Spouses could have to testify against each other
26 Jun 06
Ministers to look at ending legal privilege
Scottish ministers are to look at reforming the law so that husbands and wives could be forced to testify against each other.
A recent murder trial at the High Court in Paisley collapsed because the accused had married the main prosecution witness. William Ferrie was charged with murdering Bernard Kelly, but by the time the case reached court, he had married the victim's former girlfriend Senga Thomson. She refused to give evidence against him and the Crown had to drop the case.
Shortly afterwards the Justice Minister, Cathy Jamieson, indicated hat the Scottish Executive was sympathetic to amending the law. A consultation on reform is expected to be announced tomorrow.
The historic legal principle also gives rise to concern in cases where a parent assaults a child and the spouse is the only witness.
A spokesperson for the Executive said ministers wanted to seek views on whether to abolish or modify the law, which now applies to civil partnerships as well as married couples.