LETTERS between Labour and Tory ministers and correspondence relating to Thomas Hamilton's alleged involvement with Freemasonry are part of a batch of more than 100 documents about the Dunblane mass murder which have been sealed from public sight for 100 years.
The documents include a letter connected to Hamilton, which was sent by George Robertson, currently head of Nato, to Michael Forsyth, who was then Secretary of State for Scotland.
Until now it was thought that a 100-year public secrecy order had only been placed on one police report into Hamilton which allegedly named high-profile politicians and legal figures. However, a Sunday Herald investigation has uncovered that 106 documents, which were submitted to the Dunblane inquiry in 1996, were also placed under the 100-year rule.
The Scottish Executive has claimed the 100-year secrecy order was placed on the Central Police report, which was drafted in 1991 five years before the murders, to protect the identities of children named in the report. Hamilton had allegedly abused a number of children prior to his 1996 gun attack on Dunblane primary school in which 16 primary one children and a teacher died before Hamilton turned his gun on himself.
However, only a handful of the documents, which the Sunday Herald has discovered to be also subject to the 100-year rule, relate to children or name alleged abuse victims.
The most intriguing document is listed as: 'Copy of letter from Thomas Hamilton to Dunblane parents regarding boys' club, and flyer advertising Dunblane Boys' Sports Club. Both sent to Rt Hon Michael Forsyth, MP, Secretary of State for Scotland, by George Robertson MP.' Also closed under the 100-year rule is a 'submission to Lord James Douglas Hamilton, MP, Minister of State at the Scottish Office, concerning government evidence to the Inquiry'.
Another document relates to correspondence between the clerk of the Dunblane inquiry, which was presided over by Lord Cullen, and a member of the public regarding 'possible affiliations of Thomas Hamilton with Freemasonry ... and copy letters from Thomas Hamilton'.
SNP deputy justice minister, Michael Matheson, said: 'The explanation to date about the 100 -year rule was that it was put in place to protect the interests of children named in the Central Police report. How can that explanation stand when children aren't named? The 100-year rule needs to be re-examined with respect to all documents.'
Matheson has written to the Lord Advocate, Colin Boyd, asking why the 100-year rule applies and how it can be revoked. He has so far had no response. He also asked First Minister Jack McConnell to explain the reasons for the 100-year order but received 'no substantial answer'. Matheson is to write to Colin Boyd a second time, in the light of the discovery that more than 100 other documents are also sealed, asking him to account for the decision.
A spokeswoman for the Crown Office said: 'In consultation with the Crown Office and the Scottish Office, Lord Cullen agreed that in line with the age of some of the individuals involved and named in the inquiry, the closure period would be 100 years. The Lord Advocate is considering issuing a redacted copy of the productions, which would blank out identifying details of children and their families. A decision on this has yet to be made.'
Other sealed key reports on Dunblane include:
· A 'comparative analysis of Thomas Hamilton' by Central Scotland Police
· Information about Hamilton's 'use and possession of firearms'
· Pathology reports, Hamilton's autopsy report, and analysis by Glasgow University's forensic science lab on blood, urine and liver samples from Hamilton's body
· Details on firearms licensing policies
· A review by Alfred Vannet, regional procurator fiscal of Grampian, Highland and Islands, of 'reports and information in respect of Thomas Hamilton submitted to the procurator fiscals of Dumbarton and Stirling by Strathclyde Police and Central Police'
· A psychological report on Hamilton
· Guidance from the British Medical Association on granting firearms licences
· 'Transcript of and correspondence relating to answering-machine tape which accidentally recorded conversation between police officers at the scene of the Dunblane incident'
· Correspondence and witness statements 'relating to allegations of sexual abuse made against Hamilton'
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Robertson considers action over web allegation
ANDREW DENHOLM
adenholm@scotsman.com
GEORGE Robertson, the NATO secretary general, is considering legal action against the owners of the Sunday Herald, over internet allegations about his connection to Thomas Hamilton, the Dunblane killer.
The move by Lord Robertson, which could force Scottish Media Group to pay out hundreds of thousands of pounds in compensation, follows claims posted on the newspaper’s discussion page by a member of the public.
Last night, lawyers warned that the scale of the payout could even force the Sunday Herald out of business, given worldwide awareness of the Dunblane massacre.
There was also concern that the case could have serious implications for anyone who operates a website encouraging views from members of the public.
Andrew Jaspan, the editor of the Glasgow-based Sunday Herald, admitted the website was not "policed", although he insisted the offending material had been removed half an hour after the paper was contacted by Lord Robertson’s representatives.
However, last night, a legal source said the information posted on the Sunday Herald forum had been there for four weeks and could have badly damaged Lord Robertson’s reputation.
He said: "We are talking about a well-known public figure on the international stage being linked through these allegations to an atrocity which is known throughout the world.
"We are talking about hundreds of thousands of pounds in compensation and even an amount which could close the newspaper.
"Authors already have a responsibility not to publish defamatory statements. If they do, and they do put them on the web, then there is no reason why they shouldn’t be liable worldwide."
Another Scottish legal expert said online defamation typified by the case involving Lord Robertson was an area of increasing concern for businesses.
Traditionally, defamation has been considered a national matter, with little scope for conflict between laws of different countries, but the internet has muddied the waters by emphasising the cross-border access to websites which is possible for users.
Gillian Davies, a solicitor with Edinburgh-based Shepherd & Wedderburn, who specialise in intellectual property and information technology law, said: "Documents published and uploaded in one country can be viewed and downloaded all over the world, exposing newspapers and other publishers to the libel laws of potentially any nation which provides internet access to its citizens.
"The lack of a uniform approach at an international level to such issues prevents any kind of legal certainty."
Internet speculation about Lord Robertson grew following the revelation that 106 documents were closed to the public after the inquiry into the shootings at Dunblane Primary School in 1996.
Lord Robertson told Lord Cullen’s public inquiry he became increasingly concerned about Hamilton’s militaristic camps after his own son attended Dunblane Rovers, run by Hamilton in 1983. After speaking of his fears to Michael Forsyth, then a newly elected MP for Stirling, Lord Robertson kept him informed of publicity relating to Hamilton’s clubs.
Yesterday, the Mail on Sunday claimed the letters between the two politicians drew a detailed picture of Hamilton’s perverted behaviour towards young boys in his care as well as his firearms obsession.
The paper states that letters from Mr Forsyth "campaigned on behalf" of Hamilton from 1983 onwards, but that he also passed to police parental concerns about Hamilton’s personality. After receiving letters from Hamilton complaining about a police investigation into his 1988 summer camp, Mr Forsyth raised the issue with Central Scotland Police.
A year later, Hamilton met the force’s deputy chief constable and, the Mail says, shortly afterwards the killer wrote to Mr Forsyth "thanking him for his assistance".
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