A sheriff has called for staff in the procurator fiscal’s office and at police HQ to be sacked after another trial at Dundee Sheriff Court had to be postponed due to an essential witness not being cited.
After being told the female witness was not available for the second day in a row, despite instructions from the depute fiscal to the reporting police officer to make arrangements for that, Sheriff Richard Davidson told the fiscal: “Between the administration in your office and in the police office, some P45s are required somewhere along the line.”
The sheriff’s comments came as more than 30 police officers were kept hanging around the courts waiting to give evidence at two possible jury trials, which a court source claimed there was “never any chance” of happening.
Sheriff Davidson told depute fiscal Trina Sinclair he was not aiming any comments at her personally after she told him she had made efforts to have the witness cited and had left instructions with the reporting officer on Monday.
However, she told the court, despite her efforts, she was unsure what had been done to trace the witness.
Sheriff Davidson said: “This is not a criticism of you as poor, battered, court deputes,” and added: “It’s a matter of concern to me that the police didn’t act on the instruction they were given.
“Everything else is in place for this trial to commence but here we are in a position where two trials are meant to be starting and around 50 to 60 potential jurors are being sent home again, at considerable expense to the public purse.
“I would like to hear from the reporting officer today about the efforts that have been made to trace this witness.”
Bernard Harris, 57, of Craigowan Road, denies that, on July 4 2012, at 9 Buttars Place, he assaulted Alexander Munro, c/o Police Scotland, struck him on the head with a wooden pole, repeatedly struck him on the head and body with a knife, to his injury and permanent disfigurement.
He also denies possessing a knife and a wooden pole and failing to appear for trial at an earlier diet.
The trial is now due to start on Wednesday.
Overall yesterday, dozens of witnesses and potential jurors, including some police officers who had come straight from nightshift, had been kept hanging around the courtrooms and corridors, which a court source said was “totally unnecessary”.
The source said that 33 police officers had been cited for on Tuesday, with little or nolikelihood that they would be required to give evidence, or even that either of the trials would start. In the other trial, the accused pleaded guilty, allowing the witnesses to be dismissed.
The source said: “Ten police officers went into work at 10pm last night to find an email telling them they were due in court the next morning, so they had to go straight from work to court.
“Some of them were just about sleeping on the stairs.
“They were hanging about for hours before they were dismissed and there was never any chance they would be called.”
The source said many of the police witnesses had been attending court all last week in the hope the other trial would begin.
He added: “This place is just ashambles.”
A spokesman for Police Scotland said: “The reporting officer in this case hassince spoken with Sheriff Davidson in respect of this matter and we understand that the sheriff was satisfied with theofficer’s explanation.”
A spokesperson for the Crown Office and Procurator Fiscal
Service said: “The reported remarks by the sheriff areinappropriate.
“The procurator fiscal has worked closely with the Scottish Court Service throughout 2013 to agree seven additional weeks of court time at Dundee for the hearing of sheriff and jury trials.
“That agreement will ensure that there is sufficient court time to deal with thecriminal cases reported to the procurator fiscal.
“We will continue to work with the Police Service of Scotland to ensure that the citation of police officers as witnesses operates in the most effective mannerpossible.”