A top QC who said he would have sex with the head of a rape charity “just to have something over her” is facing a fresh disciplinary probe.
Brian McConnachie sent text messages which included a sexually explicit photograph of himself from the toilets of a high court building minutes after defending a rape accused. He was given two written warnings after a complaint to a legal watchdog but could now face harsh penalties after the whistleblower who exposed him lodged an appeal.
She said she pursued an appeal because the “slap on the wrist” was unacceptable. McConnachie will now face a disciplinary committee which has the power to expel a lawyer from the Faculty of Advocates.
The whistleblower said: “It was a disgrace such sexist and inappropriate behaviour should be met with a paltry slap on the wrist.”
The Faculty of Advocates’ complaints committee said a written reprimand was enough and McConnachie had experienced “considerable embarrassment”.
But the appeal will examine the sexual comments made about Sandy Brindley, head of Rape Crisis Scotland, sending the explicit picture from a court toilet and a potential breach of confidentiality when McConnachie discussed cases.
McConnachie sent a text claiming another QC said he wanted to have sex with Brindley.
The committee split this complaint into two and referred to the other QC as Mr A. Firstly, McConnachie wrote Mr A had “once said to me he’d s*** Sandy Brindley”. Secondly, he wrote: “I might s*** her, just to have something over her, but I wouldn’t enjoy it.”
The faculty dismissed his second comments as they were “wishes about hypothetical sexual activity”.
The first text was found to be unsatisfactory professional conduct because the faculty felt McConnachie was showing “disloyalty” to Mr A. The faculty ruled the second sexist message didn’t constitute “unsatisfactory professional conduct” despite QCs’ code to conduct.
In granting the appeal, the disciplinary committee said it was “irrational” to treat the two texts differently. A spokeswoman for Rape Crisis Scotland said: “It is unacceptable there has been no acknowledgement by the faculty of the deplorable sexist and misogynistic nature of Mr McConnachie’s comments and how they reflect troubling attitudes towards women.”
McConnachie also sent a sexually explicit photograph to a woman, declaring he was in an aroused state in the toilets of Livingston’s High Court.
The committee dismissed this as it was sent a minute after the court day usually ended but the disciplinary committee says it should re-examined.
The appeal will decide if McConnachie should have been found guilty of the more serious professional misconduct which could mean harsher penalties.
The Daily Record attempted to contact McConnachie.
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