During the Canon 54 process enacted following complaints made against the Rt Rev Anne Dyer, Bishop of Aberdeen and Orkney, the independent Procurator to the Scottish Episcopal Church has kept under continuous review his decision of May this year to take charges to the Clergy Disciplinary Tribunal.
Having maintained that review throughout discussions with involved parties over the past five months, the Procurator, Paul Reid KC, has now decided that it would no longer be in the public interest to pursue the charges, and the Clergy Discipline Tribunal has granted his application to dismiss the proceedings.
In his Note of Reasons explaining his decision not to lead evidence, Mr Reid says: “As with the initial decision to refer allegations to the Tribunal for trial, I have approached each allegation in two stages: (a) is there sufficient evidence to provide a realistic prospect of conviction in respect of the allegation; and (b) whether a prosecution, or the continuation of a prosecution, in respect of each charge is in the ‘public interest’.”
He continues: “I have approached ‘public interest’ in these circumstances by considering the wider Church community and general confidence in the Church.”
The Procurator remains of the view “that there is sufficient evidence to provide a realistic prospect of conviction in respect of each allegation” but highlights: “Given the already difficult situation in the Diocese [of Aberdeen and Orkney], a public trial very materially risks, whatever its outcome, making an already difficult situation worse. That, taken with the concerns expressed by a number of complainers/witnesses about the prospect of giving evidence, causes very real concern about continuing with this prosecution.”
In conclusion, he says: “It is ultimately a matter for me to weigh those differing factors and to reach a view on whether it remains in the ‘public interest’ to continue with this prosecution. I am not satisfied that it is, having particular regard to the continuing effect upon the complainers, the length of time before the accusations would go to trial and the likely outcome of the proceedings (both for the Bishop and also the Diocese more generally).”
Mr Reid’s full Note of Reasons is available here: https://www.scotland.anglican.org/wp-content/uploads/Note-of-Reasons-8-October-2024.pdf
All parties involved are being informed today of the Procurator’s decision.
The Canon 54 process has now come to an end, which also brings to an end the suspension of Bishop Dyer, who will resume duties in the Diocese in due course. At that point, Bishop Ian Paton will stand down as Acting Bishop of the Diocese.
Bishop Mark Strange, Primus of the Scottish Episcopal Church, said: “This has been a long and difficult process for everyone involved, and I recognise that the outcome will be welcomed by some but will disappoint others. The College of Bishops calls on all in the Diocese of Aberdeen & Orkney, and the wider Church, to work together to achieve reconciliation and healing as we look to the future.”
Ms Bridget Campbell, Convener of the Provincial Standing Committee, said: “To reach today’s position, the Church’s official complaints process has been followed as determined by the Code of Canons, and it has come to a conclusion. I would like to thank the independent Procurator, Paul Reid KC, and all those who been part of what has been a thorough and exhaustive process to investigate the original complaints. I echo the call by the College of Bishops for all parties to seek healing and reconciliation.”
Bishop Dyer was suspended in August 2022, after formal complaints alleging misconduct were lodged under the Church’s clergy disciplinary canon. The complaints were then considered by the Preliminary Proceedings Committee, which referred a number of the complaints to the Procurator to determine whether they should be pursued at a Clergy Discipline Tribunal.
