The Crown Office is to conduct a review after an “administrative error” led to the abandoning of a court case in which a Dundee man was accused of brandishing a knife.
Andrew Francis Curran (24), of Gray Street, had his case dismissed at Dundee Sheriff Court on Tuesday after it emerged he had been in custody for longer than the 40-day limit stipulated by law.
Mr Curran had previously denied that, while acting with another, he committed a breach of the peace in Benvie Gardens on December 2, 2009, by shouting, swearing, making threats of violence and brandishing a knife. He had also denied possessing a knife.
Before the trial could start, depute fiscal Grant Brown asked Sheriff McClory if he could grant an extension to the 40-day limit within which a trial must commence when the accused is held in custody on a summary matter.
Mr Curran had been in custody for a total of 56 days and Sheriff McClory asked whether this had been noticed and, if so, why something had not been done about it.
Mr Brown said it had earlier been marked on the accused’s papers that his case would have to be “accelerated” to bring it within the time limit but, for reasons he was not aware of, no action had been taken.
Sheriff McClory said the presumption was against granting time extensions where the reason was Crown error and there would have to be a more convincing reason.
Whilst absolving Mr Brown of responsibility for the situation and thanking him for his candour, Sheriff McClory said the Crown had been guilty of a “fairly serious systemic failure.”
The sheriff added, “Under these circumstances, I would certainly not be justified in granting an extension and the application is refused. I think the complaint just simply falls.”
The case against Curran was therefore dismissed.
Later, a spokeswoman for the Crown Office said, “Andrew Curran appeared from custody on a summary complaint on December 3, 2009 and was remanded. He was released on bail on December 30…
“He failed to appear for intermediate diet on February 15, and a warrant was issued for his arrest. He appeared from custody on June 7 and new dates were set for intermediate diet on June 21 and trial on July 6.
“However, it was subsequently discovered that the accused had been remanded for a total of 56 days. This was due to an administrative error by the procurator fiscal’s office and the clerks of the court.
“The case is being reviewed to prevent a similar situation arising in future.