Final outcome to this case
Billy and David's Case.
David acquitted and Billy was admonished
The case lasted for 6 days.
On day 5 the procurator gave David & Billy several authorities that he said he may be referring to. Overnight David & Billy researched into these authorities during which time it became apparent that charges 6,7,8 were time barred by about 5 - 6 weeks.
Today they explained this to the judge, also stating that in their opinion the authorities were irrelevant to this case.
There was an adjournment for the PF to check and when we came back the PF agreed, 6,7,8 were time barred. This essentially through most of the PF's case out the window and as it transpired he also had no witnesses for charges 3,4,5 either, reducing the charges to one of possession and one of cultivating. In light of this the Sheriff suggested David & Billy should have a chat with the PF.
The PF offered a deal if Billy pleaded guilty with mitigating circumstances, to cultivation for personal consumption He would drop the other charge against Billy and with draw all charges against David.
There was much discussion over this anong those present with a variety of thoughts and opinion however ultimately this was accepted although it must be said Billy did so reluctantly, he wanted to fight on.
The Sheriff immediately acquitted David.
Billy pleaded guilty with mitigating circumstances (his unreburtted Notice of intent and claim of right was the mitigating circumstances) however the words weren't completely out of his mouth before the Sheriff said of course and I will admonish you.
This kept the unrebutted NOICOR of the record (IMHO)
He then explained to the jury that the crowns case was a mess and that David & Billy had done a great job in setting their defence and he had enjoyed the experience and hoped they had to, dismissing them telling them they could have lunch but that wasn't mandatory.
What an excellent result.