McGarry cleared of embezzlement as judges declare ‘miscarriage of justice’
FORMER MP Natalie McGarry wept tears of joy moments after appeal judges ruled she had been a victim of a miscarriage of justice.
Judges Lord Carloway, Lord Glennie and Lord Turnbull quashed the former SNP politician’s embezzlement convictions following a hearing at the Court of Criminal Appeal yesterday.
The judges made their ruling after hearing submissions at the Edinburgh court from defence advocate Gordon Jackson QC.
The details of Jackson’s submissions cannot be reported for legal reasons.
The Crown was represented by Alex Prentice QC. His submissions cannot also be reported for legal reasons.
But Jackson’s client, who spent the one hour and 40 minute-long hearing sitting in the dock, broke down.
The former Glasgow MP started weeping as Lord Carloway, Scotland’s most senior judge, told her of the court’s decision.
McGarry was told she will have to stand trial again.
He added: “The court will give its full reasons in writing in the future.
“However, the decision of the court is that there has been a miscarriage of justice in that a plea was tendered in circumstances which was clearly prejudicial to the interests of the appellant.
“The conviction will therefore be quashed and a retrial be ordered.”
The former Glasgow East representative was jailed for 18 months in June 2019 at the city’s sheriff court after
pleading guilty to stealing more than £25,000 from pro-Scottish independence groups.
The former politician was jailed after being convicted of taking cash she allegedly wasn’t entitled to from the SNP’s Glasgow Regional Association, as well as from Women for Independence.
McGarry was elected as an SNP member in 2015 but resigned the party whip following the emergence of fraud allegations – which she denied at the time.
She continued in Parliament as an independent representing Glasgow East but did not seek re-election in 2017.
Prosecutors said some of the money included in the sum allegedly embezzled included donations meant for a food bank.
She was said to have spent some of the money on rent, a holiday to Spain, cash transfers to her husband – Glasgow Conservative councillor David Meikle – and other lifestyle expenses.
After pleading guilty to the embezzlement charges, Sheriff Paul Crozier told McGarry: “You have fallen very far short of the standards the general public should expect from their elected representatives. There is no alternative than a custodial sentence as you have shown no remorse.”
McGarry left the appeal court and made no comment as she walked through Edinburgh’s historic Parliament Square heading in the direction of Princes Street.