A sheriff has rejected a plea to have an 18-month-old assault case thrown out.
Sheriff Pino Di Emidio at Forfar rejected submissions by solicitors for three men to have their case dropped because of the length of time it was taking to come trial.
John Starkey, 25, of Kinloss Barracks, Elgin; Mark MacEachen, 26, of Dalkeith, Midlothian; and 25-year-old Dale Cruickshank, of Leonard Street, Arbroath; all deny assaulting another male on October 12 2014 at West Port, Arbroath, by repeatedly pushing him on the body and repeatedly punching him on the head and body, causing him to fall into a window to his injury.
They further deny punching another male repeatedly on the head to his injury.
Solicitors opposed a Crown motion to postpone the trial and set another date.
Starkey’s agent said his client had initially appeared on petition in October 2014 before the complaint against the trio had been reduced to summary level.
The case had been due to go to trial last December, but could not be heard, and Wednesday’s scheduled proceedings could also not take place.
The solicitor said: “He has been in the army for eight years and has attended court with a senior officer, which is normal procedure.
“Regrettably, he wasn’t advised that this latest calling of the case would be adjourned and is extremely disappointed.
“There may be consequences for his army career in the event of a conviction and this case hanging over him has caused considerable concern. That includes the possibility of a dishonourable discharge.”
“He has no previous convictions and has never been in any trouble before.”
Solicitors for the others accused presented similar opposition but Sheriff Di Emidio said there had been only one prior trial diet.
“Early diets can be fixed at which a priority can be ascribed to this case,” he said.
The matter will call again on May 3.