Crown won't charge fiscal who allegedly dropped case for friend

Morag Stuart, a procurator- fiscal depute, was at the centre of a seven-month criminal investigation into allegations of corrupt practices at work.

Yesterday, it emerged that Ms Stuart had resigned from her post. A few hours later, the Crown Office announced no further action would be taken against her.

She had been escorted from the procurator-fiscal's office in Dundee by Crown officials after the allegation was raised by a colleague.

It is understood that Ms Stuart, 34, whose father is a retired police officer, tendered her resignation earlier this month.

A spokesman for the Crown Office confirmed yesterday morning that an investigation was continuing into allegations about Ms Stuart's conduct.

He said senior Crown counsel were considering the case and "no decision" had yet been made on whether she would face criminal prosecution.

But the case took a sudden twist last night when the Crown Office announced that they would be taking no further action.

Detectives had raided the Dundee office where Ms Stuart worked last September and removed files relating to hundreds of cases she had worked on.

The police investigation was launched at the request of Betty Bott, the district procurator- fiscal.

Ms Stuart had been on sick leave for several weeks and returned to work on a three-day basis shortly before being suspended. She was removed from the office and remained suspended from her post while officers from Tayside Police carried out their investigation.

The experienced prosecutor was alleged to have quietly dropped a court case in which the accused was someone who was known to her.

Documents relating to the case in question were carefully examined and a number of staff at the fiscal's office have been quizzed by detectives.

A court insider said: "There were apparently very dramatic scenes when she was marched out of the office.

"I don't know how it came to light, but it involves a case she was handling which was dropped. The allegation is that she took the decision not to proceed any further with the case because the accused was someone she knew.

"Fiscal staff have to be seen to be squeaky clean and they just can't deal with cases where they know the people involved."

Ms Stuart had been on long-term sick leave with a reported back problem.

Another court regular said: "She mainly worked in Dundee and Arbroath sheriff courts. She has done all the usual stuff - trials and pleading courts.

"She was not what you would describe as one of the popular figures round here. Being off for such a long time probably didn't help.

"This episode must be hugely embarrassing for the fiscal's office, as they are supposed to be seen to be above this kind of thing."

A Crown Office spokeswoman last night said: "Following full and careful consideration of all of the facts and circumstances, Crown Counsel have instructed that no proceedings are to be taken in this case."

It is understood that special arrangements are in place for investigating allegations against Crown Office employees or members of their families.

In this case, the investigation was carried out by the Edinburgh procurator-fiscal's office in an effort to ensure impartiality.

Ms Stuart, a graduate of Dundee University, is a former chairwoman of the Scottish Young Lawyers' Association and also served as the executive member for Scotland on the European Young Bar Association.

After qualifying in 1995, she spent several years in Glasgow as a civil litigator before moving to Dundee when her husband found work there. She later joined the Procurator-Fiscal Service.

A spokeswoman for Tayside Police said: "We were asked to carry out an investigation and a report is now with the procurator-fiscal.

" It would be inappropriate to make any further comment."

• PROCURATOR-FISCAL deputes' duties include directing police on local criminal inquiries, deciding when and how to prosecute and investigating sudden and suspicious deaths.

They are also tasked with conducting proceedings in sheriff and district courts, and preparing cases for prosecution in the High Court and are expected to "exceed the high standards of probity, justice and fairness expected by the public".

Their posts have a starting salary of between 24,500 and 30,750, depending on experience, with pay rising to up to 44,784.

The investigation involving Ms Stuart comes more than a year after another prosecutor, Stuart MacFarlane, was caught with a prostitute. However, it emerged last May that Mr MacFarlane would not face trial after the Crown decided it would not be in the public interest to proceed.

Mr MacFarlane, 37, had previously resigned his position as the principal procurator-fiscal depute in Glasgow, six months after he was arrested following a function at Strathclyde Police headquarters. It was alleged he and 27-year-old Joanna Crane were caught by police while she was performing a sex act on him.