John Wraith (67), the first person to be charged with smoking in an enclosed public place contrary to the Smoking Health and Social Care (Scotland) Act 2005, was found not guilty on 15 February 2008 after a trial before Sheriff Graeme Buchanan at Aberdeen Sheriff Court.  Sheriff Buchanan said there must have been untruths in the witness evidence heard by him but that he was most unhappy with the testimony of the person who claimed to have seen Mr Wraith with lit fag in hand in the Burnett Arms Hotel, Kemnay: the sheriff described that evidence as shifty