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Rape witness jailing criticised Rape witness jailing criticised
(about 1 hour later)
The jailing of a woman who ran from the witness box while giving evidence in a rape trial has been criticised by Scotland's most senior judge.The jailing of a woman who ran from the witness box while giving evidence in a rape trial has been criticised by Scotland's most senior judge.
Ann Robertson, 43, spent a night in police cells after becoming too upset to complete her evidence against the man she claimed raped her. Ann Robertson, 43, spent a night in police cells after becoming too upset to complete her evidence against the uncle she claimed raped her.
She made a complaint about the actions of temporary judge Roger Craik QC.She made a complaint about the actions of temporary judge Roger Craik QC.
The Lord Justice General has ruled the decision to detain her in January was "unnecessary" and "disproportionate".The Lord Justice General has ruled the decision to detain her in January was "unnecessary" and "disproportionate".
George Cummings, 69, from Grangemouth, was later jailed for three-and-a-half years at the High Court in Edinburgh for sexually abusing two of his nieces almost 40 years ago. George Cummings, 69, from Grangemouth, was later jailed for three-and-a-half years at the High Court in Edinburgh for sexually abusing two of his nieces in the 1970s.
Ms Robertson alleged she was raped by Cummings when she was 12 years old, although that rape charge was eventually dropped. Ms Robertson, who decided to give up her right to anonymity, alleged she was raped by Cummings when she was 12 years old, although that rape charge was eventually dropped.
'Traumatic' move
While giving her evidence, Ms Robertson was said to appear nervous and spoke so quietly it was difficult to hear her.
She refused to answer certain questions and left the witness box twice.
After returning to give evidence, she still seemed distressed and the judge ordered that she be detained overnight and a medical examination should take place to decide if she was fit to continue testifying.
He was also concerned that if Ms Robertson left the court she may not return to complete her evidence.
The witness was then held at St Leonard's police station in Edinburgh overnight before she returned to court.
Ms Robertson previously told BBC Scotland she had been treated more like a criminal than a victim and she lodged a complaint.
Lord Hamilton ruled: "I have come to the view that his decision that you be detained overnight - which must have been traumatic for you - was in the circumstances disproportionate."
The judge stated that no further action would be taken but that all judges of the Supreme Court would be advised of his decision.