive had panicked under the media pressure, and that Mr Sheridan had become more aggressive when discussing Alan McCombes, showing Mr McKerrell a text he had received from Mr McCombes that suggested Mr Sheridan was “going to join the independents." Mr Sheridan had also supposedly told the witness that the supposed this text had been sent to Mr Sheridan by mistake, as it had a "kiss at the end."  Dr McKerrell then stated Mr Sheridan had then started to "rant"  about Carolyn Leckie and her character, and this was the one point in their conversation that Mr Sheridan had lost control.

The witness then recounted how Mr Sheridan was at the time leafleting for and supporting Colin Fox in the forthcoming SSP election, but that Mr McKerrell told Mr Sheridan he would be voting for Alan  McCombes. Mr McKerrell then stated that he told Mr Sheridan that he was embarking on a reckless course of action in taking the News of the World to court.

Mr Prentice then ended his examination of the witness.

Nicholas McKerrell Defence Cross Examination

Mr Sheridan began by confirming with “Mr McKerrell” that he was a lecturer, to which the witness confirmed “Yes. And it's Doctor McKerrell.”
Mr Sheridan then asked Dr McKerrell to confirm that he was a member of the United Left group within the SSP, which the witness confirmed, and then that he had been a member of Militant, as had Mr Sheridan, which the witness also confirmed.

Mr Sheridan then asked Dr McKerrell if he was aware of the SSP National Committee meeting of 28th May 2006, to which Dr McKerrell said he was,  but s had not attended. Mr Sheridan asked the witness if he was aware of a motion that was passed, to which the witness responded he had not been there. Mr Sheridan described the motion passed as a statement of solidarity against the News of the World newspaper, and Dr McKerrell confirmed knowledge of this motion. Mr Sheridan then asked if the United Left group was formed shortly after this, and that Dr McKerrell joined United Left at the start, which Dr McKerrell confirmed.
Mr Sheridan then asked Dr McKerrell “Are you a Marxist?” to which Dr McKerrell retorted “Am I or have I ever been...?” Mr Sheridan replied that he had asked a "simple question,"  Dr McKerrell responded that it seemed like a “McCarthyite question”. Mr Sheridan then stated that he himself was a Marxist, and then Dr McKerrell stated that he too was a Marxist.

Mr Sheridan than asked the witness “Do you believe in God?”, to which the witness replied “No” and Mr Sheridan responded “But you've just sworn to a God that you don't believe exists”, and the witness replied “The option to affirm wasn't given to me by the judge”. Mr Sheridan then asked the witness that surely as a law lecturer, he would know that he had the option of an affirmation. The witness replied that he did not see the relevance of whether he was a Marxist and whether he believed in God, and Mr Sheridan replied that his point was that Dr McKerrell had sworn an oath on something he didn't believe in, and was therefore not bound to tell the truth in his testimony.

Mr Sheridan then put it to the witness that there was someone else there at their meeting and that person was Mr Sheridan's sister. Dr McKerrell replied that they were alone during the entire meeting. Mr Sheridan put it to the witness that his sister, Lynn Sheridan,  had been with them the whole time and that Dr McKerrell had come to court to lie. As the witness responded, Lord Bracadale advised “Mr McKerrell” to restrict himself to answering the question. Mr Sheridan stated “Dr McKerrell. Is that how we should address you?”, with the witness replying “Yes”, before continuing that he found the suggestion that he would lie to be a slur and that if this were true, in his role as a lecturer of law educating the future generation of solicitors and advocates, “how could I look them in the eye?”. Mr Sheridan replied that this was a question the witness would have to ask himself, had no further questions, left the lectern and returned to the dock.

By Whatsy

35 comments:

Whatsy said...

If you've read this blog, you will notice that Nicholas McKerrell's title becomes a bit of an issue.

According to my notes and memory, he was referred to as Mr McKerrell until, well, you know, so I have referred to him as Mr up until this point. However, I am not entirely sure of this, as I don't usually note down every witness's title, as it is never usually an issue, so if anyone who was in court today is sure one way or the other on the Mr/Dr question, please let me know and I'll change it in the blog.

Anonymous said...

I wouldn't worry about his title, Whatsy, Dr just means that he has bummed around for years writing a PhD (Doctorate).

Anonymous said...

Yet another very well-paid, middle-class member of the so-called far left. Why so many?

Anonymous said...

It's Dr "Nick" McKerrell.

Lynn said...

