The scandal involved rumours of a secret network (“Magic Circle”) of gay judges, lawyers, and advocates who allegedly conspired to pervert justice—e.g., by dropping or softening prosecutions against homosexual criminals or those with compromising information.
This arose amid cases like the embezzlement trial of solicitor Colin Tucker and Operation Planet (an investigation into underage male prostitution/”rent boys” linked to figures like Tam Paton).
Henderson, a defence lawyer involved in some of these cases, was accused of spreading and perpetuating the rumours. He claimed to possess a “list” (sometimes called a “lavender list”) of secretly gay senior legal figures, including judges, which could be used for leverage or blackmail. One confirmed name on a related statement was Lord Dervaird (who resigned after his homosexuality became public).
Nimmo Smith Report (1993): Led by William Nimmo Smith QC (later a judge) and Procurator Fiscal James Friel.
The inquiry examined the allegations and found no evidence of a conspiracy to pervert justice or a “Magic Circle.”
It cleared the legal establishment overall but strongly criticised Robert Henderson who was one of the “main instigators and perpetuators” of the belief in a broader list/document naming judges and others.
An extract from the report:”When certain aspects of Robert Henderson’s financial affairs first came under investigation, he took certain precautions. According to him, he expected that the police would arrive with a search warrant to search his house for documents.
He accordingly prepared a photocopy of certain documents which he intended to hand to the police in such an event, and he gave the principals in a manilla envelope, to Leeona Dorrian, Advocate, for safekeeping. She said she had been a friend as well as a colleague of his for many years.
She took receipt of the envelope on 18 August 1989, a date which she wrote on it herself, and retained it in her possession continuously until, by arrangement with Robert Henderson, she exhibited the envelope and its contents to us.
We looked through the papers and are satisfied that they relate solely to his financial affairs. There is no question of the envelope’s containing a “list” or any other document relating to the alleged homosexual behaviour or any other aspect of the private life of any person.
We have no reason to suppose that anyone else holds papers on behalf of Robert Henderson. In particular we are satisfied that one Elaine Matthews, does not hold and never has held any such papers.
Our conclusion must therefore be that Robert Henderson chose to let it be believed that he was in possession of information.”
Afternote:
There is no public evidence that Robert Henderson QC and Leeona Dorrian worked out of the same office or “stable” (chambers). Dorrian had government-related roles (Standing Junior Counsel, Advocate Depute), which often involved separate arrangements.
If they had been in the same stable, contemporary reports or the inquiry would likely have noted it more explicitly, especially given the scrutiny on Henderson. Their connection appears to be a longstanding friendship rather than shared chambers.
The report also criticised some police conduct (e.g., treating rumours as fact, possible homophobia). No criminal proceedings resulted from the inquiry.
Later investigations suggested Henderson may have amplified the Magic Circle rumours as a smokescreen to protect himself and associates from scrutiny over financial crimes (e.g., alleged property fraud) and child sexual abuse.
His daughter Susie Henderson publicly accused him of abusing her as a child and facilitating her abuse by friends/colleagues in the legal world (e.g., John Watt QC, later convicted of historic child sex offences).
note:
The father of two children molested by John Watt QC told a court during the trial of Watt that he told the then Lord Advocate, Lord Hardie about the abuse while Hardie was Watt’s devilmaster. Lord Hardie did not go to the police and report the child abuse. Watt was convicted in 2022 of assaults/rape on four children. including Susie. The mother of one of the children said: “If anyone learns that a colleague has abused a child, they should go to the police, no question. Anyone who touches a child in a sexual manner is a danger to all children. If that is where their interests lie, they will do anything to be alone with children”. “It is hard to understand how someone responsible for the conduct of advocates, the lord advocate, responsible for prosecution, and a High Court judge could fail to do what needed to be done”
Henderson died in 2012 without facing charges for these allegations.
He had prior personal legal issues, including divorce proceedings and aliment (maintenance) disputes with former partners.
He was married three times.
- First Marriage: Olga Henderson (née ?) Married: 1958.
They had at least three children, including daughter Susie Henderson (born ~1966).
Divorce: Bitter and acrimonious, with proceedings and custody battles in the 1970s (notably a 1976 Court of Session hearing).
