The circumstances which forced two trials to be adjourned on Thursday are an indication of the problems ahead for Dundee Sheriff Court once court closures take effect, a senior sheriff has warned.
Despite two summary trials courts being in action, pressure of business meant two trials in Court Two were unable to start before 3.30pm.
Both were adjourned to later dates and Sheriff Richard Davidson has expressed his fears over future problems for staff at Dundee after more than half an hour was then spent finding a suitable date for a trial to be rescheduled.
The sheriff’s comments came when the trial of postgraduate student Nadeem Mughal, 29, of Mains Loan, who had been accused of three charges of assaulting two men and one of breach of the peace, was called.
He had denied all charges. However, other trials taking place meant his trial had still not started by 3pm.
Once it was called, both the Crown and the defence agreed it would not be in the interests of justice to start the trial due to the potential lengthy gap between any evidence heard and the next appearance.
Sheriff Davidson granted a motion to adjourn the trial due to lack of court time.
Granting Mughal bail, he said: “This is an indication of the difficulties that lie ahead if we have to take on additional business when we can’t cope with the business we already have.
“It is now nearing 3.30pm and two trials have still not started. The difficulties in finding such available dates is another indication of how difficult it is for administration staff.
“It is the fault of the administration of the court, not anyone in particular, that we don’t have the resources to go ahead with this trial today.”
He adjourned the trial to the agreed date of May 22 after hearing Mughal was due to complete his thesis, for which solicitor advocate Jim Laverty said he has already been granted an extension due to the case and faces a final examination on in mid-May.
The Scottish Courts Service would mean Dundee Sheriff Court taking on the business of Cupar Sheriff Court.
Fears have already been expressed by lawyers that in addition to causing extra pressure on the Dundee court administration, the closure will mean witnesses could be forced to travel to court alongside accused persons.
Solicitors also fear their clients will be unable to afford bus or train fares to Dundee and may have warrants granted for late or non-appearance in court.
Cupar Sheriff Court is scheduled to close in May next year if the Scottish Parliament rubber-stamps the proposals by the Scottish Courts Service.
The death knell was all but sounded for the future of Cupar, Arbroath and Stonehaven sheriff courts a fortnight ago when proposals from the Scottish Court Service to change the future structure of Scotland’s courts were accepted by the Scottish Government.
The convener of the Fife and Forth Valley Community Justice Authority, Cupar councillor Margaret Kennedy, has described the decision as “short-sighted”.
Forfar Sheriff Court will handle Arbroath’s business while Stonehaven’s operations will transfer to Aberdeen.