David Wilkie-Thorburn

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Respondent, a solicitor and senior COPFS prosecutor, sent a menacing Facebook message to a secondary complainer referencing his prosecutorial role and implying she risked deportation, resulting in a criminal conviction under s.127(1)(a) of the Communications Act 2003 (fined £700 in the criminal court). The Tribunal found him guilty of professional misconduct singly and in cumulo for breaching rule B1.2, failing to maintain propriety, breaching the duty of integrity and bringing the profession into disrepute. No express finding of dishonesty was made (the breach was of integrity). The Tribunal suspended him from practice for two years (it would have struck him off but for mitigation), awarded expenses to the Complainers excluding the 20 June 2022 procedural hearing, and directed publicity naming the Respondent but anonymising the three secondary complainers, rejecting his Rehabilitation of Offenders Act 1974 and other arguments against publicity.

Duties found breached:

• Honesty
• Personal probity and fitness to practise
• No conflict between current clients

Aggravating factors:

• Respondent was a senior prosecutor (head of prosecution in Grampian) and the menacing message specifically referenced and threatened to use that professional position
• Message placed the recipient in a state of fear and alarm that she was at risk of deportation
• Conduct damaging to reputation of the profession, attracting significant press interest

Mitigating factors:

• One-off message rather than a course of conduct
• Full cooperation with criminal prosecution and disciplinary proceedings
• Self-referral to the Law Society though not obliged
• Joint Minute and Answers admitting the conduct, no evidence required
• Loss of 19-year career with COPFS and financial/pension consequences
• Significant impact on mental and physical health
• Genuine remorse and full responsibility taken
• No previous disciplinary record
• Supportive references and contribution to public service and training