WILSON, APPEAL BY, AGAINST PROCURATOR FISCAL, GLASGOW

[2] The appellant is represented by Mr Simon Collins, Solicitor Advocate. Mr Collins appeared before this court to move the appeal from the decision of the stipendiary magistrate. It was Mr Collins who had argued the plea in bar at trial before the stipendiary magistrate. Mr Collins was also party to a telephone call with a depute of the respondent during which Mr Collins disclosed information which, he submitted to us, was thereafter used by the depute in a way which was improper and so unfairly prejudicial to the appellant that it would be oppressive to allow the matter to proceed to trial.

[4] Subsequent to the service of the complaint upon the appellant, on 20 January 2014, there was a telephone conversation between, on the one hand, Mr Collins and, on the other, Mr Barry Dickson, one of the respondent’s deputes. The content of that telephone call is summarised in paragraph 3(b) of the compatibility minute as follows:

[5] On 11 September 2014 the respondent disclosed to Mr Collins, as the appellant’s solicitor, a copy witness statement prepared by Sergeant Pettigrew and setting out his evidence. The witness statement included the following paragraphs:

“I was on duty on 15 August 2013 and my duties included a proactive plain clothed patrol within Bellahouston Park where the group “Kings of Leon” were performing. I was accompanied by police witness McFadden and Porter.

About 1640 hours I, observed the now accused enter a toilet cubicle with another female, these portable toilets are very small and I immediately formed the opinion that the accused was entering to use controlled drugs.