Facingjailafter sleepinginforcourt

A sleeping disorder caused a vital prosecution witness to miss the trial of a man and a woman accused of flying a drone carrying a mobile phone into Perth Prison.

Now 21-year-old Callum Doig has been warned he could face time behind bars if he is found in contempt of court.

Thirty-two-year-old Philip Moreton and Cheyrell Davie (37) denied that on September 18, 2016, they attached a mobile phone to the drone and attempted to fly the device into the Edinburgh Road prison grounds.

They were to have faced trial at Perth Sheriff Court on June 19 but that was put off to August 14 and a warrant was issued for Doig’s arrest.

A further preliminary hearing was set for July 26 - and he was told to turn up then. But again he was a no-show.

Solicitor Jamie Baxter told the court this week that his client had intended to give evidence.

But he had a“number of issues,” including sleep apnea.

“He stayed up the night before he was due to attend court,”explained the lawyer.

“He was dressed for court but fell asleep between 8 and 9am and didn’t wake up until 5-5.30pm.”

He subsequently handed himself in to police earlier this week and appeared from custody on Wednesday.

Depute fiscal Robbie Brown asked that the accused be bailed to appear in court next Monday to ensure he would give evidence at the trial the next day.

Mr Brown described him as“a very important witness.”

Releasing him on bail meantime, Sheriff Gillian Wade told Doig:“It’s a very serious matter when a trial has to go off when a witness doesn’t turn up. “It can be punished by custody.” She told him that if necessary he should get somebody to make sure he was awake and ready to attend court both on Monday and Tuesday.

She continued the question of his contempt of court until August 13.

Lawyers for the two accused, both of Glackburn Farm, Glen Prosen, Angus, were told previously there had been “significant progress”made in the preparations for the trial and a joint minute, agreeing evidence, was being drawn up.