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Fraser begins wife murder appeal Fraser begins wife murder appeal
(about 4 hours later)
Evidence allegedly withheld by prosecutors undermines the guilty verdict on a man convicted of murdering his wife, a court has been told.Evidence allegedly withheld by prosecutors undermines the guilty verdict on a man convicted of murdering his wife, a court has been told.
Nat Fraser, from Elgin in Moray, is challenging his conviction for murdering his wife Arlene in 1998.Nat Fraser, from Elgin in Moray, is challenging his conviction for murdering his wife Arlene in 1998.
He was found guilty in 2003 of murdering the 33-year-old, whose body has never been found.He was found guilty in 2003 of murdering the 33-year-old, whose body has never been found.
Defence QC Peter Gray told the appeal in Edinburgh that evidence about Arlene's rings was never disclosed.Defence QC Peter Gray told the appeal in Edinburgh that evidence about Arlene's rings was never disclosed.
Evidence that the rings disappeared with Arlene and mysteriously re-appeared nine days later was heard before a jury found Fraser guilty of murder. I don't suggest this was a cover up but there was an extraordinary degree of incompetence Peter GrayDefence counsel
His legal team claims there were serious irregularities in the way police evidence was led against him at the original trial. Fraser's lawyer, Peter Gray QC, blamed "an extraordinary degree of incompetence" for the failure to reveal information about Mrs Fraser's rings, at the Court of Criminal Appeal heard.
They said police involved in the investigation had come forward with information which was at odds with what the trial heard. Evidence that the rings disappeared with Arlene and mysteriously re-appeared nine days later was heard before a jury found Fraser guilty of murder at his original trial.
They said the officers had seen the rings in the bathroom of her Elgin home just hours after she disappeared. Mr Gray said there was evidence a police officer had seen the rings in the house on the night she disappeared or the day afterwards but the information had been kept from the defence.
He said: "In those circumstances we have information which the Crown had in its possession which had the capability for the potential of undermining that cornerstone, and that was something which the Crown was clearly duty bound to make known to the defence."
Identify rings
Mr Gray said Cons Neil Lynch had revealed having seen the rings in a statement to precognition officer Douglas Burns in July, 2002, who had been asked to interview him by the then Procurator Fiscal for Elgin, David Dickson.
Mr Burns had passed the statement to Mr Dickson with a note saying Cons Lynch would come into the office to identify the rings.
Mr Dickson claimed never to have seen the statement.
Mr Burns also wrote to Crown Office worker Denise Bruce who was drawing up the charges, and to an assistant to the advocate depute who would be prosecuting the case.
The body of Mrs Fraser has never been found
However Mrs Bruce did not remember seeing the letter and the advocate depute said he had not read the information because it had been amongst a messy file, said Mr Gray.
He said: "Although Mr Burns immediately recognised the potential importance of the information provided by PC Lynch and alerted the indictor and the depute Crown agent and specifically required that both the trial depute and indictor be made aware of this information, it would appear it did not happen."
Lord Johnstone asked: "Are you suggesting this was incompetence or a cover up?"
Mr Gray replied: "Not a cover up. I don't suggest this was a cover up but there was an extraordinary degree of incompetence."
The hearing, which began on Tuesday, is expected to last about three weeks, and the judges will deliver their written judgement some time later.
Fraser, who was ordered to serve at least 25 years of a life sentence, was released on bail in May last year.Fraser, who was ordered to serve at least 25 years of a life sentence, was released on bail in May last year.
The potentially lengthy appeal, which began on Tuesday, continues.