Witnesses sent to the cells

TEN WITNESSES at a Dundee trial, including a disabled woman awaiting a double hip operation and the young mum of a six-month-old baby, were held in the cells yesterday on the orders of Sheriff Tom Hughes.

He sent five people downstairs yesterday, three for turning up late to court, one after being warned about his evidence and another man who was arrested at home in Perth and brought to court by police in the afternoon.

They joined another five witnesses who had failed to appear at the trial last week and had been brought to court yesterday on warrants granted by the sheriff.

Court insiders said they had never seen anything like it, one saying: “This must be a record for Dundee Sheriff Court.”

Another warned: “This is what happens when you move outside cases to Dundee. Some witnesses just won’t travel.”

The 10 Crown witnesses, all from the Perth area, had been cited to give evidence at the jury trial of Perth man Craig Scott Gibson, who was accused of 10 charges including assault to severe injury and permanent disfigurement.

It is expected that nine of the witnesses will be dealt with by Sheriff Hughes on the matter of contempt of court at the end of the trial. The bizarre situation saw the jury held in their room in the morning while attempts were made to trace the missing witnesses.

Once they arrived each one was sent downstairs by the sheriff until they were seen by their solicitors, prompting a flood of tears from one of them, young mum Chelsea Kerrigan.

The case called again in the afternoon when disabled woman Elizabeth Klein, who had arrived at court 20 minutes late after missing her bus from Perth, was given a warning by the sheriff but he made no further order.

Solicitor Aneka Jethwa told the sheriff that Ms Klein had attended timeously on several previous occasions ready to give evidence.

“She is on very strong painkillers and was in a great deal of pain. She was unable to make it to the bus on time and she got the next bus but didn’t arrive until 10.20am,” the solicitor said.

Sheriff Hughes told Ms Klein, “We had jurors stuck in a room for half an hour because witnesses didn’t turn up on time.”

He warned her that although he would make no further order she should ensure she was on time for the court starting at 10am today.

Gillian Allardyce, solicitor for Chelsea Kerrigan, said the young mum had a sixmonth-old baby but had childcare problems which made her late. She had also been previously attending on time, she added.

Sheriff Hughes told Ms Kerrigan: “Hopefully that’s a lesson to you.” He continued consideration of contempt of court, ordaining her to appear at court before 10am today.

He also ordained another latecomer, Murray Christie, while John Madden, who gave his evidence in the trial yesterday, was remanded in custody until the end of the trial pending contempt of court issues.

Andrew Kelly, of Crieff, who was brought to Dundee by officers after failing to show in the morning, told the sheriff he had received a letter telling him he was not required, which was why neither he nor his solicitor was present.

The sheriff told him to be at court at 10am today. After telling him he would struggle to make that time as he lived in Crieff, the sheriff said “I’ll help you”, and remanded Kelly in custody.

Thomas Cuthbertson, Lynne Stirling, Barry Pearson, William O’donnell and Shaun Brown all failed to appear last week and have been remanded in custody until the end of the trial.

Gibson denies that between October 1 and 31 last year, at Tesco Metro, South Street, Perth, he assaulted and robbed Thomas Cowan and possessed a knife; on November 12 in High Street, Perth, he stole controlled drugs from John Scott Madden, assaulted Mr Madden and attempted to strike him with a knife, and possessed a knife.

He also denies that on the same date at 16 Pomarium Flats in Perth he stole a mobile telephone and on the following day, in Lickley Street, Perth, he assaulted and robbed Murray Christie; on November 13, he assaulted a male in County Place by stabbing him with a knife on the body to his severe injury and permanent disfigurement, and stole a mobile phone at 21 King Street, Perth.

He also denies that on November 14, in St Catherine Square, Perth, he possessed a knife.

The trial continues.

Witnesses were held in the cells at Dundee Sheriff Court.