A former Dundee player has been cleared of sexually assaulting a woman after a sheriff deserted the case against him.
Simon Lynch, 41, denied a single charge of attacking the woman at a flat in Glasgow’s Tollcross on February 6 2020.
Canadian-born Lynch – who played for Dundee for a single season in 2005/06 – had been due to face a summary trial, without a jury.
Attempt to defer trial again
The trial at Glasgow Sheriff Court was initially adjourned in November due to the non-attendance of the alleged victim.
Monday’s re-scheduled trial hearing was told the woman had not been cited to come to court by the Crown this week.
Prosecutor Leo McGinn said: “There were two requests made by my office to the police to personally cite her following the last occasion.
“I appreciate this is an unsatisfactory position as the case was adjourned due to her non-attendance on the last occasion.”
Paul McCormick, defending, opposed the Crown motion to adjourn the trial.
The lawyer told the court his client lost his job at a charity since the last calling of the case.
He said: “The entire process has been hanging over my client’s head for 27 months.
“There has been obvious consequences with the loss of his employment.
“He understands the firm stance due to the publicity that reached the press.
“The Crown really ought to have done more to have the witness cited for today.”
Sheriff throws out case
Sheriff Jonathan Guy refused the motion to adjourn the trial to another date.
He said: “It has been more than two years and the Crown are not in a position to proceed as it failed to take the necessary step to cite the witness for this case.
“Given the impact of these proceedings and the Crown’s repeated failings, I have decided the interests of justice don’t support the Crown.
“It is not in the interest of justice for the Crown to be given a third opportunity to do that.”
The case was then deserted simpliciter by the Sheriff.
Police Scotland refused to comment
A spokesperson for the Crown Office and Procurator Fiscal Service said: “We note the decision of the court.”
Playing career – on pitch and stage
Scotland under-21 striker Lynch followed in the footsteps of father Andy, who captained Celtic, by playing at Parkhead between 1999 and 2001.
He made four appearances for the Parkhead side, scoring three times, and moved to Preston North End in a reported £130,000 transfer.
Newly-relegated Dundee brought him back north and he finished top scorer in his single season at Dens Park, with 18 goals in 43 appearances.
He moved on to Australia before finishing his playing career in the lower leagues in Scotland.
After hanging up his boots, Lynch embarked on a music career and even sang at Celtic Park.
He released his debut album in 2011.
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