Tony Kelly, a partner at Taylor & Kelly, Lanarkshire, acts for Abdul Baset Ali al-Megrahi, the Libyan convicted of the Lockerbie bombing, whose case has been referred by the Scottish Criminal Cases Review Commission for a new appeal as a possible miscarriage of justice.
What were the main challenges in this case?
These have still to come. One hurdle, of persuading the commission that a miscarriage may have occurred has been replaced with another: persuading the Court of Appeal Criminal Division. The case itself has many twists and turns, many of which remain opaque. But with challenges come opportunities; we’ll be sure not to pass any up.
What was your worst day as a lawyer?
In December 2002, we lost a very important appeal court case in a prisoner rights case that had ramifications for the role of the courts in restraining the Government from acting in excess of its powers. Acting on behalf of the appellant, we came in for serious (and ultimately unjustified) criticism. The court then refused leave to appeal to the House of Lords.
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What was your most memorable experience as a lawyer?
Quite a few stick out: Thursday, June 28, 2007, when the commission referred my client’s case back to the appeal court; when, eventually, we got the case to the House of Lords and prevailed. The brightest day must be the success of a case in 2004 where the appalling conditions in one of our Victorian jails was held to be in breach of Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment or punishment. It sounded the death knell for the practice of “slopping out” in Scotland and made the subject of prisoners’ rights top of the agenda
Who has been the most influential person in your life and why?
My parents taught me the importance of fighting for the underdog. My wife allowed me to pursue my interest in human rights when any other spouse would have disregarded it as a passing fad: she deserves all the credit for encouraging me. And Nelson Mandela, who appeared in Glasgow to receive the freedom of the city not long after being freed from jail.
Why did you become a lawyer?
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To make a difference to the lot of individuals and, if fortunate, much more. What would your advice be to anyone wanting a career in law? Think about where you want to end up. Every decision inexorably leads to the next: don’t leave your ultimate destination to: “I’ll see where I am then.” Take control and decide that you will start now in shaping your career.
Where do you see yourself in ten years’ time?
As now: running my three daughters around: Dad’s the chauffeur. Only difference will be the destinations and by that time they will not even grunt a polite response. In professional terms I hope that I will continue in the same vein: I love my work (just don’t tell my wife I said that!).