Complainer AB alleged that Paul Cooney, a former teacher, committed lewd and indecent acts against her from 1977 to 1980. The case faced complications due to the Lord Advocate’s prior renunciation of the right to prosecute, which led to a plea in bar of trial being upheld.

The court considered whether exceptional circumstances existed to allow the prosecution despite this renunciation. Counsel for AB argued that the renunciation violated her rights under the European Convention on Human Rights (ECHR), but the court found insufficient evidence to support this claim. Lady Dorrian emphasised that the complainer did not provide adequate information regarding the reasons behind the 1992 decision. Ultimately, the court refused to pass the bill, concluding that there was no failure in the investigation process warranting a prosecution.