02 November 2005 Latest News
Acquitted man held three times

ADMINISTRATIVE MIX-UPS have led to a Dundee man being arrested on three separate occasions since he was acquitted on terrorist charges nearly a year ago.

Last weekend Alexander Mitchell jun (18) was arrested for the third time on suspicion of breaching a bail curfew, confining him to his home overnight, despite the curfew coming to an end when a jury found him not guilty last December on all the charges against him.

He, along with six others, had been accused of being members of the banned loyalist organisation the Red Hand Commando (RHC), which is associated with the larger Ulster Volunteer Force.

The charges stemmed from an armed robbery at the Mains of Claverhouse pub in Dundee over two years previously, when four masked men, three of them carrying guns, forced the keyholder to open the safe and stole over £3000.

As his family waited for him to be freed they asked The Courier to help clear up the confusion and prevent further arrests.

His father, also Alex, said they were particularly concerned as the family is due to go on holiday.

“You can just imagine what will happen. We will arrive at the airport and when they check, there will be a warrant and another arrest.”

A spokesperson for the procurator fiscal service in Dundee conceded yesterday that there had been a problem and immediate steps were being taken to rectify it.

The problems began when, after the first court appearance in connection with the terrorist charge, bail was refused. As the case progressed, amended charges were laid and a successful appeal was made to the High Court for bail.

It was granted with the condition that Mr Mitchell observe a curfew and sign in at police HQ regularly.

After the acquittal at the High Court in Edinburgh following a 10-week trial, police were not informed immediately that the bail condition requiring him to sign in had ended and he was detained after failing to sign in on the two days following the trial.

Mr Mitchell sen said last night that this aspect took until July to be cleared up.

In the meantime, his son was arrested twice more after police discovered he was not at home as required by the curfew bail condition, which should also have expired with his acquittal.

The police computer continued to show the condition was in force and officers acted on that basis.

It emerged yesterday that the administration had tidied up and dealt with the original charges, but either unaware or by oversight, the amended charges with the bail conditions, on which he ultimately stood trial remained in the system.

A police spokesperson said, “Where we are notified by the sheriff clerk that bail conditions have been removed, we will update our systems accordingly.”

Last night Mr Mitchell sen said he was, “delighted and looking forward to the holiday.”