The Scotsman reports that
"MSP seen on CCTV in sex act with aide
A MEMBER of the Scottish Parliament has been caught on CCTV committing a sex act within the parliament’s grounds.
The MSP, who has not yet been identified, appeared on CCTV screens with a male aide performing a sex act on him.
Was this a direct observation by a human operator, or just a recorded image ?
Are those allegedly involved clearly identifiable, as well as their behavior and actions, or is this open to misinterpretation ?
Are these "CCTV screens" internal Scottish Parliament ones, or are they from neighbouring CCTV systems zooming in on the "parliament's grounds" ?
It is now possible that charges may be brought against the pair - who committed the act after-hours in the grounds of the Holyrood building - for lewd and libidinous behaviour.
It is extremely doubtful that this incident will end up in court.
Consensual sex, even gay sex, even outdoors, is not actually a crime.
Are the grounds of the Scottish Parliament building actually a "public place", especially "after-hours" ? Presumably a Member of the Scottish Parliament and "an aide" are authorised to be on the premises or the grounds, "after hours" when the general public is not.
If the participants in this alleged incident thought they were out of public sight, then does the interpretation of the offence of Voyeurism under the Sexual Offences Act 2003 apply ?
"a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy"
Are the CCTV camera operators actually at risk of being accused of Voyeurism ? Whether or not your motive for viewing someone "engaged in a private act" is or is not for the purposes of "sexual gratification" is a matter of opinion.
Does the CCTV footage comply with the strict rules needed for an unbroken chain of evidence which prevents any tampering or video editing ?
If the CCTV surveillance system is supposed to help to protect the Scottish Parliament from terrorist attack, then giving out details of the siting of its cameras, night vision and motion detection capability etc. may well not be in the public interest on the grounds of National Security.
It is believed that the man involved has been an MSP for some years.
He is not thought to be openly gay.
It is alleged by a parliament insider that he is currently involved in a heterosexual relationship.
Alleged rumours about politicians - one might almost think that there could be a political motive involved.
The MSP has so far refused to deny the rumours, and his party have refused to comment on the matter."
Who controls the CCTV surveillance systems at the Scottish Parliament ? Surely this matter is one for the Speaker of the Scottish Parliament or the Scottish Parliamentary Corporate Body committee of MSPs, rather than the courts or the tabloid newspapers ?