This item was published during the term of a previous administration that ended in April 2007
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Crown abandons Orkney prosecution
02/07/2003
The Crown has decided that the case in which Mrs Biz Ivol is being prosecuted for the supply and possession of cannabis will not proceed further in light of recently submitted medical evidence which shows that Mrs Ivol is no longer fit to stand trial.
Ms Sue Foard, district procurator fiscal for Orkney and Shetland, advised Kirkwall Sheriff Court court today of the Crown's reasons.
The Crown said its decision was based purely on the recent medical evidence and had not been influenced by Mrs Ivol's ongoing campaign to have cannabis legalised.
A report on her current medical condition was provided to the fiscal by the defence agent late last week. It confirmed that she was no longer fit to stand trial.
Ms Foard had kept the accused's medical condition under review throughout the proceedings, the Crown Office said, and had personally consulted with her GP about her fitness to stand trial.
The Crown stated that it had a duty to prosecute where there is a sufficiency of evidence and where it is in the public interest to do so. Mrs Ivol admitted in court to the serious offence of growing, using and supplying cannabis but pled not guilty.
In every case, the Crown said, it also has an ongoing duty to assess whether the public interest remains best served by prosecution.
It had always been made clear to the accused through her agent that should there be any further medical evidence produced, its terms would be carefully considered.
As medical evidence is now available to show that Mrs Ivol is no longer fit to stand trial, the public interest in proceeding has been reassessed leading the Crown to conclude that there was no alternative but to stop proceedings.