Important principal

Thomas MacFarlane has been in touch about The Cuddies Strip. “In those days it was classed as being outwith the Perth City limits and, as such, any serious crime committed was the responsibility of the Perthshire & Kinross-shire County Constabulary to investigate.

“As your reader explained, in August 1935 a young couple were walking along the Cuddies Strip when the male was shot dead. The female was brutally assaulted and property stolen.

The full might of the County Constabulary under Inspector Alexander Davidson swung into action and it was not long before the occupant of an encampment on Kirkton Hill – John McGuigan – came under suspicion. He was arrested and his tent searched albeit without the necessary warrant in place. Items were recovered which were deemed sufficient to charge McGuigan.

“At the High Court in Edinburgh, his defence counsel objected to evidence proposed to be led by The Crown with regard to the search of the accused’s tent.

In repelling the objection, judge Lord Aitchison stated that as the police were investigating a grave crime and where delay in obtaining a magistrate’s warrant was likely to defeat the ends of public justice, then he as trial judge could do no other than to accept that the circumstances of that particular case deemed that the search was reasonable.

“The case of HM Advocate v McGuigan thus established an important principal in Scottish Criminal procedure and is still recognised as being sound today.”