A sheriff has warned prosecutors of his “considerable disappointment” in delays to an Angus embezzlement trial.
Jennifer Sim of Carnoustie has denied taking £19,450 from the Royal British Legion Scotland between May 2013 and January 2014 while employed as the head bar person at the town’s Dundee Street branch.
Forfar Sheriff Court heard the case has been “complicated” by the death of two witnesses since their statements were taken by police officers.
And Sim’s defence agent said the Crown prosecution has not been given enough time to pass on evidence including bank statements and accounting material.
The court heard the trial will involve an estimated 41 witnesses and take around five days.
Solicitor advocate Kris Gilmartin said: “I regret to say we haven’t made much progress at all.
“The Crown are unable to identify the figure they are prosecuting for.
“I have 27 witnesses I’ve tried to get statements for.
“The Crown’s list has 14 witnesses on it and I must consider the implications on my preparations.”
Mr Gilmartin said only some of the accounting books, representing part of the libel period, had been made available.
“I may require to instruct a forensic accounting expert based on this information,” he said.
“I am not telling tales as this was discussed in open court… (the fiscal) has not been given time to prepare this case.”
The Crown lodged two applications for statements from two deceased witnesses to be admitted as evidence, under section 259 of the Criminal Procedure (Scotland) Act 1995.
Another intermediate diet was fixed for April 4.
Sheriff Pino Di Emidio addressed the fiscal: “I wonder if you could ensure those further up the hierarchy known the onus is on the Crown to provide this information?
“It is imperative that those in a senior role understand the extent of these concerns.
“On the next occasion the court will expect to know the time needed to conduct the trial.
“This does not require to be a case that takes weeks on end, although it has the potential to become that.”
The Dundee Street club is one of 170 Legion Scotland branches across the country.
Each branch is run by volunteers.
The local branch provides comradeship and community to veterans and their families.
