For I have sinned...

Allegations of involvement in covering up child abuse have dogged Pope Benedict VXI, and now senior figures in Scotland say there is a criminal case to answer under Scots law. Steven Raeburn investigates whether the Pope could face prosecution when he visits Scotland in September.

Your eyebrows may have been briefly raised during April by a series of press reports claiming that noted anti-theist and proponent of evolutionary theory Richard Dawkins was calling for the arrest of his Holiness Pope Benedict XVI during his visit to Britain in September. The reports treated rather hilariously the genuine and serious contention that the incumbent Pontiff may actually have a case to answer arising from his claimed historic knowledge of ritualised paedophilia undertaken by priests under his authority.

After a few follow up comments the story has moved off the agenda and Dawkins -together with colleague Christopher Hitchens - has been largely silent on the subject since then. Both had in fact engaged solicitor Mark Stephens and human rights counsel Geoffrey Robertson QC to shore up their argument, and on the face of it there appears to be a compelling logic to the proposal, which considers factors including jurisdiction, civil and criminal liability, and the question of the Pope's immunity as head of state, a defence which they dismiss on the basis that the Vatican is not recognised as a state under international law.

However, with typical anglocentricity, the coverage totally omitted any reference to Pope Benedict's trip across the Hadrianic divide into our jurisdiction, which not only has a completely different criminal justice system and process, it also has its own priorities which have -post Operation Algebra and the Strachan & Rennie case- set new benchmarks and standards of evidence for securing convictions not only for sex offenders, but for those who assist in conspiring to cover them up. Dawkins, even if he was minded to, couldn't get near the Pope during the English leg of his trip, but the prospect of Strathclyde or Lothian and Borders Police slapping the handcuffs on the Pontiff just as soon as he has kissed the tarmac may yet be such a sufficiently real prospect that the visit may be cancelled. The Crown Office have not ruled out the possibility of a prosecution, and a recent papal excursion to Malta was marred by fresh allegations of his involvement in covering up for paedophile priests. The defining event of his tenure as Pontiff could see Benedict XVI escorted from the tarmac to a Reliance van and into the dock in Glasgow's High Court, and off to Barlinnie thereafter, which would make for quite a photograph.

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