The trial of a Dundee man accused of possessing indecent images of children appeared to be in doubt after a court heard an allegation that police officials had “lost” the images.
A flabbergasted solicitor raised the issue as Darryl Weir appeared at Cupar Sheriff Court for what should have been a routine procedural hearing.
However, the waters were further muddied on Thursday night, as Fife Police insisted the potential evidence was “safe and well.”
Weir denies that, between April 1 and 2, 2009, at an address in Cupar he took or made indecent photos or pseudo photos of children.
The 20-year-old, of Dundonald Street, also pleaded not guilty to a charge of possessing indecent images of children with a view to them being distributed or shown.
However, the case was continued for further inquiries after Weir’s incredulous solicitor claimed police had informed him they could not find the images in question.
“There are complications with regard to the images,” defence agent Douglas Williams said.
“The latest information I have from the police is that they have lost them,” he said.
The solicitor claimed that, when he queried the apparent loss, he received a stunning response.
“They asked if it was essential for me to see them before the trial,” Mr Williams revealed.
“You can perhaps imagine what my response to that was.”
At that point Sheriff Charles Macnair interjected, saying, “Well, it cannot go to trial if the images are lost.”
Depute fiscal Brian Robertson admitted hearing of an apparent police blunder had come as news to him.
“Perhaps they thought it would be better if the solicitor informed me of this,” he said.
“The situation is that last week arrangements were made for my friend (Mr Williams) to view the images.
“It would appear this matter has only come to light in the last week.”
Mr Robertson admitted that the images were vital to the viability of the trial.
“Once they are found, my friend will still need to get access to them,” the depute fiscal added.
Sheriff Charles Macnair said he had “no option” but to arrange a further procedural hearing prior to the proposed trial.
“The only thing I can do at the moment is continue the case in the hope that these images can be found,” he commented.
The case was duly continued until June 30, when a further intermediate diet will be held.
When contacted by The Courier, a police spokesman said no evidence had been lost and that a package was being prepared for Weir’s defence team.