Court Aide Says Boss Wanted To Flaunt Law

Feb 3 2008 By Derek Alexander

A COURT official has sparked a probe after he accused his boss of ordering him to break the law.

Sheriff clerk Bert Salisbury claims David Moran, 58, told him to get photocopies of trial papers after the originals went missing.

Salisbury, 43, refused as it is illegal for the sheriff clerk to use copies in a trial in case they have been tampered with.

He claims Moran then told him to quit his post.

Salisbury is using whistleblower legislation to lift the lid on the row at Kilmarnock Sheriff Court.

He says Moran, head of the court's Criminal Department, told him to obtain copies of three trial indictments - official lists of defendants' charges.

Clerks are meant to look out indictments a week before a trial.

If it is lost the clerk must apply to the High Court for an official replacement.

The move comes just weeks after a drug trial at Kilmarnock collapsed when an indictment was lost by the sheriff clerk.

A court insider said: "The indictment is one of the cornerstones of the legal system.

"So much happens in a court case that it's important that the original is used.

"To give a sheriff a photocopy could be seen as an attempt to pervert the course of justice.

"This has caused a real stir. It could end up costing one or more people their jobs."

Last week Salisbury, of Kilmarnock, went off work with stress after being interviewed by the Scottish Court Service, who are expected to announce their findings soon.