Glasgow & West Scotland

Money launderer James Kinloch loses appeal bid

A man who claimed police violated his human rights has lost an appeal against a money laundering conviction.

James Kinloch, 70, from Toryglen, South Lanarkshire, was jailed for 30 months in 2010 over his role in a scheme to launder about £150,000 crime cash.

He claimed police surveillance prior to his arrest was a violation of his right to respect for his private life.

The UK Supreme Court ruled that Kinloch was not entitled to keep the criminal nature of his activity private.

Kinloch was jailed at Glasgow Sheriff Court following a trial in 2010.

His son, Douglas, and another man, Colin Horsfall, were also jailed for a year for their involvement.

Privacy expectation

All three were arrested over a scheme to launder crime crash through currency exchanges.

Kinloch senior was granted leave to appeal to the UK Supreme Court by the High Court of Justiciary.

In a written ruling, Lord Reed, said:" This court considers that that the answer to it (Kinloch's appeal) is to be found by considering whether Mr Kinloch had a reasonable expectation of privacy while he was in public view as he moved between his car and the block of flats where he lived and engaged in his other activities that day in places that were open to the public.

"There is nothing to suggest that he could reasonably have had any such expectation of privacy.

"He engaged in these activities in places where he was open to public view by neighbours, by persons in the street or by anyone else who happened to be watching what was going on.

"He took the risk of being seen and of his movements being noted down. The criminal nature of what he was doing, if that was what it was found to be, was not an aspect of his private life that he was entitled to keep private."

Lord Reed concluded: "Since there was no breach of Mr Kinloch's rights by the police when they carried out their observations, it follows that there cannot have been any breach of his right to a fair trial when the prosecution led evidence of the results of those observations."

Related Internet links

The BBC is not responsible for the content of external Internet sites