Locked in jail, the wife who refused to give evidence against husband
A WOMAN whose husband allegedly attacked her at home was jailed after her refusal to answer questions led to his trial collapsing. Mother-of-two Donna Kiddie sobbed ‘Oh no, I have babies’ as she was locked up for 14 days for contempt of court after her husband walked free.
Jonathan Kiddie, a partner in a law firm, was charged with domestic assault after allegations that he struck the 40-year-old on the head, causing her to fall and become injured.
Biology teacher Mrs Kiddie gave a statement to police about the alleged incident one evening in May this year and her 42-year-old husband was charged with assault at their home in Dalry, Ayrshire.
But a court heard she later sent a number of emails to the procurator fiscal’s office in an attempt to have the prosecution dropped.
She claimed to have been in a ‘collision’ and, in one message, wrote: do appreciate and support the zero-tolerance approach to domestic assault.’
After being sworn into the witness box at Kilmarnock Sheriff Court last week, Mrs Kiddie became vague in her recollections. She was challenged by depute fiscal Vicky McMillan, prosecuting, about the emails in which she stated clearly that her husband, principal solicitor at Renfrewshire Law Centre, had attacked her.
Mrs Kiddie, who works at St Ninian’s High School in Giffnock, East Renfrewshire, claimed what she had been discussing was the charges rather than any actual incident.
Sheriff Elizabeth McFarlane warned her about prevaricating – a contempt of court – but Mrs Kiddie would still not co-operate.
When Miss McMillan said she was no longer seeking a conviction, Sheriff McFarlane found Mr Kiddie not guilty and told him he was free to go.
But following the collapse of the case last Monday, the sheriff remanded Mrs Kiddie in custody overnight in the cells while she considered the matter of contempt.
The following day, as Mrs Kiddie appeared in the dock, defence lawyer David Simpson told the sheriff: ‘She came to court to tell the truth.
‘A certain amount of drink had been taken and Mrs Kiddie tells me that is very much part of the family dynamic. She understands the ramifications of not telling the truth to the court.’
Sheriff McFarlane said what concerned her was that Mrs Kiddie had been shown a copy of an incriminating email sent within two days of the alleged attack and she ‘skirted around it’.
The sheriff added: ‘She is an intelligent woman, she is a biology teacher at a secondary school who is clever enough to answer.’ Mrs Kiddie had ‘continued in her prevarication’ and had been ‘trying to be clever’, the sheriff said, adding: ‘I’m find‘I ing her guilty of contempt of court for prevarication.’
Sheriff McFarlane told Mrs Kiddie she took a ‘dim view’ of what she had done, adding: ‘The prosecution failed because you failed to answer questions asked by the prosecution. You are going to prison…’
Mrs Kiddie interrupted to sob: ‘Oh, no, I have babies.’ Sheriff McFarlane continued: ‘Oh yes, for 14 days.’
Mrs Kiddie spent four nights in custody before being freed after her solicitor lodged an appeal against her conviction.
She and her husband yesterday declined to comment while the legal process is ongoing. It is understood the contempt finding could be challenged and the sentence appealed at the High Court.
The decision to jail Mrs Kiddie has sparked concern among legal experts, women’s groups and politicians.
Leading QC Derek Ogg said: ‘I can’t comment on the specifics but when a witness is obviously so conflicted in their position, what on earth is wrong with the court simply accepting that and recognising the reality?
‘To use contempt of court is an antiquated response to the sort of huge psychological pressure these cases bring on everyone concerned.’
Scottish Labour justice spokesman Claire Baker said: ‘Serious questions have to be asked about whether this decision was justified and proportionate.’
‘Clever enough to answer’