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Woman warned for threatening protected witness in Cupar boyfriend’s case

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A young mother was warned she could have been jailed for some time for threatening a vulnerable witness in a jury trial.

Gemma McHugh (21) told the woman, who was the victim in the case and about to give evidence, that something would happen to her if the accused, McHugh’s boyfriend, was found guilty.

The incident occurred just metres away from Cupar Sheriff Court, where the trial was being heard.

In the same court room, McHugh, who has a four-year-old child, was told by Sheriff Charles Macnair that threats to witnesses can result in prison sentences.

McHugh, of Orchardgate, Cupar, admitted acting in a disorderly manner, threatening lieges and breaching the peace in St Catherine Street on February 2.

Sheriff Macnair pointed out the victim had just been granted vulnerable witness status, allowing her to give evidence against McHugh’s boyfriend under special protection.

He told McHugh, “I don’t know whether you knew that but you certainly knew she was a witness in a jury trial in which your boyfriend was the accused.

“You proceeded to threaten her that something would happen to her if he was convicted. Happily, this does not seem to have put her off giving evidence.

“When someone connected with an accused in a trial makes threats against a witness in any trial, particularly a jury trial, it is an extremely serious offence and one which would fully justify a lengthy custodial sentence.”

McHugh’s solicitor Hilary Eldridge said that her client had failed to appreciate how serious her actions were.

She described her as relatively inexperienced and immature and said she was having to learn how to control her impulsive behaviour.

McHugh has previous convictions for assault and vandalism. Sheriff Macnair told her he had taken into account her child, her personal circumstances and her limited criminal record in deciding to impose a community payback order instead of a prison sentence.

He added, “This was a case where you certainly had anger management problems. It would appear from your record that that is nothing new.”

The year-long order will require her to perform 225 hours of unpaid work and be of good behaviour and under supervision for 12 months.