INDIVIDUALS who have been severely criticised in the Nat Fraser case could have action taken against them, it was revealed yesterday.
A detective and a procurator-fiscal have featured heavily, and an assurance was given to the appeal court that the Crown will examine their conduct.
John Beckett, QC, for the Crown, said he conceded the policeman had acted "entirely inappropriate
ly" to a witness, and he found it hard to square the fiscal's involvement with a missing piece of evidence.
Fraser, 48, of New Elgin, Moray, is challenging his conviction and life sentence for instigating the murder of his estranged wife, Arlene, 33. She disappeared in 1998, and her body has never been found. A crucial part of the prosecution's case related to Mrs Fraser's engagement, wedding and eternity rings. It was alleged the rings had vanished with her and then appeared in her home several days later, when Fraser had visited his children. It showed he had had access to the body, the Crown contended.
However, following the trial, it emerged that a constable, Neil Lynch, had given a pre-trial statement saying he had seen rings in the house the night Mrs Fraser was reported missing.
The appeal court has heard that the statement was left on the desk of David Dickson, the then procurator-fiscal at Elgin, who said he had never seen it.
No follow-up action was taken on the information about the rings, nor was it disclosed to the defence at the trial. During an inquiry, Mr Lynch had faced a "robust interrogation" by Detective Constable Andrew Wright and a colleague, but insisted he was correct that he had seen rings in the house that night. He ordered the officers out of his home.
"They returned for no purpose other than to seek to break him down... he accepted he may have been mistaken after all," Peter Gray, QC, for Fraser, alleged to the appeal judges.
The court has heard that Mr Dickson had been unable to reconcile his position of having never seen the document with the fact it was found, second from the top, in his papers.
Yesterday, Mr Beckett said: "I acknowledge DC Wright did not behave well."
He said the Crown had carefully considered the conduct of individuals, including Mr Dickson, but it had been impossible to reach a clear view.
"The Crown has taken the view that the interests of justice require a resolution of the appeal takes precedence... the circumstances will be reconsidered after the appeal hearing."
The full article contains 425 words and appears in The Scotsman newspaper.
