Scotland's top judge, Lord President Lord Pentland, ruled against filming former SNP chief executive Peter Murrell's reaction to his sentencing, citing concerns that it could be exploited on social media as a meme or GIF.
Lord Pentland determined it would be 'inappropriate' to film Murrell when his sentence was read out, upholding a decision made by the case's judge, Lord Young. Lord Young had expressed unease that the accused's reaction, or lack thereof, could be subject to analysis and replay, potentially fueling public critique of the sentence's severity.
Murrell, the estranged husband of former Scottish First Minister Nicola Sturgeon, was sentenced to five years and three months in prison after admitting to embezzling over £400,000 from the Scottish National Party. Part of Murrell's sentencing hearing, including his arrival and departure from court, was filmed by the BBC in June.
Messages released under freedom of information legislation revealed the judicial discussion surrounding the filming request. Lord Young stated that allowing further filming of Murrell's reaction felt 'too intrusive' and difficult to control, particularly the potential for the footage to be used out of context online. Lord Pentland agreed, stating the request should be refused, though filming of Murrell entering and leaving the dock was permitted. A request for a sketch artist was granted.
Dr. Nick McKerrell, a senior lecturer in law at Glasgow Caledonian University, commented on the slow pace of introducing cameras into Scottish criminal courts, suggesting that such concerns highlight the challenges. He noted that while filming legal arguments is becoming more common in civil courts, extending it to live filming of accused individuals, juries, and witnesses is a significant step.
The Judicial Office for Scotland spokesperson stated that cameras have been permitted in Scottish courts since 1992, with filming subject to permission and careful consideration of fairness. While sentencing statements and pleas in mitigation have been filmed for news broadcasts, the accused has historically not been filmed during sentencing for such purposes.
In related developments, Nicola Sturgeon, in a new introduction to a paperback version of her book 'Frankly,' reflected on Murrell's sentencing. She described feeling "completely and utterly betrayed" by her estranged husband's actions, stating that he had lied to her and exposed her to "suspicion, humiliation and vilification."