The prosecution, led by Advocate Depute Alex Prentice QC, said this morning at the procedural hearing held at the High Court that they would not oppose the quashing of Nat Fraser’s conviction after the decision issued by the UK Supreme Court in London, but they declared that they would seek a retrial.
This motion is being strongly opposed by Fraser’s defence team, led by Maggie Scott QC.
Fraser was convicted of the murder of his estranged wife, Arlene, in January 2003, but has always denied the crime. Mrs Fraser’s body has never been found. He was given a life sentence and ordered to serve at least 25 years behind bars. In 2008 Court of Criminal Appeal rejected an appeal against his conviction, however two weeks ago five judges in London at the UK Supreme Court unanimously agreed with Fraser’s claims that he had not been afforded a fair trial in 2003, and that his human rights had been breached.
The hearing, which is being presided over by the Lord Justice General Lord Hamilton, continued throughout the day at the High Court in Edinburgh, however precise details of any submissions made by either prosecution or defence are unavailable due to reporting restrictions imposed this morning.
The case will next be heard at the Appeal Court in Edinburgh on 17 June 2011 when Fraser will learn whether a retrial will be allowed or not. In the meantime he has been returned to custody.
