Case Study: Protecting a Public Figure Facing a Historic Allegation

Recognising the sensitivity of the situation, the client’s professional advisers immediately contacted Craig MacKenzie, Partner and Head of Forbes Solicitors’ High-Profile and Private Crime Division, to take control of the matter at the earliest possible stage.

The client had received a request to attend a voluntary interview under caution in relation to an allegation said to date back many years. Very little information had initially been provided. The allegation was vague in key respects, but serious in nature. The client was understandably shocked and concerned not only about the legal process, but also about the risk of publicity, internal leaks and loss of control.

Our approach

From the outset, our strategy was to take control of the case before the client ever set foot in a police station.

Craig MacKenzie immediately went on record with the investigating officer, ensured that all communication was directed through the legal team, sought advance disclosure, and pressed the need for the matter to be handled with appropriate discretion given the client’s public profile.

We also managed arrangements for attendance in a way that reduced visibility and avoided unnecessary exposure.

This early intervention is critical in cases involving public figures. A voluntary interview can be mishandled very easily. Clients are often tempted to “go in and clear it up”, but historic allegations require a very different approach. The passage of time, the absence of clear dates, the risk of reconstructed memory and the possibility of the police holding back material all mean that careful preparation is essential.

Protecting reputation and privacy

In this case, reputation management was central from day one.

We took steps to:

• keep the circle of knowledge as narrow as possible;

• communicate with the police in a way that emphasised the client’s public profile and the need for discretion;

• obtain confirmation that there was no intention to release information into the public domain at that stage;

• advise on how to deal with any risk of press contact or unauthorised disclosure;

• arrange meetings privately and manage attendance at interview carefully.

For public figures and senior professionals, these cases are not only about the legal merits. They are also about containing risk, avoiding unnecessary visibility, and ensuring that the process does not become more damaging than the evidence itself.

Historic allegations require a different strategy

Historic allegations present very particular difficulties.

Memories fade. Dates are often unclear. Locations are poorly identified. Witness recollection is frequently partial or inconsistent. At the same time, police interviews are often designed to test detail and expose inconsistency.

In this case, part of our work involved helping the client distinguish between:

• what he could genuinely remember;

• what he could not safely say after many years; and

• what he was clear had not happened.

That distinction matters. One of the most common pitfalls in a historic allegation is a client trying to be helpful, filling in gaps, or adopting details which seem plausible but are not truly remembered. That can do more damage than the allegation itself.

Our role was to ensure that the client did not fall into that trap.

Interview strategy

Rather than allowing the interview to become an open-ended reconstruction exercise, Craig MacKenzie prepared the client carefully and adopted a tightly controlled strategy.

That involved:

• detailed pre-interview conferences;

• testing the allegation against the known evidence;

• identifying weaknesses and gaps in the case;

• refining the client’s position into a short, disciplined prepared statement;

• ensuring that no unnecessary concessions were made;

• preventing the police from using the interview to improve an otherwise weak or incomplete case.

In cases of this kind, the interview is often the point at which a manageable matter becomes significantly worse. Our objective was to avoid that.

The outcome

The matter was dealt with swiftly and, importantly, in a controlled way.

Within a week of the police interview, a decision was made not to prosecute. As a result, the client was able to move forward without charge, and his reputation, professional standing and privacy remained intact.

That outcome did not happen by accident. It was the product of early intervention, careful preparation, controlled engagement with the police, and a clear strategy designed to avoid the usual pitfalls that arise in historic allegations.

How we help

Craig MacKenzie and Forbes Solicitors’ High-Profile and Private Crime Division regularly advise public figures, professionals and other reputation-sensitive clients facing criminal allegations, police investigations and voluntary interviews.

Where appropriate, our work includes:

• urgent pre-interview advice;

• discreet consultations outside normal office arrangements;

• management of police contact;

• strategic handling of historic allegations;

• reputation-conscious case preparation;

• practical advice on confidentiality, family disclosure and media risk.

When the client’s name, position and future are all in play, the right strategy at the earliest stage can make all the difference.