Phew, another witness willing to perjure himself and this time willing to risk his professional reputation and source of income. The liar label is getting very washed out but that, of course, is only my opinion.

Sceptic said...

Dr Nick, surely not.

http://tinyurl.com/3y2wh7v

Anonymous said...

lol at the "oath" questioning, maybe Mr McKerrell gave the oath with a clenched fist behind his back.

Anonymous said...

Come to think of it Lynn, you may have a point, I'll give you that. Have you not tried a 30 degree wash cycle?

Rolo Tomasi said...

Anon @ 6.12.... What the f&*$ does what Dr Nick does for a living have to do with his right to hold political views of one colour or another?

Oh, and by the way, last time I looked, being a Uni lecturer was far from "very well paid": you must be confusing them with Premiership footballers, Gideon Osborne and the other multi-millionaires in the Cabinet, or of course, the bankers who are looking forward to £7 billion in bonuses as a reward for what they have helped bring our nation to. Wake up.

And if he is that "very well paid", why would he risk professional shame and thus the vast salary that lets him read copies of Das Kapital written in gold leaf, by making up stories about an old fellow Marxist? The cause of the SSP is knackered for now anyway; why risk one's apparently massive bags of academic swag raking over the bones of a factional fight?
Surely he would simply stay at home bathing in vats of imported deluxe Cuban Rum or going on walking tours of ex-coal communities in his diamond encrusted donkey jacket?

Lynn said...

Anon, Funnily enough I have but contrary to those ads on telly the dirt still sticks.

Anonymous said...

How could a hypothetical person be both a Marxist (rejection of God) and a Roman Catholic (belief in God). Is it possible?

Bunc said...

It just keeps piling up doesn't it? (in my opinion)
Amazing how many people, allegedly, would need to be perjuring themselves - IF you believe the defence notion of a grand conspiracy.

Bunc said...

@Anon 6:31 speaking as an atheist ex RC it beats me - sounds like a bad case of hypocrisy or cowardice - not sure which.

Anonymous said...

Dr Nick has political ambitions too - he stood as a prospective parliamentary candidate for the SSP at the 2004 elections.

Anonymous said...

'Anonymous said...
How could a hypothetical person be both a Marxist (rejection of God) and a Roman Catholic (belief in God). Is it possible?

November 18, 2010 6:31 PM'


It never bothered Reg Groves.

You'd have to be very vulgar to think that atheism is a sine qua non of being a marxist.

Anonymous said...

By bringing the issue of whether (or not) his sister accompanied him at this meeting, he has effectively self-incriminated himself to being at the meeting. Why do that?

CB said...

Anon 6:31pm

I often have to repond to this question when I say I'm an atheist:

Is that a Catholic atheist or a Protestant atheist?

And the question is not frivolous, jocular or trivial - in Glasgow at any rate!

CB said...

Anon 6:31pm

I often have to repond to this question when I say I'm an atheist:

Is that a Catholic atheist or a Protestant atheist?

And the question is not frivolous, jocular or trivial - in Glasgow at any rate!

gotcha! said...

"By bringing the issue of whether (or not) his sister accompanied him at this meeting, he has effectively self-incriminated himself to being at the meeting. Why do that"

Nothing 'self-incriminating' about being at a meeting - and if his sister was present, she will no doubt be called as a witness.

the_voice_of_reason said...

A minor point, but can we PLEASE stop calling Tommy Sheridan "the defendant". There is no such person in ANY Scottish court case; in a criminal trial the person charged is "the accused", or in more archaic usage "the pannel", although that is lowly disappearing even in the High Court.

Christian Schmidt said...

I am wondering if these SSP non-leadership witnesses are starting to make the most damage to TS? I mean if I understand it correctly his defence is that the NOTW is lying big time to bring him down and so does the SSP-cadres.

TS cross-examination of NOTW staff/people close to the NOTW and of the SSP leadership has usually left me thinking that his claims of 'lie' and 'conspiracy' may not be without foundation. But with witnesses with only a weak connection to the NOTW or to the SSP leadership, Sheridan's cross-examination has in my view not been that effective.

James Doleman said...

"can we PLEASE stop calling Tommy Sheridan "the defendant". There is no such person in ANY Scottish court case"

Thanks VOR, I did not know that. consider it stopped.

Anonymous said...

TS is the Accused.

Anonymous said...

Next thing we will be talking about the *plaintiff* - too much Judge Judy.

Tommy trial addict said...

