Lord Advocate James Wolffe has now publicly apologised for the malicious prosecution but denied anyone had acted with malice. Mr Whitehouse and Mr Clark were arrested in 2014 but the Crown Office has admitted the prosecution that followed was “malicious”. without a proper evidential basis – in circumstances which met the legal test for malicious prosecution.”But the Lord Advocate said that despite the affair being a malicious prosecution, “no individual had malice in the poplar sense of a spiteful motive”. without a proper evidential basis, this was a malicious prosecution. “The checks and balances sighted by the Lord Advocate as reasons people can have faith in the system seem to have been completely bypassed in this appalling situation.

Source: The Herald February 09, 2021 16:38 UTC