Families and MSPs blast hold-ups in FAIs, fraud and murder probes

Legal experts and grieving families have hit out at Scotland’s prosecution service over lengthy delays in probing major tragedies and serious crimes.

The Sunday Mail can reveal that the Crown Office have been sitting on some police reports for almost five years – with no decision being taken on how to proceed.

Relatives of victims of fatal accidents and unlawful acts yesterday spoke of their agony at being left in limbo while they wait for answers.

James Wolffe QC took over as Lord Advocate – the country’s most senior prosecutor and law officer – in May 2016. He replaced Frank Mulholland, who is now a High Court judge.

But there are at least five long-running investigations – three involving fatal accidents, an alleged multimillion-pound fraud and a murder first reported to the Crown Office in 2013 – awaiting decisions.

So far, Wolffe – who earns £120,000 a year – has failed to deliver closure to families affected by the Clutha tragedy, M9 crash victims Lamara Bell and John Yuill, police custody fatality Sheku Bayoh and murdered Tracey Wylde.

The Crown Office have also failed to decide whether to prosecute four men charged in connection with fraud following the failure of £ 400million hedge fund Heather Capital.

Lamara’s dad Andrew, 51, said: “We want the Crown Office to get to the truth but we’re also frustrated by the time it is taking.

“We want things done properly but, at the same time, we want answers now.”

A former chief prosecutor said he believed his ex- employers have contributed to the backlog because they are afraid to make the wrong call on big cases and face a public backlash.

Politicians from all the major parties also attacked Scotland’s go-slow justice system and called on the Government to make more money available to prevent future delays.

Brian McConnachie QC – former Principal Advocate Depute who was responsible for the prosecution of High Court cases and heavily involved in FAIs – said he believed a fear of failure had affected the Crown Office’s ability to be decisive.

The furore over their ruling not to pursue bin lorry driver Harry Clarke after he lost control of his truck and killed six people in Glasgow city centre in 2014 coupled with the failed prosecution of ex-Rangers owner Craig Whyte has left them cautious about making quick decisions.

McConnachie, now a defence agent, also said lack of government funding was causing major problems in progressing cases.

He added: “The Crown have shown with the Harry Clarke case that these matters can be brought to court in a fairly short period of time.

“But they were criticised for rushing too quickly into making a decision on whether or not to prosecute. They’ve also had their