HIGH COURT OF JUSTICIARY
OPINION OF LORD HARDIE
in the cause
HER MAJESTY'S ADVOCATE
ROBERT CAMPBELL, JOHN WALLACE, JOSEPH WRIGHT, KEVIN MICHAEL CONNOLLY, PATRICIA SLAVEN and KIRSTY CAMPBELL
For the Crown: M. Macleod A.D, Eodanable; Crown Agent
First Accused: Nicol, Gilbride; Beltrami & Co, Glasgow
Second accused: Thom, Farrell; B. McConville & Co., Glasgow
Third accused: Quinn, Solicitor Advocate, Houston Solicitor Advocate; Beltrami Berlow, Glasgow
Fourth accused: Crawley Q.C., Divers; McCluskey Solicitors, Glasgow
Fifth accused: Wallace, Solicitor Advocate, Lavelle Solicitor Advocate; Finlayson Wise, Glasgow
Sixth accused: Scullion, Solicitor Advocate, Taylor, Solicitor Advocate; Hall & Haughey, Glasgow
9 August 2004 On 26 July 2004 the accused appeared at Glasgow High Court in respect of an indictment containing the following charges:
"(1) between 4 December 2002 and 29 December 2003, both dates inclusive, at Collina Street and 75 Foresthall Crescent, both Glasgow, Cross Street, 10 High Street, 36 Hazel Place, the Greenside Hotel, Anderson Drive, Leslie and Falkland, all Fife, at Littlehill Golf Club, Auchinairn Road, Sauchiehall Street, The Willow Hotel, Renfrew Street, Tote Bookmakers, Cambridge Street, Central Station, Gordon Street, London Road, Flat 2/2, 90 Lenzie Street, 28 Keppoch Street, The Cairn Public House, Balornock Road, 53 Acredyke Road, Quarrywood Road, The Dairy, 22 Quarrywood Avenue, 52 Brookfield Drive, The Forge Retail Park, Parkhead, Stobhill Hospital, Renfield Street, all Glasgow, in motor vehicles travelling between Glasgow, Liverpool and Manchester, 437 Walton Breck Road, 65 Queens Drive, Liverpool, Priory Hospital, Altringham, Manchester and elsewhere in Glasgow, Fife and the United Kingdom, you ROBERT CAMPBELL, JOHN WALLACE, JOSEPH WRIGHT, KEVIN MICHAEL CONNOLLY, PATRICIA SLAVEN and KIRSTY CAMPBELL were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, including in particular to Dennis James David Carr or McLaughlin, born 6 February 1973, present whereabouts unknown, Peter Vincent Gasparini, 50 Newhaven Road, Edinburgh and David James Laidlaw McPhee, 3B Davids Loan, Bainsford, Falkirk, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b);
you JOHN WALLACE did commit this offence while on bail, having been granted bail on 5 September 2003 at Glasgow Sheriff Court;
(2) on 29 December 2003 at Baird Street Police Office, Glasgow, you JOHN WALLACE did have in your possession a controlled drug, namely Cocaine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, in contravention of Section 5(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 5(2);
you JOHN WALLACE did commit this offence while on bail, having been granted bail on 5 September 2003 at Glasgow Sheriff Court."
"While the method of obtaining evidence may infringe Article 8, the leading of it may none the less not infringe Article 6...A similar distinction is recognised in the common law of Scotland (Lawrie v Muir). The underlying principle is that of fairness."
".. it would usually be wrong to exclude some highly incriminating production in a murder trial merely because it was found by a police officer in the course of a search authorised for a particular purpose or before a proper warrant had been obtained."
If I had required to balance the public interest in the present case against the interests of the accused, I would have concluded that the balance was in favour of the admissibility of the evidence of the detention of the second accused and the discovery of the diamorphine in his possession.