The Note

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In the sterile hum of the Crown Office in Edinburgh's Chambers Street, Advocate Depute David Maclean sat at his desk, his fingers running across the pages of the case file. The accused, a man named Robert King, had been charged with the assault of his business partner after a heated dispute over finances. The case had been handed to David weeks earlier, and on the surface, it seemed straightforward. The key witness—King's business partner—had given testimony that was damning enough to lead to a conviction.

But that was before David stumbled upon the note.

It had come up during a routine review of the police reports. A stray reference, buried in the middle of an officer's interview notes, had caught his eye. A document—one that detailed a conversation between a witness and the police—seemed to contradict the statement that had become the cornerstone of the prosecution's case. The witness, in an unguarded moment, had suggested that King had not, in fact, been the aggressor during the fight. Instead, there had been mutual provocation, which could cast reasonable doubt on the charge.

David's pen hovered over the file as he read and re-read the reference. The police had not included the document in the material handed over to COPFS. No one in the Crown Office seemed to be aware of its existence—except him.

The weight of the decision pressed on him like a stone. If he requested the document, it could derail the entire case. It would undermine the testimony of the witness and potentially clear Robert King of the charges. But if he ignored it, it might never come to light. The police clearly hadn't prioritised it, and no one else would know it existed.

He sighed and closed the file, leaning back in his chair. A knock on the door interrupted his thoughts.

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