Man to stand trial on rape charge again

A MAN whose rape trial collapsed because a juror made a phone call during verdict deliberations is set to stand trial on the charge again.

Alan McDonald, 52, was waiting for the jury to return its verdict at the High Court in Livingston in August.

He had pleaded not guilty to a charge of raping a woman, who cannot be named for legal reasons, at an address in Kirkcaldy earlier this year.

Lawyers in the original prosecution discovered that during the jury’s considerations, a female juror left the room to make a phone call.

While in the jury room she had noticed that she had a missed call on her mobile phone.

She went outside and returned the call, which was to her child’s school.

She had spent 10 to 15 minutes in the corridor speaking to teachers.

The law states that jurors are not supposed to leave their room during deliberations for fear that they could talk to other people who could unfairly influence their decision.

When judge Lady Wise learned that the woman had made the call, she ruled that her actions were a breach of section 99 (5) of the 1995 Criminal Procedure Scotland Act and she decided to acquit Mr McDonald, whose address at the time was given as Perth Prison.

But at the Court of Criminal Appeal in Edinburgh yesterday judges Lord Carloway, Lord Bracadale and Lady Dorrian decided to set aside Lady Wise’s decision.

They ruled that the case should have been deserted — meaning that the Crown can decide to bring Mr McDonald to trial again.

Yesterday prosecution advocate John Scullion argued that Lady-Wise had applied the law incorrectly.

He asked the appeal court judges to rule that the case should have been deserted.

Defence QC Edward Targowski disagreed and argued that Lady Wise had applied the law correctly.

Mr Targowski added: “It is surprising that jurors are allowed mobile phones with them. These phones are taken from them in other jurisdictions.”

Lord Carloway said his fellow judge had been wrong to stop Mr McDonald’s trial.

He added that there was no evidence available to prove that the juror had been subjected to influences which could have affected her decision.

Now prosecutors will tr y Mr McDonald’s on the rape charge again.

They allege that Mr McDonald brandished a knife and placed the blade at the woman’s throat before repeatedly punching and kicking her. It is then alleged that he raped her.