Following Sheriff Turnbull’s decision, and with a ‘proof’ hearing of G.M.S.T. v Gallacher scheduled for November 2016, the issue of ‘ratification’ once again assumed importance. Back in June 2010, the Trust’s solicitor – then Alasdair Hendry – had assured Paul McNairney that Blair & Bryden would not raise an action if it was unconstitutional.
Clearly, if G.M.S.T. v Gallacher WAS raised unconstitutionally it was incompetent, and fell to be dismissed automatically, which is why Andrew Upton put the following to Blair & Bryden once again – fully six years later!
No satisfactory response was received, although Mr. Harvey later stated to Mortonjag that he was ‘entitled to take instructions from the Chairman of the Trust’. That may have been true, but unless those instructions represented the wishes of the membership, the action remained incompetent in law, as had been confirmed to Mortonjag by a ‘Third Sector’ solicitor.
The Trust membership was never consulted. That is indisputable. It might have been argued that the committee had latterly acted in good faith in representing the members if they could provide proof that instructions to Blair & Bryden had been considered responsibly and properly ‘minuted’.
If Nick Robinson was in full control of G.M.S.T. v Gallacher from the outset, however, that was a blatant example of acting ‘Ultra vires’ and the action was incompetent. The G.M.S.T. is constitutionally a ‘one member one vote’ democratic organisation – NOT the Third Reich!
The Sheriff would require to know if the membership had ratified instructions to Blair & Bryden since the court case was recalled.
Last August, Mortonjag sent the following to Trust Secretary Mary Sellar, after explaining in email that the formality was necessary because of the ongoing legal process.
Following an ominous silence, a second ‘stiffer’ letter was sent. The following is abridged.
Again, there was no response – reminiscent of Mortonjag’s early dealings with Trustee Fiddler Forsyth!
Copies were then sent by recorded delivery to Cllr. Chris McEleny – a Trust Board member. That was done because, with a public image to protect, Chris was more likely to act responsibly than the others. ONCE AGAIN NO RESPONSE WAS RECEIVED. Within weeks, Cllr. McEleny resigned from the Trust committee.
Why were the Trust Secretary and an experienced local politician refusing to answer legitimate questions on behalf of a paid up member of an organisation they had been elected to serve? What were they afraid of? HAD THEY BEEN FORBIDDEN TO SPEAK?
Meanwhile, when Mortonjag once again attempted to discuss his membership issue with the Secretary, his email was intercepted by Herr Fuhrer Robinson, who responded on her behalf. Presumably Mrs. Sellar had firstly been ‘silenced’ by him who had ‘full delegated authority’!
HE WHO HAD ‘FULL DELEGATED AUTHORITY’ PRONOUNCED THAT IT WAS PREPOSTEROUS THAT THE REPRESENTATIVE OF A TRUST MEMBER SHOULD DARE TO QUESTION THE ACTIONS OF HIS ELECTED REPRESENTATIVES. HEIL NICKLER!
HE WHO HAD ‘FULL DELEGATED AUTHORITY’ ALSO PRONOUNCED THAT IT HAD BEEN LITTLE SHORT OF HARASSMENT THAT THE REPRESENTATIVE OF A TRUST MEMBER HAD DARED TO ASK LEGITIMATE QUESTIONS OF THE SECRETARY WHO WAS ELECTED TO SERVE THE MEMBERSHIP. HEIL NICKLER!
NICK ROBINSON HAD COMPLETELY LOST SIGHT OF REALITY!
WHEN BLAIR & BRYDEN WERE FORMALLY ASKED TO CONFIRM THE SOURCE OF THEIR INSTRUCTIONS BY HARPER MACLEOD LL.P. THEY FAILED TO DO SO!