Ex-MP Natalie McGarry loses appeal over embezzlement conviction

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Natalie McGarryImage source, PA Media
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Natalie McGarry's lawyers appealled her sentence and conviction

A former SNP MP jailed for embezzling almost £25,000 has lost an appeal over her conviction, but had her prison term cut to 20 months.

Lawyers for Natalie McGarry, who was elected as Glasgow East MSP in 2015, claimed her trial was prejudiced by a "tsunami" of social media posts.

The Court of Criminal Appeal concluded that legal safeguards meant that jurors considered only the evidence in court.

She had been jailed for two years after a trial in June last year.

McGarry, 41, 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.

Judges dismissed her appeal and said that she received a fair trial.

Lady Dorrian, who gave the judgement, compared the posts on Twitter to the equivalent of "tittle tattle" at the bus stop or pub.

She said trial judge Sheriff Tom Hughes repeatedly told the jury to reach their verdict on the evidence in court, "without regard to any other source"

She added: "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."

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Gordon Jackson KC represented former SNP MP Natalie McGarry

McGarry's lawyers had argued she was the victim of a miscarriage of justice as a result of comments on social media before the start of the trial at Glasgow Sheriff Court.

Gordon Jackson KC said the tweets meant jurors had been prejudiced and were unable to return fair verdicts.

Mr Jackson said the tweets contained links to newspaper articles detailing how McGarry had previously pleaded guilty to the embezzlement charge.

He added: "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."

The appeals were considered by Lady Dorrian, Lord Pentland and Lord Matthews.

The former MP, who held the Westminster post between 2015 and 2017, also appealed against her two-year prison sentence.

The judges agreed to reduce McGarry's prison sentence to 20 months.

Lady Dorrian added: "It seems that the sheriff took this into account in reaching the sentence which he selected, leading him to impose a sentence which may properly be described as excessive."