Twitter comments amount to nothing more than pub “tittle-tattle” a judge ruled as former MP Natalie McGarry had her embezzlement conviction appeal quashed.
McGarry, 41, from Inverkeithing, failed to convince appeal judges social media posts prevented her from receiving a fair trial in Glasgow last year.
Advocate Gordon Jackson KC told the Court of Criminal Appeal in Edinburgh such posts present a “real problem” for the Scottish justice system.
Mr Jackson said Ms McGarry, who sat as SNP MP for Glasgow East, was the subject of a “tsunami” of tweets from “nasty” personal comments to out-of-context references to an earlier guilty plea to the embezzlement charges, with no reference to why appeal judges ordered a retrial.
Mr Jackson said the tweets’ content meant jurors had been prejudiced and would have been unable to return fair verdicts.
However, in a written judgement published by the court on Thursday, Lady Dorrian and colleagues dismissed the appeal and concluded McGarry received a fair trial.
Although the appeal against conviction was quashed, McGarry had four months knocked off her two-year prison sentence, which judges said was “excessive”.
Jurors warned at least five times
The judges concluded legal safeguards meant jurors considered only the evidence presented in court.
Regarding instructions Sheriff Tom Hughes gave jurors during the trial, Lady Dorrian wrote: “He repeatedly told the jury (at least five times) that they required to reach their verdict on the evidence led in court and without regard to any other source.
“Throughout the course of the trial he returned to this issue, regularly reminding the jury of their obligations in this respect, and of the need to take account only of evidence laid before them in court during the course of the trial.
“These were thorough and careful directions, making the position abundantly clear, and there is no basis for thinking that the jury did not follow them.
“Allied to the fact that jurors can be taken to follow the instructions given to them, particularly on an issue which is so straightforward, is a further factor of relevance in the difference between mainstream publications or news agencies and social media.
“Unlike the former the latter operate without editorial control, frequently in an irresponsible manner and usually unaccountable to others, unless in extreme cases they may be traced and prosecuted for contempt.
“They do not represent what is commonly understood by the word ‘journalism’.
“They are not designed, and frequently do not even purport to be, fair and accurate reports of proceedings.
“They are in many respects the modern day equivalent of gossip and tittle-tattle at the bus stop or the pub.
“As adults with a collective intelligence and common sense, jurors know and understand this.
“The appeal against conviction is refused.”
Fall from grace
McGarry was given a two-year prison sentence in July 2022 after being found guilty of stealing £19,974 while treasurer of Women For Independence.
McGarry was also convicted of pocketing £4,661 when she was treasurer and convener of the SNP’s Glasgow Regional Association.
Some of the money had been destined for Perth and Kinross Foodbank, the court had been told.
The court heard that McGarry spent some of the money on expenses such as rent and shopping.
Her legal team admitted her finances were “disorganised” and “chaotic”.
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