Man’s letters land him with 18 months in jail

Accused cleared of driving charge but found guilty of attempting to pervert the course of justice

An inmate wrote letters to witnesses due to give evidence against him in a bid to avoid a maximum one-year jail term, landing himself with an 18-month sentence for his trouble.

Darryl McColl faced up to 12 months in jail had he been convicted of driving while disqualified – however, while awaiting trial in HMP Perth, he posted letters to two witnesses telling them they didn’t need to turn up at his trial to give evidence.

The women he sent them to were suspicious, came to court and reported the letters to police.

McColl was acquitted of the motoring charge, but his letters landed him an even longer jail term than he could have faced had he been convicted of the driving offence.

Sheriff Alastair Carmichael jailed McColl for 18 months for attempting to pervert the course of justice.

Depute fiscal Charmaine Gilmartin told Dundee Sheriff Court: “The letter was analysed for fingerprints and his were found on it.

“The matter for which he was to stand trial and that these persons were to give evidence in was a charge of disqualified driving. The two witnesses received citations to give evidence for the Crown on November 18 2016.

“They were said to have observed him driving and were crucial witnesses.

“They received these letters and were not convinced it was genuine and reported it to police.”

She added: “Calls were recovered from Perth Prison with discussions between him and other persons about whether the trial would go ahead if the witnesses didn’t attend and discussion about their address.

“The letter was ultimately sent for forensic analysis and found positive for fingerprints on the letter and envelope.”

McColl, 30, a prisoner at HMP Perth, pled guilty on indictment to attempting to pervert the course of justice between October 20 2016 and November 16 2016 while on bail.

Defence solicitor Steven Gleeson told the court it was a “completely naive attempt at this offence” and said the women had realised immediately the letter was not from the procurator fiscal’s office.

He said McColl accepted it was a serious matter, but his actions were made all the more stupid because the case he was charged with had proceeded to trial and he was acquitted of that.

He said: “That only underlines the stupidity of it.”

Sheriff Alastair Carmichael told McColl he had no alternative but to impose a custodial sentence of 18 months.

He said: “This may be a naïve attempt, but nevertheless it was an attempt to stop witnesses giving evidence at court, which strikes right at the heart of justice”.

This may be a naïve attempt, but nevertheless it was an attempt to stop witnesses giving evidence at court, which strikes right at the heart of justice. SHERIFF ALASTAIR CARMICHAEL