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Row after £4 drug case takes three years to end

Mark Dowie

Press and Journal

Tuesday 29 Jul 2008

Row after £4 drug case takes three years to end.

Politicians demand to know why costly prosecution was delayed so long

Politicians have hit out at the justice system after it took three years to bring a successful prosecution over cannabis worth just £4.

The case concluded at Perth Sheriff Court yesterday, when Andrew Latto, of Taylor Street, Methil, Fife, was sentenced to 12 months’ probation.

He had been caught leaving Perth Prison after taking the class C drug in with him, with the intention of passing it to a friend he was visiting in October 2005.

He later told police he had thought better of it, but admitted possession with intent to supply.

Over the three years, the case has spent just 17 days in court and has involved two police forces, the Scottish Prison Service, the procurator fiscal, solicitors, court staff, doctors and teams of social workers, all publicly funded, with costs running into thousands of pounds.

The case was initially continued without plea in January 2006 but proceeded to trial after a second hearing in February of that year.

Since then it has been called on a further 13 occasions due to non-appearances by Latto and the court’s requirement for updated medical, psychiatric, social work, community service and social background reports.

Liberal Democrat MSP Mike Rumbles said the situation was outrageous and beyond belief.

“My opinion is the system stinks, quite frankly,” he said. “This just shouldn’t have happened. I could understand one or two deferrals but justice has to be swift and seen to be effective and it appears not to have been effective if it has taken so long.

“Everyone loses, particularly the taxpayer, but also the justice system itself and this has brought everyone into disrepute.

“Continued deferrals over three years makes the whole thing a laughing stock.”

Scottish Conservative deputy leader Murdo Fraser said that while it was right the prosecution was pursued, a proportionate response should be expected.

“We should not see considerable expense to the taxpayer run up where we are dealing with, in this case, a relatively small amount of illegal substances,” he said.

“The problem of drugs in prison is an acute one and I’d go a long way to say there should be prosecutions, but it’s a question of balance and it does seem the response has been disproportionate.

“It’s a demonstration of the problems of a system which seems to be unduly bureaucratic and extremely time consuming.”

Pauline McNeill, Labour's justice spokeswoman, said: “Justice is best when it is swift and smart. In this case it appears to be neither.

“If offenders are going to realise the error of their ways then this kind of delay does not help.

“The cost to the public purse is unacceptable and the whole process needs to drastically improve.”

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