Three cases collapse in minutes as courts hit by cutbacks
Furious parents of ‘hit and run’ girl, 14, demand answers
THE family of a teenager injured in a hit and run crash reacted angrily yesterday after a case against the driver was dropped because of a prosecution blunder.
Remarkably, it was one of three dismissed in quick succession at the same court – leading to a stinging rebuke for the Crown Office from a sheriff.
The 14-year-old girl suffered whiplash and severe bruising and a man was later charged with speeding, careless driving and failing to stop.
But when the case called at Perth Sheriff Court last week, it was thrown out because prosecutors failed to bring it quickly enough.
Last night the Scottish Conservatives accused the SNP of creating an ‘intolerable situation’.
Justice spokesman Liam Kerr said: ‘Court staff are dealing with increasing numbers of cases, particularly after the SNP Government began shutting courts.
‘As the number of fiscals has dwindled, they have started taking work home with them. Stress and sickness absence are at an all-time high. I am going to ask the Cabinet Secretary what he is doing to improve this intolerable situation.’
The parents of the girl involved in the hit and run, who cannot be named because of her age, said the system had failed their daughter. Her father said: ‘To say we are disappointed would be an understatement. We cannot believe it – how could they run out of time?’
The schoolgirl was left lying hurt on a busy road close to Perth town centre last August.
James Lauchlan, 85, from Crieff, Perthshire, was charged with driving carelessly and at excessive speed before knocking down and injuring the girl. He then allegedly failed to stop, give his details or report involvement in an accident.
When the case called on Friday before Sheriff Gillian Wade, fiscal depute Matthew Kerr told her: ‘All the charges on the complaint are time-barred. I would ask for the case to be treated as not called.’
Minutes later, Mr Kerr had to apologise over his office’s failure to do any work over a three-month period on a case against a man who had allegedly attacked and injured a woman in March last year. Sheriff Wade pointed out it had been called on three separate occasions and continued without plea.
She said: ‘Sheriff O’Mahoney heard it on the last occasion and said that would be the final continuation. What have the Crown done between then and now?’
The fiscal apologised before admitting that he ‘regrettably’ had no information. Sheriff Wade then promptly dismissed the case.
The scenario was repeated when a case involving a man accused of fashioning a weapon at Perth prison using a razor blade was called.
Asking what had been done since the case was last called in December, the sheriff was told by Mr Kerr he had no information.
Sheriff Wade said: ‘You can’t say, “We haven’t done anything from 21 December to 15 February”, then ask me to grant a warrant. That would be a waste of police time.’
Refusing to continue the case, the sheriff said: ‘It is not acceptable.’
A court source said: ‘People are walking away for no reason other than Crown incompetence, be it lack of manpower or whatever.
‘To lose one case this way would be unfortunate, but to have three in a row is extraordinary.’
A spokesman for the Crown Office and Procurator Fiscal Service said: ‘We will look at whether these cases could have been dealt with differently.’
‘Sickness absence and stress at all-time high’