A Perth woman accused of stealing £22,000 saw the case against her collapse after her husband refused to give evidence.
Margaret McLeod was said to have pretended to an employee of leading loan and mortgage provider Black Horse Finance that her mother Margaret Fletcher had signed a loan document enabling her to obtain the cash by fraud.
The 52-year-old had denied the allegations however and appeared for trial at Perth Sheriff Court, where she repeated her plea of not guilty to the charge.
The Crown called its first witness her husband John McLeod (52) only for the case to fold within seconds and the accused walk free from the dock.
Mr McLeod adhered to his legal right not to give evidence against his spouse and refused to answer any questions from depute fiscal Stuart Richardson.
Under the law as it stands, a witness can only be compelled to give evidence against a civil partner, husband or wife when they are accused of an offence against them.
In light of that, Sheriff Lindsay Foulis had earlier told the witness, “You can decide that you don’t want to give evidence in this case and I cannot force you to give evidence.
“You do not have to answer any questions that are put to you.”
The depute fiscal asked Mr McLeod if he was aware of the charges against his wife, to which he replied, “I am.”
Mr Richardson continued, “I have a series of questions that I want to ask you but I am not going to waste the court’s time unnecessarily.”
The witness stopped him, saying, “I am refusing to answer any questions,” and was then invited to leave the witness box.
Mr Richardson told Sheriff Foulis, “Mr McLeod was an essential witness for the Crown and in light of his decision, which he is perfectly entitled to take, I am not proceeding with this case.”
Sheriff Foulis acquitted Mrs McLeod of the charge, found her formally not guilty and told her she was free to go.
The Scottish Government is considering amending the law that governs whether individuals should be required to give evidence in relation to an offence committed by their spouse or civil partner.