An Angus man accused of injuring a 90-year-old in a bizarre road collision may not face trial after a car to be used in evidence was crushed.
Christopher Cummings Stewart, 32, from Arbroath denies causing a bus shelter to collapse on the late Alexander Martin on the town’s Westway, by striking it in a car on January 14 last year.
Defence agent Nick Whelan argued that his client’s defence had been compromised after the vehicle was scrapped before it could be expertly examined.
Addressing Sheriff Peter Paterson, Mr Whelan said a particular part of the car a track rod was to have been included in evidence. He said that his expert witness could not examine the vehicle as it had been “disposed of.”
“His (the expert) view was that he couldn’t give an opinion on whether the track rod had snapped prior to or post-collision without seeing the vehicle,” said Mr Whelan.
“He wanted to check marks on the underside of the vehicle. I went to my colleague (at the Crown Office) to inquire where the vehicle was being stored, last Wednesday or Thursday, and I was informed the vehicle had been disposed of.”
Mr Whelan added: “I had no idea that it had been disposed of. He (the expert) would’ve been in a position to give evidence had the vehicle been available.”
Depute fiscal Trina Sinclair agreed the car had been destroyed in February last year but the issue had only been raised recently and the Crown had only received Mr Whelan’s minute on the matter that day.
Stewart, of Newton Avenue, Arbroath, was banned from driving pending the outcome of the case, after he admitted being unfit to drive through drink or drugs on the same date.
He denies driving in a dangerous manner by mounting a pavement and driving along it, causing a vehicle to collide with a bus shelter, resulting in it collapsing on a 90-year old man and another man, causing injury to both and damage to a passing vehicle.
Stewart also denies that he continued to drive along the pavement, causing pedestrians to have to take evasive action in order to avoid further collision. Mr Whelan told the court Mr Martin has died since the alleged incident.
Sheriff Paterson set a fresh trial date for August 12 and a debate on whether the matter can proceed will take place on July 16.
A time bar of August 31 was also set, extending the period in which the case has to come back to court.