By Steve Bargeton, political editor

THE FIRST prosecution for hunting with a pack of dogs has been abandoned after a blunder by police and the procurator fiscal service, The Courier can exclusively reveal.

The Wild Mammals (Scotland) Act 2002 caused a major row during its stormy passage through the Scottish Parliament.

At the beginning of March a complaint was made to Fife Police following a hunt by the Fife Foxhounds which was recorded on video.

Subsequently the huntsman and one of the joint masters were interviewed by police and the matter was made known to the procurator fiscal at Cupar.

However, the matter has become time barred and has now been dropped.

Fife Chief Constable Peter Wilson has admitted that “it is regrettable that through a lack of appreciation of the time bar in this particular case full consideration could not be given to prosecution of the new legislation.”

He conceded that his officers “should have responded more promptly” and said that “summer leave has not helped the situation.”

The procurator fiscal at Cupar, Edward Russell, has confirmed that no proceedings will now be taken.

In a letter to Mr Les Ward, of anti-hunting group Advocates for Animals, he pointed out that offences contravening section 1 of the Wild Mammals (Scotland) Act 2002 can only be prosecuted summarily—before a sheriff without a jury—and must come to court within six months of the alleged offence.

He said he had not received information from the police until July 22—almost five months after the alleged incident.

“The police were requested to provide further information and the video,” he said in his letter.

“These arrived on 1 September which by coincidence was six months to the day from the alleged offences.”

Last night Mid Scotland and Fife MSP Tricia Marwick, a co-sponsor of the act, said that both the police and the fiscal were to blame for allowing the matter to drop and called on Justice Minister Cathy Jamieson to launch a full investigation.

“This is an appalling case,” she said. “There is absolutely no doubt that the police bungled and bungled badly, but equally at no time did the fiscal’s office point out that time was running out.

“Thanks to the incompetence of the police and fiscal in Fife no charges will ever be brought.

“I have already written to the minister for justice and will be doing so again asking her to investigate the circumstances of this case and to issue guidance to the police and fiscals because quite clearly they need it.”

Ms Jamieson said she understood the “frustration” felt about the case not resulting in prosecution.

She said that she has received an explanation from the chief constable of Fife and is “reassured” that the force is “not conplacent about the importance of enforcing our wildlife laws.”

She said police chiefs, the Crown Office and the procurator fiscal service are reviewing the system of police reporting in order to secure the earlier reporting of cases.

“Significant progress is being made and I expect this initiative, in future, to minimise the risk of this type of problem happening again,” she said.

Mr Wilson said last night, “While it is regrettable that on this occasion the newness of the legislation led to some delays in the reporting procedure, there was no lack in the thoroughness of the inquiry.

“Fife Constabulary remains committed to an active role in protecting the wildlife of Fife.”