East Lothian firearms accused walks free from court after report wrangle

Rana Khan, from Athelstaneford, was facing the serious allegation when he appeared for trial at Edinburgh Sheriff Court.

Mr Khan was also accused of failing to inform police he had lost his firearm certificate which had been granted to him in March 2017.

The 63-year-old accused denied the three charges and appeared for trial in front of Sheriff Adrian Cottam but was released without conviction because of a paperwork wrangle.

When the case called the Crown asked for an adjournment due to the firearms report not being disclosed to the defence.

Procurator Fiscal Depute Alan Morrison said the Crown “had to hold its hand up as it has failed to meet its obligations” by not providing the report to the defence lawyer Mary Moultrie.

Mr Morrison added “there is absolutely no explanation” as to why that had happened and moved to adjourn the trial as the Crown were “not in a position to proceed”.

Ms Moultrie, defending, said she opposed the motion stating the case had previously been adjourned for the same reason.

The court was told Mr Khan no longer has the firearm or the ammunition in his possession after they had been confiscated following his arrest.

Sheriff Cottam said the Crown were guilty of “simple failings” in the case and Mr Khan was “helped by the fact he no longer held the firearm or the certificate”.

The sheriff declined the Crown motion to adjourn and the case against Mr Khan was deserted and he walked free from the dock.

The sheriff said: “There is not too much prejudice to the public interest and the case will be brought to an end today and will be deserted simplicitor.

“There is no conviction and that is the matter over.”

Mr Khan was alleged to have failed to securely store a firearm and ammunition at his home address on August 9 last year.

He was also alleged to have failed to report his lost his firearm certificate on the same date.

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