Sheriff overheard commenting on porn during break in online training
- Published
A former sheriff was heard making sexual and racist remarks during an online training call after forgetting to switch off his microphone.
Alistair Duff is a former solicitor advocate and was the director of the Judicial Institute of Scotland.
The 69-year-old made the remarks during a lunch break in a WebEx training course for justices of the peace.
His comments were reported to police, who established he had been speaking to a man who was watching pornography.
Duff was fined £1,275 after pleading guilty during a hearing at Edinburgh Sheriff Court on Monday.
The court heard that he had been at home in Edinburgh while delivering training on the course in October 2021.
After returning early from a lunch break, three of the participants overheard Duff making remarks, while apparently on a phone call.
When he realised his microphone was on, Duff was heard to utter an expletive.
During the afternoon session of the training course, Duff was described as "less polished" and looking grey.
Three of the justices of the peace were so concerned by the comments that they contacted the police.
A police investigation revealed that Duff had been speaking to a man in Leven, who has subsequently died.
A search of the man's computer showed he had been watching adult pornography of a male and female dressed in school uniforms having sex.
John Scullion KC, defending, said that his client's lengthy career had "ended in ignominy".
He said: "A reputation built over decades was destroyed in seconds. He had only himself to blame and the personal cost should not be underestimated."
Mr Scullion said his client admitted making "crass and offensive" remarks but there was no significant sexual element to the offence.
He added that his client was "embarrassed and ashamed" by his actions.
Sheriff Douglas Keir told Duff he had taken into account his "long and distinguished career" in what was a "troubling and anxious" case.
The sheriff said he accepted that there had been no significant sexual element to the offence.
Duff made no comment as he left court wearing a long padded jacket with the hood up, and a face covering.
He had admitted conducting himself in a disorderly manner by uttering sexual remarks and a racist remark and placing the other participants in a state of fear or alarm, and committing a breach of the peace.
He retired from judicial office on 1 December 2021, five weeks after committing the offence.
During his career Duff also represented Abdelbaset al-Megrahi, who was found guilty of the Lockerbie bombing after a trial in the Netherlands in 2001.