Irvine Smith

Died: January 11, 2016

SHERIFF Irvine Smith, who has died aged 89, was a much respected member of the legal profession in Scotland with a formidable insight into criminal law. He famously sat at the 1974 trial which found Rangers FC liable for the deaths of 66 people in the Ibrox disaster in 1971.

The dramatic case in Glasgow Sheriff Court was brought by the widow of one of the men who died in the crush on exit stairway 13 at the stadium. It was a test case and the decision would be conclusive for all those involved in the disaster.

Sheriff Smith was meticulous in his conduct of the case and in his final statement he stated: “So far as the evidence is concerned, the Board (of Rangers FC) never so much as considered that it ought to apply its mind to the question of safety on that particular stairway. Indeed it goes further than this because certain of their actions can only be interpreted as a deliberate and apparently successful attempt to deceive others that they were doing something, when in fact they were doing nothing.”

Sheriff Smith concluded that the tragedy “was due to the fault and negligence of the defenders, Rangers FC”.

James Irvine Smith was born into a working class family in Falkirk and attended Falkirk High School where he appeared in many of the school plays. He left in 1944 to read, firstly history, at Glasgow University and then law passing with distinction in 1951. He became a member of the Faculty of Advocates in 1953.

He was one of the most eloquent and knowledgeable criminal lawyers at the Scottish Bar and a redoubtable character in court. He had a splendid speaking voice which was musical, quizzical and, when necessary, forceful.

Sheriff Smith was a commanding figure in court who was always well versed in the case and the intricacies of the law. He acted for the defence in a famous Glasgow bank raid case, dubbed ‘the crime of the century’ in 1955. An employee in the British Linen Bank was brutally assaulted and £44,000 stolen. Sheriff Smith also defended five capital murder trials - three as a junior and two with seniors.

He sat on the bench in Glasgow from 1963 – 83 and became Sheriff of North Strathclyde, encompassing Greenock, Dunoon and Rothesay in 1983. Young depute fiscals attended his sessions to study and learn: Sheriff Smith was never considered lenient but was always practical and realistic. For nervous witnesses he showed an understanding and sincere humanity.

Many of his quips and asides found their way into Tom Shields’ Diary in The Herald – notably an exchange in court when the accused pleaded, “As God is my judge, yer onner, I am innocent.” In a flash Sheriff Smith retorted, “He isn’t, I am, and you’re not.”

He retired in 1983 but continued to sit until 1992. The Greenock faculty held a splendid dinner for him on his 80th birthday. Sheriff Smith was an accomplished after dinner speaker and much in demand – especially at Burns Night and St Andrew’s Dinners.

In December 1993 some judges made headlines and generated considerable letters to The Herald about the use of ‘aye’ rather than ‘yes’. Sheriff Smith advised one man in the dock that the word ‘ay’ in Scots means ‘always’ rather than ‘yes’. The letters poured in again.

Sheriff Smith was an authority on the history of Scots law and published widely on the subject. He was a vice president and first honorary member of the Stair Society and wrote articles for them on criminal law. He published his autobiography Law, Life and Laughter in 2011. One critic wrote, “This is a book you just can’t put down”.

Hector McQueen, Professor of Private Law at Edinburgh University told The Herald yesterday, “Irvine Smith was that truly rara avis, a scholar and a gentleman - in the best senses of both these words. He cared about truth and justice, and knew that people and the world were far from perfect. But he retained his own sense of humour and respect for others to the end. I will miss that - and his inimitably sonorous voice on the phone - very much indeed."

Following his retirement in 1991, he relocated to the Isle of Bute with his wife, Diana. She and their three children survive him.

Alasdair Steven