Scotland’s traffic commissioner has launched a scathing attack on a solicitor who helped keep a haulage firm on the road – after it caused a young woman’s death.
Michael Allan “undermined” Joan Aitken’s vital public safety role by acting as a “front” for the business after beautician Christina Fraser was killed in a horrific accident.
Munro & Sons Ltd was shut down after the 24-year-old was crushed to death when a 30-tonne digger rolled off a transporter and hit the car she was a passenger in.
But suspicions were soon raised that Aberdeen-based criminal lawyer Mr Allan – who also owned his own transport company – was allowing Munros to continue operating under his name.
He assured Miss Aitken – who is the Traffic Commissioner for Scotland – that this was not the case.
But following a lengthy investigation and public inquiry, she found that he was helping the banned company operate undercover.
Last night, the Scottish Solicitors’ Discipline Tribunal (SSDT) ruled that Mr Allan had brought the industry into disrepute following its own investigation into the case.
The legal watchdogs have censured him, fined him £1,000 and ordered him to pay expenses – which could run into thousands of pounds.
Miss Aitken also criticised the lawyer for duping her and for furthering the business interests of people she had taken off the road to protect the public.
She said: “I remain professionally and personally disappointed that he breached the trust expected of him as an operator and as a Scottish solicitor.
“He undermined my vital public protection role.”
Last night, Mr Allan said he refused to accept that he had ever done anything wrong, and that he was never given a proper chance to plead his case.
He said he never appealed the commissioner’s decision because of the incredible costs involved, and that he was “furious” she had reported him to the SSDT for an offence she knew he had not had a proper chance to argue.
“It was a nasty move,” he said.
Mr Allan was disqualified from holding an operator’s licence for seven years in 2012 following a public inquiry.
Miss Aitken – who presided over the case – concluded that the solicitor had engaged in a “gross breach of trust” and also disqualified his company, MSA Logistics Ltd, from holding a licence for the same period.
She said that as a “practising solicitor” Mr Allan had appeared before the Traffic Commissioner before and represented licence holders on “numerous occasions”.
However, he failed to appear before the commissioner for his own hearing.
Mr Allan could have been struck off by the SSDT.
The body said he was guilty of professional misconduct by allowing his company – of which he was the “controlling mind” – to be shut down.
Mr Allan categorically denied having ever “fronted” such an enterprise, and claimed that the investigation into the case was sparked because officials had a vendetta against Munro & Sons.
He claimed that when the dates for his inquiry were announced, he told them he was busy covering a case in Edinburgh.
“But the case went ahead anyway,” he said.
“The traffic commissioner was told a number of times that I could not attend the inquiry on that date.
“She was asked to fix new dates but that was refused.”
Mr Allan said he was “absolutely furious” when he was initially found guilty, and subsequently reported to the SSDT.
“The inquiry went ahead without my company being represented,” he said.
“I decided not to appeal because of the huge expense.”
He said that despite being frustrated with the most recent development, he would accept the punishment in order to put the case behind him.
“I am sure they would have liked me to be punished more,” he said.