News In Focus
3 April 2009
Lord Justice General criticises jailing of rape witness
The jailing of a woman who fled from the witness box while giving evidence in a rape trial has been criticised by the Lord Justice General.
Ann Robertson, 43, spent a night in police cells after becoming too upset to complete her evidence against the uncle she claimed raped her.
She made a complaint about the actions of temporary judge Roger Craik QC, who ordered her detention.
Giving his ruling, Lord Hamilton said the decision to detain her in January was "unnecessary" and "disproportionate".
George Cummings, 69, from Grangemouth, was later jailed for three and a half years at the High Court in Edinburgh for sexually abusing two of his nieces in the 1970s.
Ms Robertson, who decided to give up her right to anonymity, alleged she was raped by Cummings when she was 12 years old, although that rape charge was eventually dropped.
While giving her evidence, Ms Robertson was said to appear nervous and spoke so quietly it was difficult to hear her. She refused to answer certain questions and left the witness box twice.
After returning to give evidence, she still seemed distressed and the judge ordered that she be detained overnight and a medical examination should take place to decide whether she was fit to continue testifying. He was also concerned that if Ms Robertson left the court she might not return to complete her evidence.
The witness was then held at St Leonard's police station in Edinburgh overnight before she returned to court.
Lord Hamilton said the trial judge had been put in a difficult position but he had been advised that his action was disproportionate. No further action would be taken.