In May 2020 Scottish prosecutors charged journalist Mark Hirst for comments he made arising from the Alex Salmond trial. Mark's trial took place on the 7th of January 2021 where he was acquitted after the Court ruled "there was no case to answer".
In February 2026 Lord Lake at the Court of Session stated, "viewed objectively there was no reasonable and probable cause to commence the prosecution [against Mark Hirst]."
Now Mark is taking action against Scotland's prosecuting authority, the Crown Office by bringing a "malicious prosecution" case against them.
Following the acquittal of former First Minister Alex Salmond in 2020, Scottish prosecutors (The Crown Office and Procurator Fiscal Service, COPFS) began actively pursuing independence supporters who publicly supported the former First Minister of Scotland.
Scottish authorities arrested and charged Mark Hirst for comments he made in a short video, 2 minutes and 38 seconds in length, in the wake of the Salmond trial.
On the 7th of January 2021 Mark Hirst was acquitted after the Sheriff (judge) ruled “there was no case to answer”. Sheriff Peter Patterson concluded, “I do not accept [the comments made] would cause a reasonable person fear and alarm.”
Welcoming the verdict of not guilty former Scottish Government Justice Minister Kenny MacAskill MP said, “The Crown once again tarnished but justice prevails. Those damaging the institution need redded out. This is a pattern and an abuse of privilege.”
Following advice from senior counsel Mark brought a "malicious prosecution" legal action against the Crown Office and Police Scotland.
A legal fund, by way of a crowd-funder, was established to support this action.
This has already been described as an historic legal case and a major challenge to the prosecuting authorities that many believe has abused their power and authority.
This is an important legal action that will reverse the chilling effect arising from the actions of the Crown Office in recent times that has had major consequences for freedom of expression in Scotland.
Thank you for your support.
“Equality before the law is a crucial component of a civilised justice system. Just how important this value is in the mind of the public has been clearly demonstrated by the furious reaction to the Dominic Cummings affair. My concern is that the conduct of the Scottish police and Crown Office, in the aftermath of the acquittal of Alex Salmond, has failed to respect and promote that value.”
- Professor Robert Black QC, FRSE, - Professor Emeritus in Scots Law.
“Are the Crown acting as Government lawyers or impartial prosecutors? This isn’t just an abuse of process; it’s looking like an abuse of power.”
- Kenny MacAskill MP, Former Cabinet Secretary for Justice, Scottish Government.
“The right to a free trial is a cornerstone of democracy. It is what protects the citizen against the knock on the door in the middle of the night. It is what protects people from unlawful detention. It is what protects people from the jackboot of totalitarianism. Democracy is based on personal freedom, and where there is no fair trial, freedom does not exist.”
- Fergus Ewing MSP, former Scottish Government Cabinet Secretary and Minister speaking in support of Mark Hirst in the Scottish Parliament in February 2026.
“I’m truly outraged about these whole suspicious proceedings. Plus Mark and Craig Murray have been treated in the most disgusting repressive manner. The roots of this injustice has to be rooted out. So consider Mark and Craig have my total support.”
- Brian Cox, Actor, Director, Writer.
"Losing £24million in damages for "malicious prosecutions", blocking documents in the Salmond Inquiry, hounding journalists like Mark Hirst. Scotland's prosecution service is too close to government, too remote from natural justice."
- Iain MacWhirter - Ex BBC TV/ radio presenter. Former Rector Edinburgh University.
“Mark Hirst is a respected professional journalist and a member of our Institute. Freedom of expression in the UK means that he has the right to exercise his skills with political activism in the media.”
- Professor Tim Crook, President of the Chartered Institute of Journalists.
“In conclusion, whether on the basis of the view taken by the sheriff at the trial or an examination of the evidence available, viewed objectively there was no reasonable and probable cause to commence the prosecution [against Mark Hirst] – no case fit to be put before a court.”
- Lord Lake, Court of Session written judgement February 2026
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Aerial footage from Aurora Media Scot. Sky high service at a down to earth cost.
Links
For a full insight into what is really happening in Scotland and abroad we can recommend the following sites:
Solicitor Advocate Gordon Dangerfield
Global figures back Salmond supporters
Support Mark Hirst, article by Tommy Sheridan
Lockerbie Blog Spot by Robert Black QC
Mark Hirst is an accredited journalist who has worked for STV News as a reporter and also Radio Sputnik / Sputnik News UK where he was Editor-in-Chief. Mark has produced and directed a number of documentaries for a host of international broadcasters including France Televisions, History Channel, VPRO, TV5 Monde, Discovery Channel and SBS.
Mark was a defence witness in the Alex Salmond trial but was not called during the course of the trial. Previously, Mark worked for four SNP MSPs at the Scottish Parliament. He was the first elected Convenor of the SNP Staff Association and later a lay official with the National Union of Journalists representing SNP staff. He worked at the Scottish Parliament for a total of nine years.
He has also held various PR positions at local government level and with a Government agency.
Mark is a member of the Chartered Institute of Journalists.
Mark Hirst – Journalist, filmmaker, broadcaster, civil liberties advocate
