A Dundee taxi driver whose car windscreen was struck by a brick has labelled the Crown Office ”an absolute joke” after a court case was abandoned due to witness problems.
Former Black Watch soldier and Falklands and Northern Ireland veteran Daniel O’Connor (52), who stays in the Law area of Dundee, said he could have been killed in the incident, which happened two years ago.
He had to give up driving his taxi a month after the incident because he suffered a blackout at the wheel and drove into a ditch.
He said the accused and other witnesses failed to appear at court on several occasions, and when the case called at Dundee’s Justice of the Peace court the depute fiscal deserted the case due to lack of witnesses.
Kieren McAnearney (17), Ladywell Avenue, had denied that on January 28 2010, at the roundabout on Coupar Angus Road and South Road, he threw a stone at a black Vauxhall Vectra which struck the windscreen, causing the driver to brake and swerve, placing him and other road users in danger, to the alarm of the driver that he was about to be seriously injured.
Mr O’Connor said that after the case was dismissed he asked to speak to the fiscal. She said they could not get witnesses to court to give evidence and had decided enough was enough and deserted the case.
”I couldn’t believe it when they deserted it,” he said. ”A fiscal phoned me this morning to explain why it had happened. He was really good and explained it all but I still think it’s an absolute joke.
”I’m not happy with the way this case has been handled. These people have the courts hamstrung. I’ve been there every time but because the guy accused and the other witnesses don’t turn up he gets off with it?
”I asked the fiscal if they would get done with contempt of court but she said they wouldn’t, they were just going to let it go.
”Nobody ever offered me any help when I was coming to court. Never once did anybody speak to me other than to say I could go, the trial was off again.
”It was only because I asked that I got to speak to the fiscal. The law seems to be on their side, the next time somebody could be killed, is that what it takes?
”I’ve been off work for two years now because of this. I suffered a blackout a month after it and my consultant said it could have been a delayed reaction to it because of the stress.
”I couldn’t drive and had to give up my job. I’ve only just been given the all-clear now from Ninewells so I’m applying for my licence back.
”I’ve had a lot of help from Tayforth Veterans Project. They help with any kind of issue you have if you are ex-army.”
A Crown Office spokesman said: ”The procurator fiscal at Dundee received a report concerning Kieren McAnearney in connection with an alleged culpable and reckless conduct on 28 January 2010. Proceedings were subsequently raised.
”It is the duty of the Crown to keep cases under review and after full and careful consideration of all of the facts and circumstances of the case, including the available evidence, the procurator fiscal concluded there was insufficient evidence to continue and that there should be no further proceedings.
”The case is now closed.”