Scotland's most senior law faculty is set to investigate a lawyer, who represented a Glasgow University rapist, after he appeared to suggest that there was 'nothing wrong' with the sex attacker after he was found guilty of two counts of rape.
Daniel McFarlane, who studied at the city university, was represented by Lorenzo Alonzi during his trial when the 24-year-old was convicted of raping his then-girlfriend, Ellie Wilson, last year.
The brave woman, who has waived her right to anonymity, submitted a complaint to the Scottish Legal Complaints Commission (SLCC) about Alonzi's behaviour after he made what she called "re-traumatising" statements about her in open court, reports the Record.
The transcripts show the advocate of 33 years repeatedly asked the rape survivor if she had a "narcissistic personality disorder" and tried to suggest that she did 'not say no' to McFarlane's sexual advances. The SLCC is referring 11 of the 13 issues raised to the Faculty of Advocates for further investigation.
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A ruling has not been made yet on whether he behaved inappropriately. The Faculty will decide whether any of the behaviour constitutes "unsatisfactory professional conduct or professional misconduct".
Ellie managed to crowdfund £3,000 to pay for a transcript of the trial so she could complain to the SLCC.
She said: "I have mixed feelings about it – I'm proud of myself for being able to turn something awful into a positive change for others but all of these issues should have been resolved a long time ago."
The Faculty is being asked to investigate remarks that Alonzi made in court about her sexual history, alongside a statement in which he said it was an "injustice" that she graduated with a masters degree while McFarlane was convicted. Alonzi also appeared to suggest McFarlane's actions were motivated by "love" and suggested there was "nothing wrong" with the rapist after he was found guilty.
A transcript of his remarks, made after McFarlane's conviction but before his sentencing, reads: "It's difficult not to imagine some sense of injustice in it all. Because really all this was, was a relationship that wasn't going well.
"[McFarlane] had never, he hadn't even kissed a girl before, and he fell in love with the wrong person. What are we going to do, change him? There’s nothing wrong with him now."
The Scottish Government is set to pilot a scheme which allows sexual assault survivors access to their court transcripts for free. Ellie, who suffers from PTSD, hopes the move will prompt other survivors to stand up for themselves, and encourage lawyers in sexual assault cases to rethink their approaches.
She said: "I think the environment that a lot of these lawyers operate in is one of impunity. I hope it sets a precedent and that they can't just go around saying whatever they like.
"I have had discussions with survivors much older than me who went through the criminal justice system 20, 30 years ago and they had such awful experiences and had hoped things might have been better for me. [Attitudes] are moving at such a slow pace – the legal profession is stuck in the past."
McFarlane has tried appeal his conviction in a number of different ways since he received his five year sentence last year. Ellie says she cannot begin to put the ordeal behind her until he has exhausted all options – and the Faculty's investigation is complete.
She added: "This has been an ongoing battle for me – the court case finished last year but I don't feel like justice will have been done until I deal with the secondary trauma. It's not like you ever get over it but I would like my own justice journey to be over soon and it can't be until this has all been dealt with."
Alonzi is understood, via his representatives, to have denied acting improperly in responses to the SLCC. He and the Faculty of Advocates were contacted for comment.
