PROSECUTORS would bring former MP Natalie McGarry back to court if she won her appeal against embezzlement convictions, a court has heard.
Prosecution lawyer Alex Prentice QC told judge Lord Menzies on Thursday that the Crown would retry Ms McGarry for stealing more than £25,000 from pro-Scottish independence groups.
Mr Prentice made the admission during a short procedural hearing at the Court of Criminal Appeal in Edinburgh.
Lawyers acting for the former SNP parliamentarian want appeal judges to quash her conviction. They claim their client - who was jailed at Glasgow Sheriff Court for 18 months in June 2019 - had received “defective representation” from her previous legal team.
READ MORE: Natalie McGarry: the rise and fall of the ex-SNP MP jailed for 18 months
Ms McGarry, of Clarkston, wasn’t present in court and the case called with court officials announcing her as “Natalie Meikle” - she is married to Glasgow Conservative councillor David Meikle.
On Thursday, Mr Prentice asked Lord Menzies to pass an order which would restrict what the press could report about proceedings.
When Lord Menzies asked why, Mr Prentice said he was concerned that reporting of Thursday’s proceeding could “prejudice” future hearings.
He added: “If Ms McGarry is successful with this appeal, the Crown would move for a retrial.”
The former politician was jailed after being convicted of taking cash she wasn’t entitled to from the SNP’s Glasgow Regional Association and Women for Independence.
Some of the money included in the sum embezzled included donations meant for a food bank.
READ MORE: SNP activist: why I helped expose Natalie McGarry for her crimes
She spent the money on rent, a holiday to Spain, transfers of money to her husband and other lifestyle expenses.
McGarry, who was an MP between 2015 and 2017, plead guilty to two charges of embezzlement at Glasgow Sheriff Court.
Passing sentence, Sheriff Crozier told McGarry: “You have fallen very far short of the standards the general public should expect from their elected representatives.
“There is no alternative than a custodial sentence as you have shown no remorse.”
In June 2019, lawyers acting for the accused appeared at the Court of Criminal Appeal to ask judge Lord Turnbull to release her from prison on bail.
Lord Turnbull agreed to grant bail. A judge later found that her appeal should proceed.
On Thursday, defence advocate Claire Mitchell QC told the court that she was acting as junior counsel in the case. She said that top Scots lawyer Gordon Jackson QC would be acting as the main lawyer in the case.
She also told the court that Ms McGarry’s solicitors were continuing to work on preparing the appeal.
Mr Prentice also then withdrew his motion to impose reporting restrictions.
Lord Menzies then continued the case to another procedural hearing which will take place on October 10 2019.
The judge also said the actual appeal will take place shortly before Christmas.
He added: “I understand a hearing has been pencilled in for December 19.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article