A man accused of a brutal baseball bat assault in Perth has walked free from court after prosecutors were forced to abandon his trial for an eighth time.
Gordon Banks was formally acquitted of allegations he attacked two men in the city’s Tulloch Road three years ago.
It was alleged Mr Banks repeatedly struck Robert Sinclair with a baseball bat on the body to his severe injury on June 6 2020.
The 55-year-old was also accused of assaulting Callum Sinclair by brandishing a hammer at him and repeatedly punching him on the head and body.
It was alleged Mr Banks pushed Mr Sinclair into a vehicle and gouged his eye, causing him to fall unconscious.
Mr Banks, of Rhynd, was further accused of behaving in a threatening or abusive manner, likely to cause fear or alarm, by shouting, swearing and uttering threats to kill.
It was alleged he sent messages inciting violence over Facebook and blocked a vehicle with his own car, preventing the occupants from driving away
Mr Banks also faced a charge of having an offensive weapon.
He denied all the charges.
Witnesses have ‘disengaged’
Mr Banks was due to go on trial before a jury at Perth Sheriff Court this month.
Sheriff David Hall was told the long-standing case had been plagued with witness issues.
Fiscal depute Lora Apostolova made a motion to adjourn proceedings.
“Unfortunately, two Crown witnesses have disengaged,” she said.
One had “flat-out refused to come to court,” the prosecutor said.
Another appeared to have her phone “turned off completely” and was uncontactable.
Ms Apostolova said they were both “essential” to the Crown case.
Work issues
Solicitor Paul Ralph, defending, said his client first appeared in court on June 9 2020.
“This is the eighth time the trial has called.
“Mr Banks is in employment and works off-shore.
“He has had to arrange his work around all of these trial dates.”
Sheriff Hall said: “In the circumstances, I will refuse the Crown motion.”
Ms Apostolova confirmed the Crown would take no further action.
The sheriff told Mr Banks he had been found not guilty.
“You are acquitted of all charges and free to go,” he said.
For the latest court cases across Tayside and Fife, join our Courts Facebook page.
