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Scott is the first example of a state appellate court holding that evidence of implicit racial bias in policing establishes a prima facie case of racial discrimination justifying the exclusion of evidence.

That has not stopped critics questioning why charges were dropped after four years in court and after a judge had already ruled that prosecutors had established a prima facie case.

But under the law, to pierce the attorney-client privilege, the government must prove a prima facie case and prove that communications were made to further a fraud or crime.

However bail was refused, with Lady Chief Justice Dame Siobhan Keegan stating she believed a prima facie case had been established.

“If there is a prima facie case of professional misconduct or offense then let authorities expedite an administrative or legal process to address the issue in a fair, transparent and in accordance with the law,” union chair Oyet Patrick Charles said.