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►   Trial collapses after "victim" hugs supposed trafficker

 

Scotland's top law officer has been asked to undertake an inquiry into the "ill-founded" case of an island fishing skipper being charged with alleged human trafficking of three Ghanaian fishermen.

 

The prosecution against Alex Murdo Murray hit the rocks after a main witness - a supposed exploited "victim" - hugged the accused in Stornoway Sheriff Court earlier this month.

 

Three weeks were set aside for the trial but the case was abandoned on 15 October after just one main day of evidence.

 

Lord Advocate Frank Mulholland is requested to order a full independent inquiry into the actions of the crown and the police into pursuing the case.

 

On behalf of his client, Mr Murray’s lawyer, Angus Macdonald, has written to Mr Mulholland highlighting it would have been obvious the charges were entirely without foundation if only the fishermen the crown alleged were being trafficked were properly interviewed beforehand.

 

The letter said: "We all understand the need for human trafficking allegations to be investigated but if these investigations are to be carried out they should be done thoroughly and where it is found, as is the situation in this particular instance, that there is no evidence to support the charges, then a decision should be take to bring proceedings to an immediate conclusion."

 

The solicitor pointed out that in his 30 years legal experience  he had "never came across a case which so lacked the evidence to convict."

 

He added: "My instructions are to request you investigate the whole matter and, if necessary, instruct an independent experienced criminal Queen's Counsel to prepare a report of how this prosecution was allowed to proceed."

 

Mr Macdonald has also written to Justice Secretary Michael Matheson stating there was a "distinct and obvious" lack of evidence to pursue the "ill-founded" prosecution.

 

A Crown Office spokesperson said: "The Lord Advocate has received the letter from Angus Macdonald and will respond in due course."

 

He added: "Independent crown counsel considered the full facts and circumstances of the case, and decided that there was sufficient evidence in law to indict the accused for human trafficking."

 

“It is the duty of the crown to keep cases under review.

 

"Once the trial was underway, further consideration was given to the terms of the witness testimony and the availability of witnesses to attend the trial, and it was decided it was no longer in the public interest to continue proceedings.

 

“The crown takes allegations of human trafficking very seriously, and will prosecute wherever there is sufficient evidence and it is in the public interest to do so.”

 

Lord Advocate urged to investigate "ill-founded" human trafficking prosecution

 

27 October 2015