Cadder case: Man accused of attack in landmark legal case walks free

Peter Cadder, 21, was found guilty in 2009 at Glasgow Sheriff Court of assaulting Liam Tracey and Mr Tracey’s father John and committing a breach of the peace in May 2007.

But his case became a legal landmark when he appealed his conviction because evidence used to prosecute included information gained before he spoke to a lawyer.

It was argued that his human rights had been breached and in October 2010 the Supreme Court upheld his appeal and his conviction was quashed.

Proceedings were raised against him again last year but yesterday, after a day of evidence from Liam Tracey, the Crown withdrew the charges against Mr Cadder.

Mr Tracey initially told the court that he had seen what happened to his father and was able to identify the person who attacked him. But he admitted to advocate Paul Brown under cross-examination that he had given evidence based on what he had been told.

He said he could not remember exactly what happened in Carmyle, in the heart of Glasgow, on the day he was attacked and could not identify the attacker.

Procurator fiscal depute Bernard Ablett told the court: “The Crown case relies on evidence of two Crown witnesses, Liam Tracey who has given evidence and his father, John Tracey.

“The Crown requires to lead evidence from both witnesses in relation to what they saw or heard on the day libelled.

“Liam Tracey is an essential witness in the case and without his evidence identifying the attacker of his father and also of himself the Crown cannot proceed.

“Liam Tracey has given evidence to the fact he did not see the assault on his father nor can identify who was responsible for assaulting him.”

Mr Cadder’s lawyer Michelle McGarrity said after yesterday’s hearing: “Mr Cadder is satisfied that this was the correct course of action.

“Having been subject to these proceedings, in one form or another, for a period of approximately five years, his desire now is simply to move on with his life.”

In light of the Cadder ruling at the Supreme Court, 867 cases were abandoned, including 60 serious cases, nine of which were High Court cases.

Scott Pattison, director of operations at the Crown Office, said there had been “extensive liaison” between procurators fiscal and the police to minimise the number of cases affected by the ruling.