A 20-YEAR-OLD Dundee man spent more than five weeks on remand in prison unaware the charge against him had been dropped and he should have been released.

The matter came to light yesterday at the sheriff court when Stephen Bertie, of Forth Crescent, appeared for sentence on other matters before Sheriff Richard Davidson. Bertie was returned to jail yesterday afternoon while the matter was sorted out.

Bertie appeared first thing from custody to be sentenced on summary matters. The court was told he was on remand in relation to another, unrelated matter.

However, on further investigation it turned out that, unbeknown to Bertie and his agent, the charge for which he was remanded had been dropped by the Crown on October 13. This matter was a petition alleging Bertie had a knife.

To add to the confusion, solicitor advocate Jack Brown said he was not told the matter had been dropped and on the crucial date, October 13, he received witness statements from the Crown which would seem to indicate the matter was proceeding.

The matter was continued throughout the morning while the fiscal’s office and Perth Prison were contacted. Depute fiscal Baljit Mooker later told Sheriff Davidson her office had sent a fax to the prison requesting the liberation of Bertie on October 13. However, the prison said it had received no such intimation.

Miss Mooker said given that the fiscals said the information regarding liberation had been sent, and the prison said it had not been received, she had been advised her office was to carry out an investigation.

Mr Brown said his client had been “languishing in Perth Prison” awaiting a date for his court appearance on the knife charge. “I received no intimation from the Crown other than disclosure (witness’ statements) on the same date that the Crown apparently said no further proceedings were to be taken.’’

Miss Mooker said her office had again raised the matter with Perth Prison at lunchtime and would check on its arrival. Mr Brown asked for confirmation that the petition matter had been discontinued.

Sheriff Davidson said his difficulty was that the petition matter was not calling before him yesterday and that Reliance (prisoner escort service) was bound to return him to Perth Prison.

He was dealing with Bertie’s deferred sentences on summary matters.

Bertie had admitted that on August 13 at his home he assaulted three police officers, kicking out with his feet and repeatedly striking them with a cosh.

The court was told the police had gone to the house on another matter at around 1am and Bertie refused to allow them in.

He was warned of the consequences but still refused and officers used the Enforcer to gain access.

Officers in riot gear locked shields and Bertie launched himself at them with his feet. He then picked up the weapon and struck their shields and helmets and had to be sprayed with CS spray.

Bertie also admitted stealing lead from a house in Balunie Avenue on May 3, 2007, meat from Sainsbury’s, Baldovie Road, on December 2, 2007, and failing to attend court on July 21.

He was placed on probation for 18 months, with the conditions that he carry out 160 hours’ unpaid work for the community and attend for drugs counselling.