A MAN previously acquitted of killing his mother could be set to face a retrial after her remains were found in East Lothian last year.

The Lord Advocate James Wolffe QC has applied to the High Court for authority under the Double Jeopardy (Scotland) Act 2011 to set aside the acquittal of Sean Flynn and prosecute him again for the murder of Louise Tiffney in 2002.

Ms Tiffney went missing from her home at Dean Path, Edinburgh, in 2002.

Mr Flynn went on trial for her murder in 2005 but was acquitted after the jury at the High Court in Perth returned a not proven verdict.

The 43-year-old’s remains were found by a cyclist off the A198 near Gosford Estate in April last year.

Following a Crown Office and Procurator Fiscal Service review, Police Scotland were instructed to re-investigate Ms Tiffney’s death.

Her family has been advised that the Crown has applied to retry Mr Flynn.

This is the fourth application made by the Lord Advocate under the double jeopardy legislation, which came into force on November 28, 2011, and sets out a number of limited situations where an accused can be retried for a crime for which they were previously acquitted.

The High Court must grant authority for any fresh prosecution under the act.