The trial of a Tayside police officer is to proceed against the background of what a sheriff has labelled a “half-cocked” prosecution.
In a case relating to an alleged incident of more than three years ago, Dean Miller faces charges of assaulting a suspect and then omitting details from an official report into the matter.
At Arbroath Sheriff Court, his solicitor made a bid to have the case thrown out after lengthy delays and difficulties in obtaining access to prosecution papers.
Sheriff Peter Paterson said Miller’s case was “not without difficulty” but he refused to drop proceedings on the grounds that they were “matters of significant importance, not just to you (Miller), but to society”.
Miller denies assaulting Anthony Allan Davies at Seaton Caravan Park, Arbroath, on June 18 2010, by punching him on the face to his injury during an apprehension.
He further denies a second charge that, between June 18 and 21 2010, he omitted information relating to the alleged assault from a prosecution report to avoid investigation and prosecution.
It is alleged he filed the report in an attempt to pervert the course of justice.
Miller’s trial, expected to last three days, had been due to start in Arbroath on Tuesday.
However, at the calling of the case depute fiscal Jill Drummond moved for an adjournment of the trial.
She said Miller’s case was part of a larger investigation and that had contributed to preparation delays.
Defence solicitor Brian Bell said the entire case should be dismissed.
He said he had sent five letters to the Crown between March and December 2012 and received a response in January indicating the matter was still under consideration.
A not guilty plea was made on August 6 and Mr Bell said he was still awaiting access to productions.
Miss Drummond said: “The Crown is aware of where these productions are and will have them made available to my friend at the earliest opportunity.”
Sheriff Paterson said: “This is not a matter without difficulty.
“These are matters of significant importance, not just to you, but to society,” he told the accused.
“There would be significant prejudice, in my view, if the matters were not prosecuted.”
He added: “The prosecution should not be brought in what appears, candidly, an almost half-cocked fashion … it appears the precognition is not complete.”
Trial was set for January 22.