by Seamus OBlimey » Tue Jun 20, 2006 4:33 pm
LORD Robertson has started a landmark legal action against a Scottish newspaper over internet allegations falsely accusing him of helping Thomas Hamilton, the Dunblane killer, obtain his gun licence. <br><br>The secretary general of NATO has lodged a writ with the Court of Session in Edinburgh demanding £200,000 compensation over the claims, plus the full costs of the action. <br> <br><br>The writ claims that comments posted on the message board of the Sunday Herald newspaper’s website, accusing him of signing a firearms certificate recommendation for Hamilton and using his influence to force the police to ignore their suspicions about the killer, were "false and calumnious". <br><br>Lord Robertson, the former defence secretary, also claims the allegations could hinder his chances of finding another job when he stands down as the head of NATO later this year. <br><br>The comments made on the website on 9 February were prompted by an on-line discussion forum for readers relating to public concern that certain documents relating to the Dunblane massacre of March 1996 were to remain classified for 100 years. <br><br>Under the headline: "Should the Dunblane dossier be kept secret?", the newspaper website invited readers to comment on speculation that prominent Scots were closely linked to Hamilton, asking: "Is the secrecy a smokescreen?" <br><br>An allegation was posted on the board by a reader incorrectly claiming that the then Mr Robertson had signed a firearms certificate recommendation because he was Thomas Hamilton’s MP. <br><br>Mr Robertson actually represented Hamilton South, was never Thomas Hamilton’s MP and never signed such a document. <br><br>The writ says that a second message posted by a different reader said: "As for that Robertson bloke! Never did trust him. How did he get that job as head of NATO?" Another contributor claimed: "People are being protected here." <br><br>In his writ, Lord Robertson claims that due to a lack of website policing, the offending comments remained on the newspaper’s internet message board for more than three weeks and were read by an estimated 600,000 people before they were removed. <br><br>It is not known if the identity of the individuals who made the statements will be made public but they are alleged to be registered users of the Sunday Herald message board. The newspaper refused to comment. <br><br>Lord Robertson’s representative, Martin Smith, a leading libel lawyer, was unavailable for comment. Lord Robertson’s spokesman at NATO said: "It is a private matter." <br><br>In 1996, Mr Robertson told Lord Cullen’s public inquiry into the Dunblane massacre that he became concerned about Hamilton’s militaristic camps after his own son attended Dunblane Rovers, a boys’ club run by Hamilton, in 1983. He spoke of his fears to Michael Forsyth, the MP for Stirling (where Hamilton lived) and the Scottish secretary at the time of the massacre. <br><br>Mr Robertson kept him informed about Hamilton’s clubs, sending documents highlighting parents’ concerns. These documents are banned from public view under Lord Cullen’s 100-year rule. <br><br>There has yet to be a test case in Scotland of whether a company is responsible for information posted on internet message boards. Gordon Deane, a partner in commercial litigation with Shepherd & Wedderburn, said: "The nature of the internet means documents published and uploaded in one country can be viewed and downloaded all over the world, exposing publishers to the libel laws of potentially any nation which provides internet access."<br><br><!--EZCODE AUTOLINK START--><a href="http://news.scotsman.com/index.cfm?id=757932003">news.scotsman.com/index.cfm?id=757932003</a><!--EZCODE AUTOLINK END--><br><br>-----<br><br>Dunblane secret documents contain letters by Tory and Labour ministers<br><br><br> <br>Investigation: By Neil Mackay, Home Affairs Editor<br><br> <br><br>LETTERS between Labour and Tory ministers and correspondence relating to Thomas Hamilton's alleged involvement with Freemasonry are part of a batch of more than 100 documents about the Dunblane mass murder which have been sealed from public sight for 100 years.<br><br>The documents include a letter connected to Hamilton, which was sent by George Robertson, currently head of Nato, to Michael Forsyth, who was then Secretary of State for Scotland.<br><br>Until now it was thought that a 100-year public secrecy order had only been placed on one police report into Hamilton which allegedly named high-profile politicians and legal figures. However, a Sunday Herald investigation has uncovered that 106 documents, which were submitted to the Dunblane inquiry in 1996, were also placed under the 100-year rule.<br><br>The Scottish Executive has claimed the 100-year secrecy order was placed on the Central Police report, which was drafted in 1991 five years before the murders, to protect the identities of children named in the report. Hamilton had allegedly abused a number of children prior to his 1996 gun attack on Dunblane primary school in which 16 primary one children and a teacher died before Hamilton turned his gun on himself.<br><br>However, only a handful of the documents, which the Sunday Herald has discovered to be also subject to the 100-year rule, relate to children or name alleged abuse victims.<br><br>The most intriguing document is listed as: 'Copy of letter from Thomas Hamilton to Dunblane parents regarding boys' club, and flyer advertising Dunblane Boys' Sports Club. Both sent to Rt Hon Michael Forsyth, MP, Secretary of State for Scotland, by George Robertson MP.' Also closed under the 100-year rule is a 'submission to Lord James Douglas Hamilton, MP, Minister of State at the Scottish Office, concerning government evidence to the Inquiry'.<br><br>Another document relates to correspondence between the clerk of the Dunblane inquiry, which was presided over by Lord Cullen, and a member of the public regarding 'possible affiliations of Thomas Hamilton with Freemasonry ... and copy letters from Thomas Hamilton'. <br><br>SNP deputy justice minister, Michael Matheson, said: 'The explanation to date about the 100 -year rule was that it was put in place to protect the interests of children named in the Central Police report. How can that explanation stand when children aren't named? The 100-year rule needs to be re-examined with respect to all documents.'<br><br>Matheson has written to the Lord Advocate, Colin Boyd, asking why the 100-year rule applies and how it can be revoked. He has so far had no response. He also asked First Minister Jack McConnell to explain the reasons for the 100-year order but received 'no substantial answer'. Matheson is to write to Colin Boyd a second time, in the light of the discovery that more than 100 other documents are also sealed, asking him to account for the decision.<br><br>A spokeswoman for the Crown Office said: 'In consultation with the Crown Office and the Scottish Office, Lord Cullen agreed that in line with the age of some of the individuals involved and named in the inquiry, the closure period would be 100 years. The Lord Advocate is considering issuing a redacted copy of the productions, which would blank out identifying details of children and their families. A decision on this has yet to be made.'<br><br>Other sealed key reports on Dunblane include:<br><br>A 'comparative analysis of Thomas Hamilton' by Central Scotland Police<br><br>Information about Hamilton's 'use and possession of firearms'<br><br>Pathology reports, Hamilton's autopsy report, and analysis by Glasgow University's forensic science lab on blood, urine and liver samples from Hamilton's body<br><br>Details on firearms licensing policies<br><br>A review by Alfred Vannet, regional procurator fiscal of Grampian, Highland and Islands, of 'reports and information in respect of Thomas Hamilton submitted to the procurator fiscals of Dumbarton and Stirling by Strathclyde Police and Central Police'<br><br>A psychological report on Hamilton<br><br>Guidance from the British Medical Association on granting firearms licences<br><br>'Transcript of and correspondence relating to answering-machine tape which accidentally recorded conversation between police officers at the scene of the Dunblane incident'<br><br>Correspondence and witness statements 'relating to allegations of sexual abuse made against Hamilton' <br><br>02 March 2003<br><br><!--EZCODE AUTOLINK START--><a href="http://www.sundayherald.com/31830">www.sundayherald.com/31830</a><!--EZCODE AUTOLINK END--> <p></p><i></i>