In January 2002, he was appointed as a Judge of the Inner House of the Court of Session where he sat principally on appellate business.
He took full-time sick leave from April 2006, and was admitted to the Priory Hospital in Glasgow.
[2] This prompted emergency legislation (the Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006) to be passed through the Scottish Parliament in June.
The trial judge, Lord Clarke, had ruled there was insufficient evidence for the jury to convict and threw the case out.
The Lord Advocate, who is the senior Law Officer in Scotland, had made a statement to the Scottish Parliament, saying she was "disappointed" at this decision.