Protection racket witness fined for contempt of court

Jun 5 2008

A LANARKSHIRE man who committed contempt of court in a long-running extortion trial has avoided a jail term.

William Russell Jnr (34), a former world champion yachtsman, was found guilty of the offence last month at Hamilton Sheriff Court.

Last week, he was fined £1500 by Sheriff Marie Smart.

He had been called to give evidence last month in the trial of Marion Lang and Wilson Bowman on charges of extortion and attempted extortion.

During the trial, Russell, of Hunthill Road, Blantyre, was questioned by fiscal-depute Jim Leck, who read out a police statement Russell had signed three years ago.

It related to an alleged incident on December 17, 2004, at Russell Construction at Hillhouse Industrial Estate in Hamilton, and stated: “A women approached my dad about security. I recognised her as a woman called Marion Lang. She said she did all the security in the area.

“My dad told her ‘no’ and said we have never needed security.

“She then pointed to a digger and said ‘that would make a good fire.’

“ I saw this as a threat.”

However, when Mr Leck asked Russell about the statement, he repeatedly answered: “I don’t remember” and “no”.

He also failed to identify Marion Lang, who was sitting in court at the time.

Despite warnings from Sheriff Marie Smart that his answers may be construed as a contempt of court, Russell continued to answer “don’t remember” and “no” to all questions, but despite having totally changed his story, insisted he was telling the truth.

Mr Leck continued reading Russell’s police statement, saying: “The guy drove up to the site. He told my dad we had to sign an invoice. He said: ‘We know where you f*****g stay and we will burn your f*****g house down.’ ”

Russell claimed in court that he did not remember making the signed statement to police.

Subsequently, the extortion charge which related to the incident was dropped by the Crown.

Lang was later found guilty of three attempted extortions while Bowman was found not guilty of two charges of attempted extortion.

On Wednesday, May 7, Russell, who works for Bystone Estates in Glasgow, appeared at Hamilton Sheriff Court and was found guilty of contempt of court.

Sheriff Marie Smart had warned him she was considering jail as punishment.

Last week, Russell, who had denied committing contempt, returned to court for sentencing.

His solicitor, Neil Hay, presented letters supporting Russell, including one from Murdoch McKillop, a former President of the Institute of CharteredAccountants of Scotland.

Mr Hay added: “He (William Russell) is the type of man who puts family before himself.

“Others in the community have nothing but good things to say about him. He has no blemishes on his character.”

Mr Hay also told how Russell, who had no previous convictions, had raised £3500 for charity in recent years.

He also mentioned his client’s prodigious sporting talent. In 1989, at the age of 15, Russell became a world champion sailor.

Sheriff Marie Smart said: “Contempt of court is a serious matter. You took an oath and you had to tell the truth, and not as you did by feigning a loss of memory.

“ You are a man of considerable intelligence and to suggest that you cannot remember is wholly unconvincing.

“ However, I do not consider that any purpose would be served by a custodial sentence. Your blemished character will be enough punishment.”