A variety of appeals from the Crown contrary conclusions at Dundee Sheriff Court to throw cases as a consequence of police and prosecutor failures are abandoned.
Both men refused their various rates of assault and shoplifting, which were subsequently dismissed by the judge after it was revealed that the Crown lacked critical CCTV evidence.
Sheriff Brown abandoned the instances simpliciter as opposed to pro loco et tempore, meaning that the only alternative for prosecutors would be to appeal the decision.
The judge dismissed a case against Nadia Shields, accused of committing a benefits agency, following delays of two years in the Department for Work and Pensions.
Another trial involving the abuse of a child dropped after a very important witness hadn’t been cited — although the Crown didn’t appeal that circumstance.
Mr Laverty, of Dundee law company Muir Myles Laverty, stated:”We’ve been coordinating very attentively for the hearing Wednesday, contemplating their invoice of advocation and Sheriff Brown’s quite full and thorough study on the instances.
“Therefore it required us a wee little by surprise once the notice came in the Crown were no more trying to challenge the conclusions.”
A Crown spokesperson affirmed the abandonment of these instances but added the allure from Nadia Shields is still moving forward.
The spokesperson stated:”It is the responsibility of the Crown to always maintain instances under review, such as during all phases of appeal proceedings.
“After careful and full consideration of each the available info, Crown counsel instructed the appeals in regard to these cases from Jack Cook and Francis Kelbie shouldn’t proceed and these attractions have been withdrawn.
“The appeal in the case against Nadia Shields is moving and it might therefore be improper to comment further.”
