Applicant MJ faced 15 charges of sexual offending, focusing on charge 11, which involved alleged conduct before his marriage to the complainer. He sought permission to introduce evidence about their sexual relationship prior to marriage, arguing that it could clarify the nature of their relationship. Lord Fairley noted that questions about relationship status, such as cohabitation or marriage, do not imply bad character and are not restricted by section 274 of the Criminal Procedure (Scotland) Act 1995.

He emphasised the need to avoid irrelevant questioning while ensuring the jury has adequate context. Ultimately, Lord Fairley concluded that the application aimed only to establish the general nature of their pre-marital relationship and did not engage section 274. As a result, the application to admit the evidence was refused.