Family fears as Fraser on verge of being freed

Senior News Reporter

Saturday 28 May 2011

THE father of Arlene Fraser said he was "very apprehensive" that the man convicted of his daughter's murder could be set free from prison in a matter of days following a successful appeal at the Supreme Court.

REACTION: Carol Gillies and Hector McInnes, sister and father of Arlene Fraser, leaving the High Court yesterday. Picture Gordon Terris

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ALISON CAMPSIE

Hector McInnes, 70, spoke outside the High Court in Edinburgh following the brief appearance of Nat Fraser, who was back in court to witness the latest twist in his exhaustive battle to see his conviction overturned.

There had been speculation that Fraser, 52, could be freed from Addiewell Prison following yesterday’s hearing, but the court was adjourned following submissions from his legal team that more time was required to prepare for the Crown’s position that it will seek a retrial of the former fruit and vegetable seller, who was jailed for life in 2003. The case has been adjourned until June 8.Arlene Fraser, a mother-of-two, went missing in 1998 from her home in New Elgin, Moray, and her body was never found.Mr McInnes, of Bonnyrigg, said after the 10-minute hearing: “Today is obviously an anti-climax, but that is how it goes. We have had 13 years of this and we are quite used to this.”Asked how he felt that Fraser could be released in the near future, Mr McInnes said: “I am very apprehensive, obviously. I think that is all I can say.”The missing woman’s family heard on Wednesday that Fraser had won his appeal against his murder conviction after the Supreme Court in London ruled he had not received a fair trial under the European Convention on Human Rights. This was because police evidence that had the potential to undermine the Crown’s case was not put before the court.The decision sparked a row between politicians and some sections of the legal profession after First Minister Alex Salmond claimed that the Supreme Court was undermining the decisions of the highest criminal court in Scotland.In addition, senior members of the Scottish judiciary are understood to be furious about the encroachment of the Supreme Court on what they see as their own territory.Carol Gillies, Mrs Fraser’s sister, accompanied her father to court. She said: “It is a very difficult time for the family just now, particularly the past few days. There is a huge amount of publicity and we are a very quiet family and to be thrown into the limelight is difficult.”The family earlier sat in the back row of the public gallery to watch Fraser being led into the dock.Chris Shead, QC, acting for Fraser, put to Lord Hamilton that he wanted time to prepare for the Crown’s application for a fresh prosecution.Advocate-depute Alex Prentice, QC, for the Crown, said that, following discussions with Mr Shead, he was to prepare a timeline of the case.Mr Prentice added that he anticipates further discussions with Mr Shead on additional material that may aid the court. He also highlighted the Supreme Court’s observation that the media should refrain from discussing the strength of the evidence against Fraser until the issue of the retrial had been resolved.Lord Hamilton said: “Given the importance and the delicacy of this matter we will grant Mr Shead an adjournment to this hearing until June 8.“There are two matters arising from this. The appellant will remain in custody and secondly I want to reiterate, for the benefit of the press, the delicacy of the situation. The best way of me doing so is to repeat what the deputy president of the court said. It will be appreciated that it is of the highest importance that the media should refrain from the discussion of evidence until the issue of the retrial be resolved.”Meanwhile, the Supreme Court judge who led this week’s ruling on the Fraser case claimed that Mr Salmond had misunderstood the law and the facts surrounding the legal and constitutional position.Lord Hope, formerly the Lord Justice General, the most powerful judge in Scotland, said: “I have absolutely no desire to engage in a public disagreement on the matter. But it is only right to point out that [Mr Salmond’s] remarks appear to have been based on a misunderstanding of the law and the facts.“It is inaccurate to say the Supreme Court is encroaching on territory where it was not meant to be.“The whole system of devolution was designed so that the United Kingdom’s treaties under the European Convention on Human Rights are observed by the Scottish Parliament and by ministers.“The idea that the Supreme Court routinely interferes with Scottish decisions is incorrect.”

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Family fears as Fraser on verge of being freed

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