A former sheriff who once trained Scottish judges has admitted making sexual and racist remarks while he was discussing pornography with another man.
Alastair Duff, a former solicitor advocate who helped defend the Lockerbie bomber Abdelbaset al-Megrahi, forget to switch off his microphone during an online training session for justices of the peace in October 2021.
During an appearance at Edinburgh sheriff court on Monday, Duff, 69, admitted a breach of the peace and was fined £1,275.
The indictment stated he “did conduct [himself] in a disorderly manner and did while connected via WebEx to an electronic meeting, utter sexual remarks and utter a racist remark and did thereby place other participants in said meeting in a state of fear and alarm and commit a breach of the peace.”
At the time Duff, who had previously been a well-known criminal defence lawyer in Edinburgh, was director of the Judicial Institute of Scotland, which carries out training for judges and justices of the peace.
On the day of the training session on “road traffic for justices”, the nine JPs were taking a break, during which the participants’ microphones and cameras were supposed to be switched off.
Three returned to their computers before the break ended, to hear Duff making sexually explicit and racist remarks to another man by telephone. Two of the JPs recorded Duff’s remarks, as well as mouse clicks, on their mobile phones and reported him.
It appeared Duff realised he had forgotten to switch his microphone off, when he was heard to say “oh shit”. When the session resumed the event’s chair noticed Duff seemed “less polished than he ordinarily is”. One of the JPs noted that Duff “looked very grey” and “unwell”.
A police investigation found that Duff had been talking to another man in Leven, Fife, who has since died, who was watching pornography involving an adult man and an adult woman dressed in school clothes having penetrative sex.
All Duff’s electronic devices were seized by police but they did not have any incriminating evidence on them. Five weeks after the incident, Duff retired as director of the Judicial Institute and as a sheriff.
John Scullion KC, defending, said his client had made “crass and offensive” comments and was ashamed of what he had said. “He bitterly regrets the alarm and offence he caused to those involved,” Scullion added.
Sheriff Douglas Keir said: “This is undoubtedly an anxious and troubling case and I have reflected carefully on the details the submissions made to the court.
“By pleading guilty you have accepted the comments made during the course of a private phone conversation inadvertently caused shock and disgust. I take into account you are a first offender, previous of exemplary good character and a long and distinguished career in public service.”
