Shelagh McCall KC

Shelagh brings extensive experience of trials and appeals. She has appeared in many high-profile, sensitive and complex cases – as leader, alone, and as junior. She is known for being innovative in developing legal argument in challenging cases. In court, she is calm and considered – an approach which finds favour with judges, witnesses and juries alike. Her ability to write clearly and persuasively has been demonstrated in submissions to the Judicial Committee of the Privy Council, the ICTY Appeals Chamber, and in civil statutory appeals.

Selected Cases

International Criminal Cases:
Prosecutor v Momčilo Krajišnik IT-00-39-A: Appeal by former President of Bosnian Serb Assembly, Crimes against Humanity, Joint Criminal Enterprise (ethnic cleansing of Bosnia 1992) (joint senior counsel)
Prosecutor v Stanislav Galić IT-98-29-A: Appeal: Crime of Terror, Crimes against Humanity, War Crimes, Fair Trial (siege of Sarajevo)
Prosecutor v Limaj, Bala & Musliu IT-03-66-A: Appeal: Joint Criminal Enterprise, Identification, Alibi (Kosovo Liberation Army prison camp case)
Prosecutor v Hadžihasanović & Kubura IT-01-47-A: Appeal: Superior Responsibility for Crimes against Humanity and War Crimes (plunder and cruel treatment) (joint senior counsel)

Scottish Cases:
HMA v Angus Sinclair [2014] HCJAC 130: first application under the Double Jeopardy (Scotland) Act 2011, in connection with Worlds End murders

Epic Group (Scotland) Ltd v PF Aberdeen [2014] HCJAC 20 – successful appeal re application of due diligence defence.

Rehman & Ishaq v HMA [2014] HCJAC 472 – (as senior) appeal against murder conviction – adoption of statements and concert

Ferguson et al v HMA [2014] HCJAC 19 – (as senior) appeal court guidelines case re Orders for Lifelong Restriction

Robert Dempster senior & Ors v Security Industry Authority B831/09, 19 September 2013, Sh Principal Kerr: Application of A6 to public law regime under Private Security Industry Act, successful appeal against revocation of licences

Mark Chamberlain-Davidson v HMA [2013] HCJAC 54: Violation of A6 right to legal assistance, conviction quashed

Mark Chamberlain-Davidson v HMA [2012] HCJAC 120: Power of High Court to reject a reference from SCCRC, standard to be applied, application of A6

Miller v Smith [2012] HCJAC 166: Wildlife Crime, admissibility of interview by wildlife inspector

Dundee Cold Stores Limited v HMA [2012] HCJAC 102: Appeal relating to violation of Health and Safety at Work Act, appropriate use of guidelines, sentence reduced

Gifford & Glass v HMA [2011] HCJAC 101: Appeal relating to application of A10 to direct action protests

John McDonald v HMA [2010] HCJAC 45: Appeal against conviction for murder

Megrahi v HMA: Appeal against conviction for the Lockerbie bombing (SCCRC ref)

HMA v Fleming 2005 SCCR 324: Appeal re first instance decision to desert trial simpliciter based on violation of ECHR

Holland v HMA 2005 PC 3: Dock identification and disclosure; conviction quashed

Campbell & Steele v HMA 2004 SCCR 220: “ice cream wars” case, fresh evidence (SCCRC ref); conviction quashed

Hugh King v PF Paisley, 29 June 2004, XJI968/03: Appeal re competence and relevance, Public Bodies Corrupt Practices Act 1889

Galbraith v HMA 2002 JC 1: Definition of diminished responsibility; conviction quashed