Appeal judges have quashed the stalking convictions of a dad and daughter who allegedly harassed his estranged wife.
Kevin Miller, 52, was given a 34-month jail sentence whilst his child Lauren, 26, was given 280 hours community service after being found guilty in 2019 of harassing estranged partner Linda.
The duo, of Alness, Ross-shire, were convicted following trial at Inverness Sheriff Court.
Jurors returned guilty verdicts against Kevin and Lauren to charges of stalking Linda between May 2017 and April 2019.
Kevin Miller was also convicted of assaulting Linda in 1994 when she returned home from a night out.
Couple’s relationship broke down
During the trial, the jury heard prosecutors say that both Kevin and Lauren acted ‘in concert’ with each other in connection with the stalking allegations.
The expression ‘in concert’ means that the pair acted in a common criminal enterprise.
The jury heard how Kevin and Linda’s relationship broke down and she left the family home.
On occasions, the court heard, Kevin Miller approached her and asked her to return home.
The jury also heard how on one occasion, Lauren Miller dropped off flowers to the property where Linda was staying.
Flowers were then repeatedly sent to the property. One bunch contained balloons and had the message “Linda,we will all do everything to make your life like a fairytale. You can stay home, no work, anything else you wish. You are now the boss at home. You can make all the decisions. You’ll love it.XXXX.”
A miscarriage of justice
Lawyers for the pair believed that they were victims of a miscarriage of justice.
Legal teams went to the Court of Criminal Appeal in Edinburgh to argue there wasn’t enough evidence available to show that they stalked Linda.
The lawyers also argued that the sheriff who heard the case – Sheriff Eilidh Macdonald – should have given jurors more detailed directions on how to apply the law in the case.
They argued that Kevin and Lauren had been unfairly convicted and that they should have their convictions quashed.
In a written judgement issued at the court on Friday, Lord Carloway, Lord Turnbull and Lord Matthews agreed with the submissions made by the defence lawyers.
Lord Turnbull – who gave the judgement wrote: “It follows that it is not in itself a contravention of section 39 of the 2010 Act for a husband or a daughter to contact an estranged wife or mother to proffer apologies, or to seek to persuade her to return home.
“It is plainly not in itself a contravention of section 39 for a daughter to leave, or have flowers delivered at the house of her estranged mother.
“For such conduct to be classed as criminal, the Crown would need to identify a clear basis in the evidence upon which the necessary intention or knowledge was, on their submission established.
Jury returned guilty verdicts after 11 charges dropped
“Thereafter, the jury would require to be satisfied beyond reasonable doubt that the necessary criminal intent or knowledge was in fact established on the basis of that evidence.
“This demonstrates the need for the jury to be instructed as to the importance of considering the evidence available as to intention, or knowledge, and for the jury properly to analyse any such evidence.
“In the circumstances of this case the court is satisfied that the directions given by the trial sheriff to the jury on the issue of concert were inadequate. It is not obvious, even at this stage, what the common criminal purpose alleged against the appellants by the Crown was.
“Given the impression which the court is left with as to the manner in which the jury proceeded, the court is satisfied that the miscarriage of justice extended to the entirety of each charge in respect of each appellant and the convictions returned on each of charges 10 and 14 will be quashed.”
Upheld conviction for assaulting his wife
Kevin and Lauren Miller stood trial on a 14-charge indictment – the allegations included assaults, stalking, abduction, attempting to pervert the course of justice and threatening behaviour.
Eleven charges were dropped before the jury returned guilty verdicts on Kevin Miller’s assault, and two charges of Kevin and Lauren stalking Mrs Miller between May 2017 and April 2019.
The appeal judges upheld Miller’s conviction for assaulting his wife in 1994.
Lord Turnbull and his colleagues concluded there was enough evidence to prove this charge.
However, the appeal court ruled that it would not take any further action given the time that Kevin Miller had spent in custody.