A trial had to be adjourned yesterday after a key witness a serving police officer was unable to attend court as he had been badly injured while on holiday in America.
Dundee Sheriff Court was told PC Sean O’Neill had suffered serious injuries and had to be hospitalised in Florida.
It is understood he has since been released from hospital and is back home in Fife. However, he is still not fit to attend court.
PC O’Neill was due to give evidence at the trial of Cupar man Michael Gracie, 51, of New Cottages, Springfield, who is accused of assaulting Dundee student Samantha-Jo Thorpe on December 29 last year at his home.
Gracie denies punching her on the head to her injury.
Abertay University student Ms Thorpe was later found dead at her student accommodation in Dundee’s Parker Street flats.
Sheriff Richard McFarlane was told there was a joint motion to adjourn the trial as PC O’Neill’s evidence was essential to both the crown and the defence.
Solicitor Katrina Clark, for Gracie, told the court: “He is unwell and is unable to attend court today.
“I have had discussions with the Crown over whether it would be possible for the trial to be part-heard today. However, we are both of the opinion that it would be preferable to adjourn it to a suitable date.”
Depute fiscal Sue Ruta said: “Constable Sean O’Neill had an accident while on holiday in Florida and had to be hospitalised.
“He is still off sick. We did have a discussion about the trial being part-heard but due to the nature of this case, including PC O’Neill’s injuries and the Commonwealth Games (police officers from across Scotland being seconded to Glasgow during the games) we both feel it would be preferable to hear the case in September.
“We have identified a date for September 12, with an intermediate diet in July.”
Sheriff McFarlane told Gracie: “You were no doubt looking for some certainty today but having maintained your plea of not guilty, the Crown have run into serious difficulties with witnesses.
“For good reason, I have no other option but to discharge the trial diet and fix new diets. I can only regret the delay in advancing this matter but certain events are outwith the control of the court.”
The sheriff agreed to continue Gracie’s bail.