Man was left on remand after case dropped

AN INNOCENT man spent two weeks in prison on remand despite prosecutors having already dropped the case against him, it has emerged.

Max MacAskill, 25, had been accused of stealing games console controllers from a branch of Game in Dundee’s Murraygate.

He denied the charge on 
6 August and was jailed ahead of a trial scheduled for later this month.

Two weeks later, on 20 August, prosecutors wrote to Dundee Sheriff Court saying there was to be no further action against him.

However, he was not released from prison and the error only came to light when he was brought to court yesterday for a pre-trial hearing.

Sheriff Alistair Duff asked why the case was calling when it had been dropped two weeks before – only for Mr MacAskill to be brought up the stairs from the cells, handcuffed to a G4S security guard.

Sheriff Duff said: “The letter from the Crown says that following a review it has been ­decided there will be no further action.

“It says you have cancelled his bail order – but he is remanded in custody.

“That letter was written on 
20 August.

“So he has been in ­custody since then, even though the case has been dropped.”

Reacting to the sheriff’s comments, fiscal depute Emma Stewart said: “I have no explanation as to why this has happened.”

Through defence solicitor Mike Short, Mr MacAskill, of Nithsdale Avenue, Dundee, ­denied the charge of theft by shoplifting.

Ms Stewart said that plea was being accepted by the Crown.

Mr MacAskill declined to comment on the case as he left court after being released from custody.