Olga cited his excessive drinking, sexual promiscuity, involvement in pornography, immorality, and unsuitable associations. A specific 1975 adultery incident (when Henderson was 38) was used as evidence.
Custody was awarded to Olga, though Henderson had regular contact. Post-divorce disputes were prolonged: he allegedly failed to pay aliment (maintenance) reliably, emptied Susie’s child’s savings account, and there were housing issues (he kept the family New Town mansion while Olga and children faced instability).
Ben Borland) Daily Express later reported: “Scottish lawyer avoids investigation despite paedo allegations.”
The Article examined allegations by Susie Henderson (Robert Henderson QC’s daughter) that her father sexually abused her over many years and facilitated her abuse by others, including Sir Nicholas Fairbairn.
Susie first reported claims to police in 2000 and again around 2014;
At the time of the article, Police Scotland was investigating historic child abuse probes.
The piece highlighted that authorities had suspicions about Henderson decades earlier, based on court documents from his bitter 1970s divorce from first wife Olga. It presents this as the first contemporary evidence supporting Susie’s claims.
Key Details from the 1976 Court Report (for custody hearing before Lord Maxwell).
Olga alleged Robert was unsuitable as a custodian because he: Regularly drank to excess.
Was extremely sexually promiscuous.
Was involved in pornography.
Was generally “immoral.”
Associated with unsuitable people (including a woman alleged to be a well-known Edinburgh prostitute who visited the house almost daily).
Had violently assaulted her in front of the children on at least one occasion.
The claims were supported by Olga’s parents and two family friends.
Henderson dismissed them as his ex-wife behaving “hysterically.”
This evidence supported Olga’s divorce on grounds of adultery. Custody went to Olga, but Henderson retained regular contact with the children.
Post-Divorce Disputes. The article detailed ongoing acrimony:
Henderson often failed to pay court-ordered aliment (maintenance).
He once emptied Susie’s National Savings account to buy a Morris Mini.
He retained the family New Town mansion;
Olga and children faced unstable housing, including eviction from a dilapidated flat he owned.
In 1979, he allegedly visited the flat unannounced, behaved threateningly, smashed furniture, and put the family in fear.
A social worker-style report noted a decline in Susie’s school performance and personality after the split.
Broader Context in the Article
Despite these red flags, Henderson took silk (became QC) in 1982, handled major cases, and later became central to the Magic Circle affair.
It also mentions Susan O’Brien QC’s minor prior connection to the case.
The Sunday Express piece was significant because it unearthed archival divorce/custody documents (National Archives of Scotland) that provided independent, contemporaneous corroboration for Susie Henderson’s much later public allegations.
These fed into wider discussions around the Magic Circle scandal and potential cover-ups.
The piece’s key contribution was unearthing contemporaneous 1970s court documents from Henderson’s bitter divorce and custody battle with his first wife, Olga.
These provided independent, decades-old evidence supporting Susie’s claims — the first such public corroboration at the time.
This supported Olga’s adultery claim. Custody of the children (including Susie) was awarded to Olga, but Henderson retained regular contact. Post-divorce disputes were acrimonious:
He allegedly failed to pay maintenance reliably, emptied Susie’s savings account, kept the family New Town mansion, and there were claims of threatening behaviour (e.g., smashing furniture in 1979).
Susie Henderson’s Response
Susie declined direct comment due to the ongoing police investigation but was reportedly “relieved and delighted” that contemporary evidence had surfaced.
Broader Context in 2015 Coverage
This Express piece appeared amid growing public interest in historic abuse claims linked to the Magic Circle affair, Operation Planet, and figures in Scotland’s legal and political establishment.
It highlighted how suspicions about Henderson existed in official records decades before Susie’s public allegations, yet no formal investigation into him occurred during his lifetime (he died in 2012).
Suspicions about Henderson were reportedly noted by authorities around the time of this divorce.
- Second Marriage: Carol Black 1982 -1989.
- Third Marriage: Carolyn (or Carol) Gell. Married: 1995.
She survived him; obituaries refer to her as his third wife and note their life together, including time in France.
Henderson died suddenly in France in December 2012.
Henderson also had a relationship in the early 1990s resulting in a child, with a 1994 court order requiring him to pay aliment/maintenance (~£29,000 at the time).
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