A SHERIFF told a jury today to ignore media reports as he sent Natalie McGarry’s jury out for deliberations.
Sheriff Tom Hughes spoke to jurors for over 90 minutes at the end of the six week trial at Glasgow Sheriff Court.
McGarry, 41, who represented Glasgow East for the SNP, allegedly stole more than 25,000 from two organisations advocating for Scottish independence between April 2013 and August 2015.
McGarry is said to have embezzled £21,000 while treasurer for Women for Independence (WFI) between April 26, 2013 and November 30, 2015.
A second charge states McGarry took £4,661 between April 9, 2014 and August 10, 2015 when she was Treasurer, Secretary and Convenor of Glasgow Regional Association (GRA) of the SNP.
McGarry - of Clarkston, East Renfrewshire - denies the two charges.
Sheriff Hughes said in his charge: “You must put out your mind what you have read in the past in newspapers or seen on TV on circumstances which gave rise to proceedings.
“I’m not saying the reporting on the trial is misleading but sitting on a jury you have heard evidence in this court - proceed on your own recollection made available to you.
“Consider what’s been placed before you - anything you think you know about the accused from the media is totally irrelevant to the task you now face.”
Sheriff Hughes earlier set out the witnesses that appeared in the trial and what they gave evidence about.
Examples the sheriff included was: “Jeane Freeman gave information about WFI and how it was set up in operation, access to accounts, decisions made to report the matter to the police, reasons that took place and that’s for you to consider.
“You heard from Elizabeth Young about her late involvement and her attempts by her to get information and establish a report to the organisation about the finances.
“You heard about Alexander Belic about taking his role as treasurer [of GRA] from the accused and the takeover process.”
The sheriff then outlined the goal of both sides.
He said: “The Crown claim you can conclude that the accused was involved in the commission of these crimes.
“The Crown believe they have proved this case beyond reasonable doubt but the defence equally don’t draw such conclusions and think she should be acquitted.”
Sheriff Hughes also touched on McGarry’s evidence which he stated she did not have to give as an accused person.
He said: “She does not need to corroborate.
“If her evidence left you with a doubt, you acquit her of the charge.
“You heard her give evidence over a number of days, you were noting it and it’s for you to recollect what she said.
“Even if you don’t completely believe her but left with a reasonable doubt you must acquit.”
The sheriff also directed the jury not to make anything of McGarry’s “No comment” police interview.
Sheriff Hughes outlined to the jury what they need to compare the evidence against in order to convict McGarry of embezzlement.
He said: “The accused was in a permitted position with another’s money or property.
“She was bound to account to the owner about what she did with it.
“She appropriated it for her own purposes and made unauthorised use of it.
“The appropriation was dishonest carried out in bad faith or some other corrupt motive.”
The sheriff added that prosecutor Alistair Mitchell had substantially met the criteria but it is up to the jury whether it was “proved to your satisfaction.”
He ended his charge stating: “Your decision is important for everyone involved, please give the matter your full careful attention - I will ask you to retire.”
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