Aberdeen solicitor acquitted of stealing jacket

Fatal defect in Crown evidence results in no case to answer

News, 12 March 2008

---

An Aberdeen solicitor has been acquitted of stealing a jacket, after the sheriff upheld a no case to answer submission.

Stuart Murray, who works for George Mathers & Co, had been accused of stealing a £280 waxed jacket from a department store in the city last year. The store's detective and security guard gave evidence that he had walked out of the shop carrying the jacket over his arm, under his own jacket, and then to return and put it back on the rail.

Mr Murray had told the detective he had been looking for his wife as she was to pay for the jacket, but she had been held up.

The Crown had not brought the jacket to court as evidence but presented a receipt given to the police instead. The receipt had been signed by a store CCTV operator and a police officer, but not the store detective and security guard who had detained Mr Murray.

Mr Murray's defence advocate James Reilly described this omission as a fatal defect in the Crown's evidence and invited the sheriff to acquit his client.

Procurator fiscal depute Cecilia Dyckhoff said the store detective Elizabeth Bruce had seen the receipt and both she and the security guard had described the jacket, so it did not matter who signed the receipt.

However Sheriff Edward Savage upheld the defence submission and acquitted Mr Murray. The Crown is understood to be considering whether to appeal.

Current News 08.09.08 At least 40 solicitor redundancies since May Hundreds of support staff also go as downturn bites 08.09.08 ID by txt cd b cmng Scientists working on identifying senders by analysis of messaging patterns 05.09.08 PM changes tack on tax-raising powers Allowing Scottish Parliament more accountability would strengthen the UK, says Brown 05.09.08 Summary justice reform success, claims Angiolini Lord Advocate's letter says figures to date indicate new system working 04.09.08 Advocates in Aberdeen launch new website Internet presence aimed at increasing awareness of Society of Advocates in the north east 04.09.08 Legal profession, local income tax top bill list Scottish Government unveils legislative programme for 2008-09 04.09.08 Step up to associate for Fife lawyer Sue Arrowsmith promoted at Murray Donald Drummond Cook LLP 04.09.08 Prosecution inspectorate publishes annual report Review pending of new fiscal fine system 03.09.08 Society welcomes Legal Profession Bill Hopes that bill will provide for alternative business structures for law firms 03.09.08 'No proof that plaques harmful': insurance lawyers Industry's legal team argue against proposed law extending compensation 03.09.08 Commissioner orders release of tender information Council not justified in claim that Street Outreach documents must be kept secret 02.09.08 Stamp duty break for lower value properties 12-month threshold of £175,000 among government moves to buck up housing market 01.09.08 Government publishes sentencing proposals Judges and sheriffs would need to reveal reasons for departing from guidelines 01.09.08 Revenue reminds of new tax return date 31 October now deadline for paper returns 01.09.08 Blackadders' review results in 44 job losses Two branches also close as firm consolidates to combat property market troubles