During the trial in January 2003, it was announced that the Crown would not be proceeding with the charges against Dick and Lucas.
Advocate depute Alan Turnbull, prosecuting, told the court that he intended to call Dick as a witness against Nat Fraser. The trial was then adjourned with the judge Lord Mackay explaining that there would be a delay before the trial could continue as Fraser's defence team would have a right to interview Dick and Lucas – something which could not be done while the two men were still facing charges. Dick then appeared as a witness for the prosecution and admitted burning and crushing the Ford Fiesta police had been looking for because he feared that it might be linked to the disappearance of Arlene Fraser. He claimed in evidence that Fraser told him he had arranged for his estranged wife to be killed and then disposed of her body by grinding it up and burying it. He denied any involvement at all in the disappearance of Arlene. As the trial progressed the Crown dropped three charges of attempting to defeat the ends of justice against Fraser, leaving him to face the sole charge of
murder "with others unknown". Fraser had lodged a special defence of alibi, claiming he was carrying out deliveries for his fruit and vegetable business on the day his wife vanished, a claim supported by an employee who was with him on the day. On 29 January 2003, Nat Fraser was found guilty of the murder of his wife. Judge Lord Mackay described the 44-year-old as "evil" before sentencing him to life imprisonment, with a recommendation to serve a minimum of 25 years. Fraser collapsed as the judge passed the sentence. His defence team immediately stated an intention to appeal. The case was described as the largest investigation Grampian Police had ever carried out but the absence of a body and any forensic evidence always hampered the inquiry. The appeal against conviction was lodged in December 2003, and in May the following year, the
Court of Criminal Appeal granted leave for him to do so. On 19 October 2005 the
BBC broadcast "Arlene Fraser Murder Trial: The Missing Evidence" which claimed that Dick had lied during the trial. The following year, in March 2006 two inquiries were announced after claims that relevant evidence was not made available to the original trial.
Lord Advocate Colin Boyd stated that it was "a matter of serious concern" that the information had not been given to lawyers for Fraser. A Crown Office statement said "The lord advocate regards it as a matter of serious concern that this evidence was not made available to the defence prior to the trial. For that reason, the area procurator fiscal for Glasgow, Catherine Dyer, has now been asked to conduct a full investigation into this matter." Grampian Police asked the
Association of Chief Police Officers in Scotland (ACPOS) to investigate its handling of relevant information and evidence.That inquiry was to be carried out by a team from
Strathclyde Police, headed by
Deputy Chief Constable Ricky Gray. In May 2006, Fraser was released from prison pending the outcome of his appeal. Shortly after fresh allegations about the case appeared in the press, prompting Arlene's family to call for Fraser to be returned to prison, though this did not happen. The case went to appeal in November 2007 with claims that the prosecution in the original case had withheld evidence, and that police officers had lied. In early December, Fraser was returned to prison pending the outcome of the appeal which was announced on 6 May 2008. The Lord Justice Clerk, Lord Gill, sitting with Lord Osborne and Lord Johnston refused the appeal. As he was led from court Fraser told waiting reporters "The fight will go on, as will the fight to get to the truth." In October of that year, he announced that he intended to apply for leave to appeal to the
Privy Council in London, the hearing to take place in the
High Court in
Edinburgh. Leave to appeal to the Privy Council was refused. A further appeal in November 2009 contended that earlier appeal hearings were not fair under human rights legislation. That appeal too was refused in January 2010. There were no further routes of appeal in the Scottish Courts, and in May 2010, Fraser announced an intention to appeal in the Supreme Court in London having been given special leave to do so. In May 2011, Fraser won his appeal. Allowing it, the Supreme Court judges said in their deliberations: "The Supreme Court unanimously allows the appeal. It remits the case to a differently constituted Appeal Court to consider whether to grant authority for a new prosecution and then, having considered that point, to quash the conviction." The Crown Office immediately said it would seek to bring fresh proceedings against Fraser, whilst in a statement, Arlene Fraser's family said: "Today's decision by the Supreme Court is bitterly disappointing. We accept today's decision. However, we fully support the Crown's intention to seek authority to bring fresh proceedings against Nat Fraser for Arlene's murder." ==Second trial==