Please find attached most of the documents we have so far in relation to Tony Arnott and Peter Dunn. It is not necessary for you to have sight of Productions 1, 2 and 3. If we go to trial this will, of course, be before a jury in the High Court. Could you please look over the documents and prepare a memorandum containing your opinion on whether we should proceed with all or indeed any of the charges. We have yet to have sight of any documents from the defence, but in providing your opinion, you should take account of what you anticipate they are likely to submit in terms of Section 70A of the Criminal Procedure (Scotland) Act 1995. Taking into account the following statements and interview, prepare a memorandum in which you-
(a)Discuss potential problems of admissibility and of witness competency/compellability relating to the items of evidence contained in the papers. (In respect of admissibility, you should discuss the admissibility or otherwise of hearsay evidence, confession/interview evidence, real evidence, character evidence, identity evidence and expert/opinion evidence.)
(b) In the light of the various burdens and standards of proof relevant to each charge, the requirements of sufficiency and corroboration for each charge, the strength of the evidence and any inferences which can be drawn from it, any rhetorical devices that can be used in the case, plea bargaining, the likely response of the defence to the charges and any other factors which you think may help or hinder us, discuss the likelihood of success for the prosecution and whether the charges should be proceeded with.