A MAN who changed the Scottish legal system has walked free from court after a re-trial collapsed.
Peter Cadder, 21, was found guilty in 2009 at Glasgow Sheriff Court of assaulting Liam Tracey and his father John and committing a breach of the peace in May 2007.
But his case became a landmark when he appealed his conviction after evidence used to prosecute was information gained before he spoke to a lawyer.
It was argued his human rights had been breached and in October 2010 the Supreme Court upheld his appeal and his conviction was quashed.
Proceedings were raised against him again last year but yesterday after a day of evidence from Liam Tracey, the Crown withdrew the charges against Mr Cadder.
Mr Tracey initially told the court he had seen what happened to his father and was able to identify the person who attacked him but he admitted to advocate Paul Brown under cross-examination he had given evidence based on what he had been told.
He said he could not remember exactly what happened in Carmyle, in Glasgow's east end, on the day he was attacked and could not identify the attacker. Procurator-fiscal depute Bernard Ablett told the court: "The Crown case relies on evidence of two Crown witnesses, Liam Tracey who has given evidence and his father, John Tracey.
"The Crown requires to lead evidence from both witnesses in relation to what they saw or heard on the day libelled.
"Liam Tracey is an essential witness in the case and without his evidence identifying the attacker of his father and also of himself the Crown cannot proceed.
"Liam Tracey has given evidence to the fact he did not see the assault on his father nor can identify who was responsible for assaulting him."
Through his lawer Michelle McGarrity, Mr Cadder made a comment as he walked free from court. It said: "Mr Cadder is satisfied this was the correct course of action. Having been subject to these proceedings, in one form or another, for a period of approximately five years, his desire now is simply to move on with his life.
"He wishes to thank those who have represented him, his Counsel Paul Brown and Chris Shead and his solicitors Penmans Criminal Defence Lawyers.
"Beyond that he has no desire to make any further comment in relation to his case, either now or at any time in the future."
It was reported last year that following the appeal, five rape allegations were among cases abandoned by prosecutors in light of the Cadder ruling.
In light of that ruling, 867 cases were abandoned, including 60 serious cases, nine of which were High Court cases.
Scottish police could no longer question suspects without allowing them access to a lawyer.
Until then suspects could be questioned for six hours without a lawyer present.
It was estimated by the Crown Office the number of possible appeals at close to 3500. The actual number of 867 was said to be the equivalent to 0.3% of all criminal cases reported to the Crown Office and Procurator-Fiscal Service in a year.
Scott Pattison, director of operations at the Crown Office, said there had been "extensive liaison" between procurator-fiscals and the police to minimise the number of cases affected by the ruling. He said: "Each case was then carefully considered by Crown Counsel before any conclusion was reached that no further evidence was available, and the case required to be discontinued as a result of Cadder.
"In some solemn cases, we have decided to discontinue proceedings meantime – these cases are not closed and will be kept under review, so proceedings may be raised should additional evidence come to light in the future."
Of the nine abandoned High Court cases, five include rape allegations and one involved a firearms offence.
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