Now lawyer is probed over case of Kirk minister who ‘robbed’ three brothers of £1million

A lawyer is under investigation for his involvement in the shocking case of three older brothers who were defrauded of more than £1.2 million.

Alasdair Fraser, a barrister in Inverness, was referred to the Scottish Legal Complaints Commission (SLCC) over what a sheriff called ‘irregular’ activities that saw the brothers lose their home, their land and their savings.

Last week the Scottish Mail on Sunday revealed that a social care watchdog had condemned police and social workers for failing to protect Hugh, Roddy and David McCulloch from financial harm.

The OAPs befriended the Reverend Ivan Warwick and his friend Douglas Stewart, who systematically looted everything the brothers owned, including the farm they had lived in together and £800,000 in cash.

A damning report from the Highland Adult Protection Committee watchdog led to an apology from Police Scotland and a promise to re-examine the evidence to decide whether to pursue charges.

Lawyer Alasdair Fraser is investigated in the case of three older brothers who were defrauded of more than £1.2 million

The Rev. Ivan Warwick with Prince Charles on his way to Canisbay Church on Wick in 2012

However, the report also shows that an official complaint has currently been filed against a lawyer involved in the case.

Warwick and Stewart were able to profit from the scam because they were given a power of attorney (POA) over the brothers, which meant they had control over the victims’ finances.

The report states: ‘At the time of writing, there is an open complaint with the Scottish Legal Complaints Commission in relation to Alasdair Fraser, a lawyer who represented both the POAs and the brothers.’

Last night Mr Fraser denied any wrongdoing.

At the heart of the case are the three brothers who lived at Logie Farm, near Muir of Ord in Ross-shire. In 2013, when they were in their late 70s and 80s, they became friends with Warwick – the minister of nearby Fodderty and Strathpeffer Parish Church who had previously preached to Prince Charles – and Stewart.

By obtaining a power of attorney, they were able to convince the brothers to sign over their farm and land for free.

After selling the farm, the couple emptied the brothers’ bank accounts of the money they had saved from their sheep and cattle farming lives.

Shockingly, the couple also separated the brothers against their will and forced them to live separately.

Although one of the brothers went to the police to complain that they were being scammed, the officers believed that no crime had been committed.

In 2018, middle brother Roddy instructed lawyers to revoke Stewart and Warwick’s power of attorney, prompting the Highland Council to appoint an independent financial guardian for the brothers. The guardian then initiated a civil case on their behalf after discovering the fraud.

Brothers David, Hugh and Roddy McCulloch, who were robbed of their home, their land and their savings

In the case at Inverness Sheriff Court, Warwick and Stewart were ordered to pay back £390,000 they made from the sale of the farm.

In her 2022 written judgment, Sheriff Sara Matheson concluded that Warwick and Stewart “took advantage of the brothers,” all now dead, and gained control of their farm “through fraud or circumvention.”

She accused Warwick of using his position as minister to add a “veneer of respectability” to the scam. But she also criticized Mr Fraser, pointing out that he had drafted the document in which the McCullochs handed over their farm to Warwick and Stewart – even though the brothers, in her words, “did not understand the nature of the document they were signing”.

The sheriff said it was “irregular” that Mr Fraser – who also acted for Warwick and Stewart when they sold the farm – took instructions from the pair, concluding that Mr Fraser’s “independence and the quality of his advice were seriously be called into question’. .

Yesterday Mr Fraser said: ‘My position is that my actions were beyond expectations.’

The SLCC said it could not comment on pending complaints.