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.