An Indian woman who took part in a “sham wedding” to avoid deportation is free to stay in Scotland after the authorities dropped the case against her.
Hem Lata tied the knot with Scot Alasdair Newlands in a ceremony in 2012 but she later confessed in court she had only got married in a fraudulent bid to remain in Britain.
However, after an astonishing 24 separate court hearings costing the taxpayer tens of thousands of pounds prosecutors last week decided to abandon the case.
Now, despite admitting her cynical role as a bogus bride, the 32-year-old has been left without a criminal record and remains in Scotland.
Last night critics said the case highlights the failings of both the justice and immigration systems. Scottish Tory MSP Alex Johnstone said: “Taxpayers are sick and tired of repeatedly funding these laborious courtroom stunts.
“This case makes a mockery of the system and damages people’s faith in Scotland’s ability to deal with situations which, on the face of it, ought to be straightforward.”
When Lata came to Scotland, she was granted a student visa while learning how to teach English as a foreign language. When she failed to complete her course in the allotted time, she applied for special leave to stay but was turned down and faced the prospect of being returned to India.
Perth Sheriff Court heard how the student hatched a plan to find a UK citizen to marry in an attempt to ensure she secured spousal rights to remain in Scotland. Mr Newlands was known to her family but when the pair’s intention to wed was posted, Lata’s name was flagged up on the immigration authority’s computers and an investigation was launched.
The pair married on January 9 2012, with the bride in traditional dress and the groom in Highland attire. But within a few months, officials concluded the marriage was bogus and Lata was charged. Last week, however, prosecutors finally confirmed they are not pursuing the charge against Lata.
Taxpayer Scotland director Eben Wilson said: “Recent events in the Mediterranean make it much more important that our politicians rethink the entire framework of legal proceedings and human rights.”
Lata could not be contacted for comment but a woman thought to be a relative at her former home in Perth said it is believed she remains in Scotland.
A Home Office spokeswoman would not confirm whether Lata is now subject to deportation proceedings.