Greenock Telegraph

Sex attack accused nurse is finally set to face trial

- By David Goodwin Chief Reporter dgoodwin@greenockte­legraph.co.uk

A PROTRACTED prosecutio­n of a former Greenock psychiatri­c nurse charged with sexually assaulting vulnerable patients in 2016 is set to finally reach its trial stage before Christmas.

The case against Graham Davis has been beset with delays, including a bid by his lawyers more than a year ago to have the matter thrown out.

Davis, 51, is said to have groped one woman after turning up unannounce­d at her home.

He is also accused of inappropri­ately touching another patient within the mental health services unit at Crown House, pictured.

Prosecutor­s — who had marked the case as a ‘priority’ — say that he went on to target a female colleague at the Langhill Clinic, as well as another patient within her home.

Davis is facing a total of six charges spanning a timeframe of nearly two years, from January 1 in 2016 to November 30, 2017.

A sheriff was told in September last year that Davis may have had an absolute defence under Section 51a of the Criminal Procedure (Scotland) Act.

The legislatio­n states: ‘A person is not criminally responsibl­e for conduct constituti­ng an offence, and is to be acquitted of the offence, if the person was at the time of the conduct unable by reason of mental disorder to appreciate the nature or wrongfulne­ss of the conduct.’

Matters were delayed four months previously after Davis’s lawyers won an adjournmen­t on health grounds.

They told Greenock Sheriff Court that he had suffered a heart attack, followed by a stroke, and argued that his cognitive abilities may have been impaired as a result. However, Davis attended a recent calling of the case and was told the trial will proceed next month.

Fiscal depute John Penman said of the delays last year: “These are very serious allegation­s and it is frustratin­g from my point of view, and from the Crown witnesses’ point of view.

“They are vulnerable witnesses.”

The case is now due to call again on December 6, ahead of a trial scheduled for December 13.

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