THE Office of the Scottish Charity Regulator (OSCR) has issued a damning report on the administration of the Dr Robert Malcolm Trust, from which architect Ian Brash embezzled more than £350,000.
Brash will be sentenced next month for the embezzlement which was uncovered by OSCR investigators. OSCR has already disqualified him from being a trustees of the trust or any other charity.
OSCR stated that it opened an inquiry into the charity in 2012 “following receipt of information alleging a failure in governance processes leading to the charity’s assets being put at considerable risk”.
The report continued: “Our inquiries into this complex case indicated there had been criminal conduct, so in line with our published policies we made a report to the Crown Office Procurator Fiscal Service [COPFS].
“Since then we have worked with the COPFS and Police Scotland to support the prosecution of Ian Brash, one of the charity trustees, who plead guilty on May 14 2018 to embezzling sums totalling £358,832 from the charity’s wholly owned trading subsidiary Robert Malcolm Investments Limited. Final sentence is awaited.
“Section 69 of the 2005 Act provides that an individual is disqualified from being a charity trustee if they have been convicted of an offence of dishonesty. Ian Brash is therefore disqualified from being a charity trustee.
“OSCR considers that there was also misconduct in the administration of the charity by the remaining two charity trustees who have failed in their duties as charity trustees.
“As a result of inquiries to date, it appears to OSCR that there has been misconduct in the administration of the charity and it is necessary to act for the purpose of protecting its property.”
OSCR petitioned the Court of Session for the appointment of a judicial factor to the charity and to remove the remaining two trustees from the management or control of the charity. Emma Porter of Aver Chartered Accountants has been appointed as interim judicial factor of the trust.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here