THREE GM crop protesters had their convictions quashed yesterday because of a lengthy delay by a sheriff in producing a report for appeal judges.
Sheriff Elizabeth Jarvie, QC, should have prepared the report within 11 weeks, but took 90 weeks instead, causing the crown to concede that Mark Ballard, 31, James MacKenzie, 30, and Alan Tolmie, 36, had suffered prejudice because of the delay.
However, Graham Bell QC, advocate depute, emphasised that the crown was not making any concessions on the merits of the case.
The three were convicted at Edinburgh Sheriff Court in January 2001 of damaging property ''without reasonable excuse'' at Boghall Farm, Penicuik, Midlothian, and in March 1999 by uprooting plants in a crop containing genetically-modified oilseed rape.
During the trial, the court had heard evidence that the protesters had been fooled by decoy markings in the fields and had actually caused (pounds) 1.50 in damage to commercial, conventionally cultivated crops.
Mr Ballard, the national secretary of the Scottish Green Party and candidate at the forthcoming Scottish Parliament elections, was fined (pounds) 125, as was Mr MacKenzie. Mr Tolmie was fined (pounds) 250.
Lord Macfadyen, who presided at the appeal court, with Lord Carloway and temporary judge Sir Gerald Gordon, QC, said: ''I think perhaps, in the circumstances of this case, the less we say the better.''
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