Sun 12 Mar 2006
Arlene murder evidence 'not given to defence'
NICHOLAS CHRISTIAN
EVIDENCE relevant to the case of convicted wife-murderer Nat Fraser
was not made available to the defence or to the court at the time
of the trial, it emerged yesterday.
The Crown Office and Procurator Fiscal Service made the discovery
as Fraser's legal team prepare to mount an appeal.
It has also emerged that Grampian Police has asked the Association
of Chief Police Officers in Scotland to appoint a lead investigating
officer into the force's handling of the murder inquiry.
Detective Chief Constable Ricky Gray of Strathclyde Police will
lead the investigation in a bid to establish the facts and to
ensure that all relevant evidence is available for the appeal.
Fraser, 46, was jailed for life in January 2003 after a jury
at the High Court in Edinburgh convicted him of murdering his
estranged wife, Arlene.
The trial judge, Lord Mackay of Drumadoon, ruled Fraser should
spend a minimum of 25 years in jail before being considered for
release.
Fraser's legal team lodged grounds for an appeal in 2003, but
it was not until January 2004 that Lord Mackay completed his report
on the case for the Court of Appeal.
Arlene Fraser was 33 when she disappeared from her home in New
Elgin, Moray, after waving her two children off to school on April
28, 1998.
Her body has never been found.
A spokesman for the Crown Office said yesterday: "In preparing
the Crown's response to this appeal, Crown Counsel learned that
evidence which was relevant to the case was not made available
to the defence or to the Court at the time of the trial. Crown
Counsel considered that this evidence should be made available
to the defence under the duty which the Crown has to disclose
evidence which undermines the prosecution case or may assist the
defence.
"We have now provided this information to the defence as
it may be of relevance to the appeal. The next of kin of Arlene
Fraser have been advised of the position by the Area Procurator
Fiscal for Grampian.
"The Lord Advocate regards it as a matter of serious concern
that this evidence was not made available to the defence prior
to the trial. For that reason, the Area Procurator Fiscal for
Glasgow, Catherine Dyer, has now been asked to conduct a full
investigation into this matter."
Deputy Chief Constable Pat Shearer said:
"I sought the involvement of an outside force to ensure
a thorough, independent and objective inquiry to clearly establish
all the facts and to assist the Crown Office and its inquiry in
ensuring that all relevant evidence is available for the appeal."