Areas of Practice

Criminal Trials
Criminal Appeals
Human Rights
International Criminal
International Humanitarian
Mediation
Constitutional
Fatal Accident Inquiries

Qualifications

LLM, LL.B (Hons), Dip LP

Devil Masters

Ian Duguid QC
Jane Paterson

Additional Information

Commissioner, Scottish Human Rights Commission
Part-Time Sheriff
Appeals Counsel, International Criminal Tribunal for Former Yugoslavia 2006 - 2008
Former Ad hoc Advocate Depute
Mediator
Advocacy Skills Trainer

Notable Cases

International Criminal Cases:
Prosecutor v Momčilo Krajišnik IT-00-39-A: Appeal by former President of Bosnian Serb Assembly, Crimes against Humanity, Joint Criminal Enterprise (ethnic cleansing of Bosnia 1992) (joint senior counsel)
Prosecutor v Stanislav Galić IT-98-29-A: Appeal: Crime of Terror, Crimes against Humanity, War Crimes, Fair Trial (siege of Sarajevo)
Prosecutor v Limaj, Bala & Musliu IT-03-66-A: Appeal: Joint Criminal Enterprise, Identification, Alibi (Kosovo Liberation Army prison camp case)
Prosecutor v Hadžihasanović & Kubura IT-01-47-A: Appeal: Superior Responsibility for Crimes against Humanity and War Crimes (plunder and cruel treatment) (joint senior counsel)

Scottish Cases:
Holland v HMA 2005 PC 3 – Dock identification and disclosure; conviction quashed
Galbraith v HMA 2002 JC 1: Definition of diminished responsibility; conviction quashed
Campbell & Steele v HMA 2004 SCCR 220: "ice cream wars" case, fresh evidence (SCCRC ref); conviction quashed
Megrahi v HMA: Appeal against conviction for the Lockerbie bombing (SCCRC ref)
John McDonald v HMA: Appeal against conviction for murder (senior) [2010] HCJAC 45
HMA v Fleming 2005 SCCR 324: Appeal re first instance decision to desert trial simpliciter based on violation of ECHR
Hugh King v PF Paisley, 29 June 2004, XJI968/03: Appeal re competence and relevance, Public Bodies Corrupt Practices Act 1889
Webley v HMA 2002 SCCR 78: Appeal re judicial bias over treatment of incriminee
HMA v Tina McLeod: Acquittal for murder of a toddler by shaking
HMA v Angus Sinclair: Trial for 1978 rape and murder, mitochondrial DNA profiling
HMA v Hart & Others: Defence of entrapment

Prior Experience

Shelagh brings extensive experience of trials and appeals. She has appeared in many high-profile, sensitive and complex cases - as leader, alone, and as junior. She is known for being innovative in developing legal argument in challenging cases. In court, she is calm and considered - an approach which finds favour with judges, witnesses and juries alike. Her ability to write clearly and persuasively has been demonstrated in submissions to the Judicial Committee of the Privy Council, the ICTY Appeals Chamber, and in civil statutory appeals.