Tuesday, June 7, 2011

Fraser set to learn appeal ruling

Nat Fraser and Arlene FraserNat Fraser was jailed in 2003 for his wife Arlene's murder
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Nat Fraser is set to learn if his conviction for the murder of his wife Arlene has been quashed when he appears at the High Court in Edinburgh later.

An appeal hearing to decide on a retrial of the Elgin businessman was adjourned at the end of last month.

Nat Fraser was sent to prison in 2003 after his wife went missing in 1998.

In May, the UK Supreme Court remitted the case to the Court of Criminal Appeal in Edinburgh to decide on a retrial and to quash the conviction.

Fraser could be set free, or if a fresh trial is ordered, released on bail.

On 27 May, the Court of Criminal Appeal judges adjourned the hearing after a defence request for more time to prepare their case in the event of a retrial. Fraser remained in custody.

His appeal had previously gone to Supreme Court judges in London after he exhausted the process in Scotland.

They found that Fraser's human rights may have been breached because prosecutors failed to disclose some evidence in the case against him.

Granting the appeal, the Supreme Court judges said in their deliberations: "The Supreme Court unanimously allows the appeal.

"It remits the case to a differently constituted Appeal Court to consider whether to grant authority for a new prosecution and then, having considered that point, to quash the conviction."

The Crown Office said it would seek to bring fresh proceedings against Nat Fraser, which would have to take place within two months.

His team argued there had been a miscarriage of justice, centring on claims that evidence was tampered with and prosecutors had not been given all of the facts.

This article is from the BBC News website. � British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Source: http://www.bbc.co.uk/go/rss/int/news/-/news/uk-scotland-north-east-orkney-shetland-13691408

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