Police show ‘ignorance of the law’ over not proven verdicts

Police have been accused of “ignorance of the law” after they told council bosses a jury’ s not proven verdict “implied a man was guilt y” even though he was cleared of the charges.

A letter was sent to Dundee City Council in the name of Chief Constable Iain Livingstone objecting to a man in the city being granted a taxi driver licence.

It set out his three minor criminal convictions dating back to more than seven years - before listing a charge for which he was found not proven by a jury in 2017.

They said the controversial not proven verdict-which acquits an accused person of a charge-implied the jury believed the man was guilt y “albeit without formal conviction”.

Brian Mcconnachie QC, who has previously represented Alesha Macphail’s murder - er Aaron Campbell and Rosdeep Adekoya, who killed son Mikael Kular in Kirkcaldy, said: “I am astonished and concerned by the letter from the Chief Constable objecting to the grant of a taxi licence.

“The letter makes reference to an assault charge in respect of which the accused was acquitted by a not proven verdict.

“The letter explains why the matter has been referred to on the basis of a quite staggering misunderstanding of the not proven verdict.

“This is that not proven shows the jury believed that the accused was guilty but there was not enough evidence to convict.

“The Chief Constable could not demonstrate a greater ignorance of the law and that verdict in particular.”

He added :“The idea postulated by the Chief Con stable is a view one might get from someone with no experience or knowledge of the law. I would not expect it from Police Scotland.

“It has the prospect of influencing in a false way the views of the public and also one wonders if this has been used in the past in other such applications.

“I consider the Chief Constable should ensure that this is corrected and that those who lodge documents in his name are better informed.”

Another senior defence lawyer, who asked not to be named, added :“If Police Scotland can’ t get their heads around the not proven verdict when they are so intrinsically part of the justice system, what chance to juries and the public at large have?

“This man was cleared of the charges against him by a jury. He was acquitted. That is the end of it.”

Police Scotland’ s Divisional Commander for Tayside, Andrew Todd, said: “This letter was unfortunately sent in error. A new one has already been issued which supersedes any previous correspondence.”