Assault conviction quashed due to lack of competent evidence

A Fife man has had a conviction for assault quashed because of a lack of competent evidence.

Fraser Mitchell was convicted at Kirkcaldy Sheriff Court in January but later appealed against the court’s decision.

Sheriff Sean Murphy QC of the Sheriff Appeal Court has now overturned the conviction on the grounds that key evidence considered in the case was inadmissible.

Solicitor Gordon Martin submitted the Kirkcaldy sheriff had been wrong to convict Mr Mitchell on the basis of comments made to a custody sergeant. Mr Mitchell was detained at his home on November 2015 and told he had been identified as the assailant in an assault.

He was cautioned and taken to Dunfermline Police Station, where he was asked routine questions in relation to his welfare.

Outlining Mr Martin’s submission, Sheriff Murphy said: “He was encouraged to answer these questions accurately and honestly.

“The appellant had been specifically encouraged to answer the questions put by the sergeant with no caution or warning as to the use which might be made of his replies and no reference to his right to silence.”

The Crown argued that the sergeant had not acted in bad faith and that Mr Mitchell’s response was not obtained unfairly, therefore the evidence was admissible.

Delivering his decision, Sheriff Murphy said Mr Mitchell had not been advised of his rights to legal advice at the time.

“The inquiries into the appellant’s welfare should be inadmissible in relation to matters beyond that,” he said.