The Sunday Post (Newcastle)

Witness Marion was called to court four times in three years

- By Billy Boyle TAYSIDE SOLICITOR

FORMER traffic warden Marion McClintock knows exactly how slow the wheels of justice turn – she spent nearly three years waiting to give evidence in a public order case.

Mother-of-one Marion (pictured right) was on her rounds in Glasgow city centre when she spotted a dog off its lead roaming in and out of traffic.

Realising there could be an accident, dog lover Marion got a passer-by to guard the frightened pet while she went in search of the owner, who was in a basement tailor’s shop.

Rather than thank her, it was alleged the middle-aged man exploded with rage and began hurling foul-mouthed insults at Marion and the kind passer-by.

Shocked Marion, 44, called for police support – and the man was arrested for a breach of the peace.

That was July 2013 but the case was only resolved in March this year after Marion was called to court on four separate occasions to give evidence.

Each time the case was postponed, with one of the delays caused by the accused not showing up.

Marion, from Bishopbrig­gs, told The Sunday Post: “It’s your public duty to be a witness if you see a crime happening – but the way witnesses are treated is appalling.

“It’s really intimidati­ng and it hangs over you like a cloud. You spend days on end thinking about it and worrying about it. It preys on your mind all the time.

“One of the times I went to court I had to sit in the witness room all day – and then they just turned up at 4pm and said: ‘Sorry, the accused didn’t show up.’

“When I finally did get to give my evidence, the man sat there staring at me. I felt it was very intimidati­ng.”

The man, who’d insisted on his right to a trial, was found not guilty.

Marion said: “The whole legal system needs to be reviewed so that the needs of witnesses to crimes and victims of crime can be looked after – otherwise people are going to stop coming forward.”

I’VE worked as a solicitor for more than 30 years.

I know there are just far too many trials being set down now, and we know they don’t have a hope of all being heard.

You now see witnesses, who are often already unsure about going to court, getting fed up with the delays and walking out.

For most people it’s a big deal going to court, whether they are a victim, an accused, witness or a juror. When they are told the trial’s not happening then it undermines our justice system.

I know if I walk in the courthouse at 10 am there’s usually little chance of getting started before 11.30 am.

You get caught in this administra­tive mess and you know it’s wasting your time, the witnesses’ time and eating into the trials which are all ready to go.

It would be nice if I could criticise one department or one person but I know the fiscals have impossible workloads and the sheriffs are trying to make the best of a bad situation, as are the defence agents.

A big part of the problem is the fiscals don’t have as much discretion as they used to. They are forced to prosecute cases they know are not going to go the distance, but cases have to be presented regardless.

They say the court closures have nothing to do with it but there’s increased demand and fewer resources. The closure of courts in Arbroath and Cupar definitely played a part in Dundee

becoming more busy.

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