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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 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 in the 1970s. | |
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. |
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