Outcry after Crown drops case against ‘bogus bride’ who wed Scot
A FOREIGN woman who admitted taking part in a fake wedding to avoid deportation is free to stay in Scotland after the Crown dropped the case against her.
Indian-born Hem Lata went through a ceremony with Scot Alasdair Newlands in 2012.
She later confessed in court that the wedding had been a sham – and that she had only married in a fraudulent attempt to remain in Britain.
However, after 24 separate court hearings, costing the taxpayer tens of thousands of pounds, prosecutors last week abandoned the case.
Now, despite admitting her cynical role in the sham marriage, the 32-yearold bride has escaped a criminal record and remains in Scotland.
Last night critics said the case highlighted failings in the justice and immigration systems.
Tory MSP Alex Johnstone said: ‘This case makes a mockery of the system and damages people’s faith in Scotland’s ability to deal with situations which, on the face of it, ought to be straightforward.’
Lata arrived in Scotland on a tempo- rary visa to learn how to teach English. After she failed to complete her course within the allotted time she applied for leave to stay but was turned down.
Perth Sheriff Court heard that the student hatched a plan to find a UK citizen to marry to ensure she secured spousal rights to remain in Scotland.
Mr Newlands, 31, of Angus, was known to her family but when the couple’s intention to wed was posted, Miss Lata’s name was flagged up to the immigration authorities.
They married on January 9, 2012, but officials concluded the marriage was bogus and Miss Lata was charged. Her case was called that November and seven hearings later, in July 2013, her guilty plea was accepted by the Crown. Miss Lata admitted that between 2011 and 2012 she planned and entered a false marriage to obtain further leave to remain as a spouse. Sheriff William Wood – one of ten judges who have presided over the case – warned he was considering a jail term and deferred sentence for reports.
The offence could have earned Miss Lata up to six months in jail or a fine of up to £1,000 as well as deportation. However, sentencing was postponed on a further 11 occasions, during which time she decided to try to withdraw her guilty plea – an unusual move that was eventually granted in June 2014. The next month the case returned to court and Miss Lata pleaded not guilty.
A trial was scheduled in January this year but the Crown decided not to call the case and then spent seven months considering its position. Last week, prosecutors finally confirmed they are not pursuing the charge against her.
A Crown Office spokesman said: ‘After full and careful consideration of the facts and circumstances of the case, the procurator fiscal decided there should be no further proceedings taken at this time.’
Records show Miss Lata and Mr Newlands are technically still married, but sources close to the case are adamant they have never been in a relationship, nor lived together as man and wife.
Lata could not be contacted for comment but a woman, thought to be a relative, at her former home in Perth said it is believed she remains in Scotland. It is thought she has recently been working for a cleaning company.
One observer suggested the police inquiries, witness expenses, court costs and translator fees – Hindi interpreters were employed on at least 11 occasions – could amount to £30,000.
A Home Office spokesman said it does not comment on individual cases.
‘This makes a mockery of the system’