 | 'This was, upon any view, a very serious offence which, but for the prompt and efficient action of the hotel staff, could have had disastrous consequences for the building and, more importantly, for the lives of guests and staff.' Lady Cosgrave, 24 th March 2006. |  |
THE disgraced Labour peer, Lord (Mike) Watson, was returned to prison yesterday to complete his 16-month sentence for fireraising, after appeal judges refused to cut the term.
Watson's counsel had argued that the sentence was excessive for his crime of starting a blaze at the Prestonfield House Hotel in Edinburgh.
However, Lady Cosgrove told the former MSP that the commission of a serious criminal offence by a person in his privileged position "must be met with rigour".
Watson, 56, declined to comment after the ruling at the Court of Criminal Appeal in Edinburgh. He was taken back to Saughton Prison and will have to spend another two months behind bars before being released on licence, having served half of his sentence.
Later, he issued a statement, saying he was obviously disappointed that the appeal had failed.
"Now, I will complete my sentence, focusing on 23 May as the date on which my wife, Clare, and I can resume our lives together. We will then begin to move away from this difficult period," he added.
Last September, Watson pleaded guilty to a charge of wilful fireraising causing danger to life at the hotel in November 2004, when he had attended the Scottish Politician of the Year Awards ceremony. He had been drinking heavily and became rude to staff and demanded more alcohol at the end of the evening.
The former minister for tourism, culture and sport was caught on CCTV using matches to set a curtain smouldering in the reception area.
At the original hearing, Sheriff Kathrine Mackie decided that only a custodial sentence was appropriate, and she selected a period of 20 months, reduced to 16 months to recognise that Watson had pleaded guilty and avoided the time and expense of a trial.
In the wake of the case, Watson resigned as MSP for Glasgow Cathcart and as a director of Dundee United FC. As Lord Watson of Invergowrie, he remains a member of the House of Lords.
Yesterday, the defence counsel, Chris Shead, submitted that the "starting point" of 20 months could be said to be excessive, although Watson recognised that the court was bound to take a serious view of the offence.
Mr Shead said the sheriff had given weight to an assessment by a social worker that Watson posed a significant risk of reoffending against public safety.
However, the defence had obtained a report from a psychologist who questioned the assessment. Also, Watson's drink problem had been a major factor in the offence, and he had recognised it and agreed to seek help.
Lady Cosgrove, sitting with Gordon Nicholson, QC, said: "This was, upon any view, a very serious offence which, but for the prompt and efficient action of the hotel staff, could have had disastrous consequences for the building and, more importantly, for the lives of guests and staff."
The judges accepted that doubt had been cast on the validity of the risk assessment, but they said that risk was not the only factor to be taken into account.
"The commission of a serious criminal offence by a person in his privileged position must be met with rigour, if public confidence in the law and in these institutions is to be maintained," added Lady Cosgrove. "This appeal is accordingly refused."
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