Whoever wrote your editorial (“Responsible response to bin lorry tragedy FAI”, 29 August) displays serious ignorance of the Crown’s role in the criminal process. Its central hypothesis – that, in all high profile cases, the Lord Advocate should not “pre-judge” outcomes, but rather should “let the legal process run its course” – is fundamentally wrong.
It is the Crown’s duty not to waste the court’s time with unprovable prosecutions.
In the bin lorry case, it seems crystal clear that, from the outset, the essential element of mens rea (evil intention or knowledge of the wrongfulness of one’s actions) could never have been proved. Ipso facto, it was the Crown’s duty not to prosecute.
The Lord Advocate would, rightly, have been criticised by the court had he allowed this case to proceed.