Pub boss who was accused of deliberately obstructing a CID investigation at his premises has been cleared

Ian Ellis walked free from court after it emerged he'd been prosecuted under the wrong legislation — and 'essential' Crown witnesses were excused from attending his trial.

Ellis had been charged with blocking detectives from entering his Cheers bar on West Stewart Street and ordering staff not to talk to the officers until the end of their shift.

The allegations were described as 'verging on the ridiculous' by defence lawyer Bob Mitchell, who said that the decision to excuse both officers from the trial was 'breathtaking'.

Ellis was prosecuted under a section of licensing law which states that a constable may at any time enter and inspect any public house.

But both officers stated in case papers that their sole purpose was to quiz staff about a separate matter.

Mr Mitchell said: "At 8pm on a Friday night — undoubtedly the busiest possible time — they wanted to take staff away from the jobs."

It also emerged that one of the detectives was given permission to go on holiday after a pre-trial hearing — known as an intermediate diet — had taken place, and the other had been allowed time off before that calling of the case.

But this was never notified to Ellis or his lawyer.

Prosecutor Hazel Emmerson said: "Due to an administration error this was not caught until today.

"It is entirely unsatisfactory."

Solicitor Mr Mitchell said: "It is just breathtaking.

"Mr Ellis is funding his defence in this case privately, his partner and family are in Florida and he did not go with them because of this case."

Ellis was charged three months after police failed in a bid to have licensing chiefs strip him of his drinks permit.

Senior officers branded him 'unfit' to be a landlord and highlighted a catalogue of incidents at Cheers.

Ellis, of Sandbank, Dunoon, was allowed to keep his licence after arguing that he'd been targeted by police after reporting whom he believed to be an off-duty police officer urinating on the the stairs of the premises.

But he was issued with a formal written warning about reports of 'over intoxication' at his pub.

Prosecutor Mrs Emmerson withdrew a motion to adjourn the trial after admitting that a premises inspection 'doesn't appear to have been the purpose of this [CID] visit'.

She said: "I'm prepared to accept a plea of not guilty."

Sheriff Derek Hamilton had told Ellis during the hearing to 'stop slouching' in the dock, stating: "You are not here to watch TV."

The sheriff also rebuked him for standing with his hands in his pockets as he was formally acquitted, telling him to 'have some respect for the court'.