Perth has become the unlikely scene of an international incident after a Russian diplomat was arrested for drink-driving.
There was fury after Embassy staff member Konstantin Istomin walked free from Perth Sheriff Court after claiming diplomatic immunity.
A deputation from the Russian Consulate in Edinburgh had travelled to the town to negotiate the release following what one police source described as a ”highly unusual situation”.
It also emerged that Perth and Kinross councillor Sandy Miller was contacted by an attache at the consulate on Thursday morning and asked for ”advice” on the situation.
Istomin had been arrested on Wednesday on suspicion of driving under the influence of alcohol in Kinross High Street.
The 30-year-old, who was allegedly more than twice the legal limit, was taken into custody because officers deemed he potentially posed a danger to himself or others.
He was held in police cells in Perth overnight and was listed to appear from custody at the town’s sheriff court on Thursday morning.
Istomin, whose address was given as the Russian Embassy, Edinburgh, was scheduled to face a charge that he had given an alcohol reading of 77 mics the legal limit is 35 mics.
However, he was released after the two men from the Embassy spoke to the procurator fiscal. The two men then took Istomin from the back door of the court building to a waiting BMW before leaving without making comment.
This led Scottish politicians to express fears that diplomatic immunity was being “exploited”.
Mid Scotland and Fife MSP Murdo Fraser said the Russian Embassy must act to ensure there is no repeat of the incident.
“The principle of diplomatic immunity exists for good reason to protect diplomats serving overseas when they might face trumped-up charges,” the Tory politician told The Courier. “It was never intended to protect individuals whose reckless behaviour might be putting lives at risk.
“If the diplomat in question here cannot be prosecuted then the Russian Embassy must take steps to ensure he never again has the opportunity to behave in this manner.”
Scottish Liberal Democrat leader Willie Rennie said it was a “very concerning” incident.
“It is a real worry,” he said. “It raises serious questions about whether the privileges of diplomatic immunity are being exploited.”
The Russian Embassy will be written to and the Deputy Head of Mission will be asked to remind staff of the need to respect UK laws.
The Crown Prosecution Service has issued guidelines for similar cases based on the 1961 Vienna Convention on Diplomatic Relations (VCDR).
The CPS website says: “Immunity is dependent on rank, and ranges from immunity from criminal and civil and administrative jurisdiction to immunity for official acts only. The VCDR obliges diplomats and their families to respect the laws and regulations of the host country.
“Without a waiver, a diplomatic agent, or dependant, may only be detained if deemed likely to harm either themselves or the public.”
Tayside Police would not officially comment on the incident but a source described the incident as “highly unusual”.
A spokesman for the Scottish Government said the case was entirely a matter for Tayside Police and the Crown.An unusual loopholeThe case demonstrates how the unusual loophole can be used to clear people facing often serious allegations.
In 2009 foreign secretary William Hague released details of offences by people with diplomatic immunity in London.
Staff from the Saudi Arabian mission were suspected of human trafficking and sexual assault, while Nigerian staff were accused of actual bodily harm.
A Cameroonian allegedly neglected a young person, while a member of the Pakistani embassy was accused of making threats to kill.
Staff with diplomatic immunity from 10 different embassies were caught drink-driving.
The offences are only alleged because immunity means they could not be proved in a court of law.