HER MAJESTY'S ADVOCATE AGAINST ANDREW EDWARD COULSON [2015] ScotHC HCJ_49 (03 June 2015)

HER MAJESTY'S ADVOCATE AGAINST ANDREW EDWARD COULSON [2015] ScotHC HCJ_49 (03 June 2015)

The false evidence alleged in the indictment was not relevant evidence at the original trial and therefore cannot found a charge of perjury. The Crown failed to discharge the burden of demonstrating relevancy, and the charge is irrelevant.

Citation
[2015] ScotHC HCJ_49
Parties
Prosecution: Her Majesty's Advocate; Accused: Andrew Edward Coulson
Jurisdiction
Scotland
Judgment Date
03 June 2015
Procedural Posture
Criminal / Post Crown Case, Ruling on Relevancy of Indictment
Outcome
Charge of perjury in the indictment is irrelevant; submission sustained.
Legal Topics
Perjury, Relevancy of Evidence, Credibility of Witnesses
Criminal Law Perjury Relevancy of Evidence Credibility of Witnesses

Case Brief

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Parties

Her Majesty's Advocate

Prosecution

Andrew Edward Coulson

Accused

Procedural Posture

Criminal / Post Crown Case, Ruling on Relevancy of Indictment

Legal Issues

  1. 1 Whether the allegedly false evidence in the indictment was relevant at the original trial and could found a charge of perjury

Ratio Decidendi

The false evidence alleged in the indictment was not relevant evidence at the original trial and therefore cannot found a charge of perjury. The Crown failed to discharge the burden of demonstrating relevancy, and the charge is irrelevant.

Court Disposition

Charge of perjury in the indictment is irrelevant; submission sustained.

Orders

  • Submission of no case to answer sustained in respect of paragraphs (viii) and (ix) as uncorroborated; reasons to be given in due course.