The collapse of jury proceedings over an alleged attack during a Christian Traveller event in Angus has been slammed as an “unmitigated shambles”.
The Light and Life Gypsy Church arrived at Montrose Golf Links in May last year and announced it was to hold a Christian convention beside the tees, until Angus Council officers moved the 50-caravan encampment on.
But the celebration began with an incident at the nearby Light and Life Missions Church, during which a man was severely injured.
William Macdonald from Fife appeared at Forfar Sheriff Court on Thursday, due to stand trial over two alleged assaults in the Northesk Road church on May 14.
The court heard the fiscals and police had been on a fruitless three-month search for witnesses after a “gentleman’s agreement” was made, where the complainers promised they would turn up over the “Travelling community matter”.
But Sheriff Gregor Murray was told the most recent attempt by Police Scotland – including CID officers – to serve a warrant on the Stewarts was met with the news they were in Oban for a family event and “wouldn’t be back for some time”.
Depute fiscal Susan Ruta told Sheriff Murray “every effort was made” to cite the witnesses, who appeared to have been “avoiding” authorities.
She added: “Efforts have been made to contact them and the father of the witnesses is now refusing to answer his phone.”
The fiscal made a motion to continue the jury trial – the only one scheduled in Forfar for the week – for a third time, which was opposed by solicitor Lynne Sturrock.
She said: “Mr Macdonald attends today for the 10th time on this case.
“The interest of the accused must be weighed up as well and … I would oppose my friend’s motion.”
Sheriff Murray had previously told the court he had “extreme disquiet” over proceedings, and the amount of time taken up by a single-case assize.
He said: “I must try to do justice to a situation that has become, frankly, a confused mess.
“Prior to August it is clear the Crown thought they would come along, but they had not been cited.
“I do not dispute that every attempt has been made to cite both witnesses
“None of the blame for this can be laid at the door of the accused.
“In these circumstances it seems to me the scales tip in Mr McDonald’s favour and I refuse the motion.”
As a result of the collapse McDonald walked free.
Sheriff Murray previously said: “It is the Crown’s prerogative to use up any assize as it sees fit in the pursuit of justice.
“But I am very clearly expressing my disquiet that potential jurors have been inconvenienced, Mr Macdonald has been inconvenienced, and the administration of justice has been inconvenienced.”
North East MSP Alex Johnstone said lessons must be learned from the episode.
“By any stretch of the imagination, this is an unmitigated shambles, that makes a mockery of the justice system,” he said.
“Talk of some kind of Dickensian ‘gentleman’s agreement’ in a 21st Century court case might be deemed naive by some people.
“How much court time and resource has this taken up, when we continually hear concerns about the effects of court closures?”
“I believe that this situation needs further investigation, and the timeline of events must be examined and lessons learned.”
Mr Macdonald, of Haughgate Avenue, Leven denied assaulting a 15-year-old boy at Lochside Church, Montrose on May 14 last year by repeatedly punching him on the body, and repeatedly punching John Stewart to his severe injury and permanent impairment.
He further denied causing a breach of the peace by threatening to kill both witnesses and damaging property at the same location and time.
A Crown Office spokesman said: “We note the comments of the Sheriff in this case.
“Essential witnesses could not be traced despite the efforts of the Crown and Police Scotland.”
