Natalie McGarry: Ex SNP MP appeals embezzlement conviction
- Published
Natalie McGarry's lawyers are appealing her sentence and conviction
A former SNP MP jailed for embezzling almost £25,000 is appealing against her conviction, claiming she had an unfair trial.
Lawyers for Natalie McGarry, who was elected to the Glasgow East constituency in 2015, argue her trial was prejudiced by a "tsunami" of social media posts.
She was jailed for two years but was released in December pending an appeal.
The Court of Criminal Appeal in Edinburgh is hearing the case.
McGarry was found guilty of stealing £19,974 while treasurer of Women For Independence. She was also convicted of taking £4,661 while treasurer and convener of the SNP's Glasgow Regional Association.
The former MP, who held the Westminster post between 2015 and 2017, is also appealing against her two-year prison sentence.
Her lawyers argue she is the victim of a miscarriage of justice as a result of comments posted on social media before the start of her trial at Glasgow Sheriff Court last year.
Gordon Jackson KC said that the tweets meant jurors had been prejudiced and were unable to return fair verdicts.
Gordon Jackson KC is representing former SNP MP Natalie McGarry
He told judges that Sheriff Tom Hughes, who presided over Ms McGarry's trial, should have granted her lawyer's request to abandon proceedings when he was made aware of the tweets.
Mr Jackson said: "At the time the jury were empanelled, there was a tsunami of tweets made about Ms McGarry. These were nasty, personal and focused on attacking her.
"We can see the language in these tweets - she is described as being a 'mind-blowing moron' ... 'she got away with it on a technicality'.
"The Crown say it is of a minor prejudice. But I say that it is not the case, I say it is of a serious prejudice.
"We say that the sheriff erred in not acceding to the submission to desert the trial. We say that the sheriff should have deserted proceedings when he was made aware of the tweets."
Mr Jackson told the court that the tweets contained links to newspaper articles detailing how McGarry had previously pleaded guilty to the embezzlement charge.
He said that during McGarry's trial, her lawyer Allan Macleod took measures to have articles about Ms McGarry's previous cases removed from the internet.
The advocate said that newspapers complied with the request but a problem arose from posts on Twitter.
Urging the appeal court to quash the conviction, Mr Jackson added: "There's a proper risk to the administration of justice in this jurisdiction when faced with the information contained within these tweets."
Mr Jackson also urged the court to cut Ms McGarry's sentence as he believed it was too lengthy given the circumstances surrounding her conviction.
Prosecution case
Prosecutor Alex Prentice KC urged the appeal judges to reject Mr Jackson's submissions.
The court heard that the Crown Office posted warnings on its website about the dangers of tweeting about the case.
Mr Prentice said that Sheriff Hughes had warned jurors to try McGarry solely on the evidence presented to them in court, and that the verdicts they returned showed they had done so.
He added: "The submission is that the jury couldn't be trusted and I think that's wrong.
"There was no basis for thinking this jury was corrupted in any way.
"The sheriff had given a stern warning not to research the case in any way. There was no basis to think they would disregard clear instructions."
The appeals are being considered by Lady Dorrian, Lord Pentland and Lord Matthews
Lady Dorrian said she and her colleagues would deliver their decision in writing as soon as possible.