David Wilkie-Thorburn

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

David Wilkie-Thorburn, a solicitor and senior COPFS prosecutor, sent a menacing Facebook message to a secondary complainer referencing his prosecutorial role and threatening deportation, resulting in a criminal conviction under section 127(1)(a) of the Communications Act 2003 (racially aggravated) and a £700 court fine. The Tribunal found him guilty of professional misconduct for breaching rule B1.2, failing to maintain propriety in private life, breaching the duty to act with integrity, and bringing the profession into disrepute. It found no dishonesty. But for mitigating factors it would have struck him off; instead it suspended him for two years, awarded expenses to the Complainers (excluding the procedural hearing of 20 June 2022), and directed publicity naming the Respondent but anonymising the three secondary complainers. The Tribunal rejected arguments under the Rehabilitation of Offenders Act 1974 that publicity should be barred.

Duties found breached:

• No improper communication with the court
• Honesty
• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• Message specifically referenced his senior position as head of prosecution in Grampian and threatened use of that position
• Placed the recipient in a state of fear and alarm that she was at risk of deportation
• Significant press publicity damaging to the reputation of the profession
• Conduct described as deplorable and shocking

Mitigating factors:

• One-off message rather than a course of conduct
• Full cooperation with the criminal prosecution and disciplinary proceedings
• Self-referral to the Law Society when not obliged
• No previous disciplinary record
• Loss of a 19-year career in public service with COPFS and financial consequences
• Significant impact on mental and physical health
• Expressions of remorse and full acceptance of responsibility
• Four supportive references produced
• No intention of returning to the profession