News In Focus
2 September 2010
Missing sheriff causes case to fall
A criminal trial fell yesterday because of the absence of the sheriff – for the second time.
Ian Duguid QC, a part time sheriff, was due to hear the second day of the trial of Scott McMurray at Paisley Sheriff Court, on charges of drinking in a public place, breach of the peace and assaulting a police officer. However he was engaged in a case in the High Court and failed to attend.
It was the second occasion on which he had failed to appear in court to hear the case. On the previous date, 9 July, an adjournment was granted, but when the Crown moved yesterday for a further continuation, defence agent Paul Lynch objected on the basis that it would be unfair to his client.
Sheriff Duguid heard the first day's evidence in the case four months ago.
Sheriff Colin Pettigrew said he had no hesitation in refusing the Crown motion. As a result the case fell and cannot be brought again.