Farm road car crash trial to begin today

delays: Statement from injured victim to be read out in Polish court

The jury trial of a man accused of drink-driving before an Angus gorge plunge is set to begin today.

Robert Buzalski has been charged with driving dangerously while over the legal drink-drive limit on a dark farm road near Edzell, which he denies.

Passenger Krysztof Birula was paralysed from the neck down after the car they were in left the road at Dalbog Farm in 2013.

Buzalski appeared in front of Sheriff Pino Di Emidio at Forfar Sheriff Court yesterday.

The 36-year-old’s trial was due to begin but the court heard Poland’s legal system made it impossible for Mr Birula to give a witness statement in a manner compatible with Scots law.

An overnight application has been lodged for a prepared statement to be read out in court today, on the basis he cannot attend a Polish courtroom due to his injuries.

Defence agent Brian Bell initially made a motion to adjourn the trial for inquiries into how Mr Birula’s statement could be taken.

Mr Bell said: “My hope is that the Crown would send a police officer to Poland and take a statement.

“I’m very conscious that, if we had evidence from this witness that Mr Buzalski was driving too fast, there would have been an officer over there months ago.

“In my submission, the complainer in this case is entitled to have his evidence heard.”

Depute fiscal Joanne Smith said sending an officer could add months to the legal process, but the Crown “wouldn’t oppose” an application to hear his statement in court today, which would be looked at overnight.

Sheriff Pino Di Emidio said he found it “regrettable” that the trial was taking so long to begin after a “further turn of events”.

He continued consideration of Mr Bell’s motion so that the Crown and defence could prepare a joint minute of evidence based on Mr Birula’s statement.

The indictment alleges Buzalski seriously injured Mr Birula by driving at excessive speed on the Dalbog Farm road when it was dark and raining on August 24 2013, braked sharply and lost control, causing the car to strike the gorge of a bank and fall into a river bed.

His alleged alcohol count was 124 milligrammes, against a legal limit of 80.

The wrecked car lies in the gorge after the late-night accident.