It does seem odd that another person with a decent job and a career would risk throwing it all away by committing perjury just so he can "do in" Tommy.

Like so many other modern-day Marxists he is a member of the middle-class.

Nice wee number he has landed at Uni and I would bet my bottom dollar that he wouldn't him to put his job in jeopardy in order to bring down Sheridan.

Maybe I am wrong though.

Whatsy said...

Re "defendant".

D'oh! Sorry - got it now. Thanks, Voice Of Reason.

Anonymous said...

@ Tommy trial addict - maybe Mc Kerrell is so deluded that he thinks that his membership of the middle-class provides him with a cloak of respectability and a cover of invincibility. Or he thinks that his superior knowledge of the law means that he can lie in court and get away with it. On the other hand he would be taking a massive risk by lying in court - one slip-up whilst he was on the stand and TS would have been down on him like a ton of bricks (TS even picked up Mc Kerrell being a professed Marxist yet taking the oath,). The consequences of being found out would have devastating consequences to this guy - he would be a ruined man - literally. You have to ask yourself if a rational, clear-headed person who had carefully considered his options and was well aware of the consequences would risk such a course of action as committing perjury whilst giving evidence in a perjury trial. It's a tricky one. Anyway, as they say, that is for the Jury to decide.

Anonymous said...

the_voice_of_reason said...
A minor point, but can we PLEASE stop calling Tommy Sheridan "the defendant". There is no such person in ANY Scottish court case; in a criminal trial the person charged is "the accused", or in more archaic usage "the pannel", although that is lowly disappearing even in the High Court.

November 18, 2010 9:49 PM



Ah yes, the panel.

Not to be confused with the phrase 'on the panel'.

I think.

Gramsci's Ghost said...

@Christian Schmidt 09:50pm - as to the 'non-leadership' members of the SSP - all are very loyal to their 'saintly' leader McCoombes, many having links to the G51 postcode that he used to stay in before he left Glasgow, so don't confuse it with a 'weak connection to....the SSP leadership, McCoombes had his coterie of people too, including me at one time, but his actions in the last few years saw the scales fall from my eyes. all of course IMVHO

Garribaldi's Ghost said...

Gramsci's Ghost, I dont think christian was suggesting that McKerrel was one of the looser connected witnesses. Everyone knows he is very close to McCombes and he confirmed today that he was a founder of the UL. Also, in this case and in the libel case, he was identified as the first person to hear the cupids rumours and the person that brought the rumours to McCombes and the SSP

G51 said...

@Gramsci's Ghost
"many having links to the G51 postcode"
So the whole of Govan is now involved in the conspiracy?
Is that why the Co-Op shut down?

Anonymous said...

I find it a bit strange that Tommy the confessor? has allegdly spoken out to various groups and individuals over a protracted period of time yet they can all provide almost verbatim recall of these conversations, with only very minor changes in each testomony
It would be beyond comprehension that someone who has denied the allegations made against them. Would travel around to different people at various locations and for them to recall and make almost identical statements.
Unless of course the alleged confessor had used briefing notes whilst doing so?

Observer said...

Christian Schmidt: At first I was inclined to agree with you but then I read Ghost of Gramsci's post - which puts a different light on things altogether.

Also, if it is the case that McKerell swore an oath on the Bible but claims to be an atheist then TS was, from his perspective, quite right to draw attention to this. It seems rather dodgy and insincere - especially since he was presumably given the option of simply affirming?

Also, I personally didn't like McKerrell's evasiveness when asked the question about whether or not he is a Marxist. Either one is or one isn't. You can't be a Marxist at SSP meetings but then give it up during office hours or whenever you're caled upon to give evidence in front of Lord Tiddlywinks. And frankly it's silly, vain and grandiose of Mckerell to compare himself to the victims of the McCarthyite witchunt. Maybe he made this remark because he wanted the jury to forget that he was in fact there as a witness for the *prosecution* and not the defence?

I also got the feeling that McKerrell was simply embarassed by the "Marxist" question and only answered in the affirmative when shamed into doing so by TS.

Is this what's left of the Left?

google it said...

This was supposed to be months after he is alleged to have said that confessing was the biggest mistake in his life.

As this is at a hustings for the convenor election and is just before the vote, Sheridan's claim that he met these guys to persuade them to vote for Fox against McCombes is far more believable.

James Doleman said...

Hello Myshkin, you make some excellent points but I had to delete your post as it was a little too definite about matters that have to be up to the jury. If you could rephrase it I'd be happy to post it