The Reynolds Defence
The Digger magazine is using the Reynolds Defence of qualified privilege. The money used to hire our legal team comes from the cover price of the magazine - and NOT the tax payer.
Not one national newspaper in Scotland , including the Daily Record or The Sun, has dared to test the Reynolds Defence in Scotland . The defence has never been tested in the Court of Session but if successful wilj set a precedent for all investigative journalism in the country.
But Tamburrini and his legal team have refused to reveal where their money is coming from -and the housing regulator is also keeping it a closely guarded secret from the public.
Bill Aitken, the Glasgow Conservative MSP recently asked Stewart Maxwell, the housing minister if the director was acting as an official of the association or in a private capacity.
And that if the chief executive was acting in a private capacity tax payers' money should not be funding the action. Maxwell refused to comment.
Mr Aitken told The Digger: "It would be interesting to see what happened, however, in the event of a defamation action failing after considerable court expenses and an order for expenses being made against Tamburrini. This could amount to many thousands of pounds and I find it difficult to envisage circumstances in which despite the independence of the housing association the Scottish Housing Regulator did not get involved. "
Bob Doris, the Nationalist MSP also voiced his concern. He asked Janet Dickie the support manager for the housing regulator who was paying for the action.
She refused to comment on where the money was coming from and replied that it was up to the housing association to take legal advice on how to act.
The Digger spoke to Paul McBride, one of Scotland 's top QC'son the question of law firms using public cash without proper authority or public accountability. He said if there was any suggestion of impropriety he would "...call in the police".
We are not saying that this is fraud but are asking who is paying Tamburrini to pursue The Digger?
Your cash
If Tamburrini has used public money we're not saying he has-from the association's bank account it would have to have been passed democratically by the management committee who would have to have carried out a ballot, according to their constitution.
But because they are not subject to the law of the Freedom Of Information Act their activities are being kept secret from the public. Tamburrini's management committee includes Helen Hurcombe who held her councilors surgery in gangster Edward Lyons' Chyrnside Community Centre before it was shut down after the murder of his nephew Michael Lyons in Lambhill. |
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Another management committee member is Ronnie Rodden whose brother Des Stewart is the face of the underworld figures who run Ruchill Security a firm which has also been hired by NGHA in the past.
Over 40 cops swooped down on Ruchill Security this month in a blitz on illegal immigrants.
NGHA has been accused in the past of funding - as part of their building programme- M&M, a security firm tied in with the McGovern crime family. Tamburrini has said he hasn't hired them since 2002.
Steven McGovern was murdered half a mile away from NGHA's HQ in north Glasgow in October last year. The killers have not been caught.
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Should Tamburrini and his management committee be allowed to control millions of pounds of tax payers' money under this cloak of secrecy?
Council leader Steven Purcell, the Labour leader of the council, also paid Levy and McRae to threaten this magazine with legal action after we accused him of not doing enough to shut down Chyrnside Community Initiative before Michael Lyons was murdered in 2006.
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