TWO of Scotland's key legal bodies have clashed over an investigation into a member of the judiciary.
The fight is between the Judicial Office for Scotland (JOS) - headed by the country's top judge - and the watchdog responsible for holding it to account.
The legal watchdog attacked the JOS for its handling of a probe into claims a judicial office-holder was guilty of bullying and of making covert recordings.
Complaints against judges, sheriffs and justices of the peace are handled by the JOS, which provides support to the Lord President.
The investigations are carried out by fellow members of the judiciary.
If a complainant is still unhappy, the Judicial Complaints Reviewer (JCR) can examine whether the probe complied with the rules.
Moi Ali, who recently stood down as the JCR after saying she did not have adequate powers, published her final annual report last week.
She produced details of an extraordinary case in which the JOS dealt with allegations of impropriety by a judicial office-holder. An unnamed organisation that "works closely with the courts" complained of bullying by a member of the judiciary, adding that the same figure had made secret recordings.
The organisation was not satisfied with the JOS probe into the case and contacted Ali.
On the bullying allegation, Ali said she was hampered after the "nominated judge" who carried out the first investigation failed to put all correspondence in the complaints file.
After the complainant asked for all tapes and transcripts obtained during the probe, the request was initially rejected.
Ali described this response a "an unnecessary lack of transparency that could damage external confidence in the investigation process".
She also described as a "lack of even-handedness" the fact that the judicial officer-holder under investigation received an apology for delays in the case, but the complainant did not.
The organisation's witnesses were also not interviewed.
The original complaint was not upheld by the JOS, but Ali concluded: "I was concerned about how the conclusion was reached that the allegations could not be substantiated in light of the evidence that I saw in the complaints file."
On the recordings allegation, the judicial office-holder under investigation had said the tapes were not made "in any secret way", although permission was not sought.
Ali believed this complaint should have been included as part of the other probe, or referred anew to the JOS, but she said: "Neither path was followed. The complaint was never investigated. No explanation was offered as to why not."
In the two reviews Ali carried out, she found seven rule breaches.
Scottish Conservative chief whip John Lamont said: "In almost no other walk of life do you have an organisation which is only accountable to itself in instances like these.
"The public expectation is that - when there's a case to answer - an independent or separate authority should be asking the questions."
Scottish Liberal Democrat leader Willie Rennie said: "Moi Ali has previously reported weaknesses in the systems through which the public can complain about the conduct of the judiciary and seek redress.
"Some of the incidents reported suggest that those involved in the complaints process were more concerned with stopping Moi Ali from doing her job than behaving responsibly and responding to the issues that had been raised."
A spokesperson for the Judicial Office said the recordings were made in court, not during meetings, adding: "The Judicial Office does not comment on individual complaints as the information is confidential. All complaints are fully investigated in accordance with the relevant rules.
"In respect of recording in court, it is open to the court to have proceedings recorded where it considers it to be appropriate."
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