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| Version 1 | Version 2 |
|---|---|
| Anger after abuse case collapses | Anger after abuse case collapses |
| (40 minutes later) | |
| A mother has reacted angrily after the trial of a man accused of abusing her daughter and four other girls collapsed on a technicality. | A mother has reacted angrily after the trial of a man accused of abusing her daughter and four other girls collapsed on a technicality. |
| The woman, who cannot legally be named, told BBC Scotland she felt "sickened and let down by the system". | The woman, who cannot legally be named, told BBC Scotland she felt "sickened and let down by the system". |
| The charges against Hamish Paterson, 56, from Alloa, Clackmannanshire, were dropped on Tuesday after they were ruled "fundamentally incompetent". | The charges against Hamish Paterson, 56, from Alloa, Clackmannanshire, were dropped on Tuesday after they were ruled "fundamentally incompetent". |
| The girls had all given evidence before the trial was halted on its sixth day. | The girls had all given evidence before the trial was halted on its sixth day. |
| One girl, now 16, broke down continuously as she gave her evidence to Stirling Sheriff Court by video link. | One girl, now 16, broke down continuously as she gave her evidence to Stirling Sheriff Court by video link. |
| I'm sick to my stomach, absolutely sickened, I think it's terrible, disgusting Mother of alleged victim | I'm sick to my stomach, absolutely sickened, I think it's terrible, disgusting Mother of alleged victim |
| Prosecutors have since taken the highly unusual step of issuing a public apology. | Prosecutors have since taken the highly unusual step of issuing a public apology. |
| Mr Paterson had denied indecent conduct towards the girls, who were aged between 12 and 15, over a 15-month period at his home and on one occasion in a car. | Mr Paterson had denied indecent conduct towards the girls, who were aged between 12 and 15, over a 15-month period at his home and on one occasion in a car. |
| Solicitor advocate Mike Chapman, for Mr Paterson, had said the charges could not be put to the jury because the common law charge of using lewd, indecent and libidinous practices and behaviour only applied to girls under 12. | Solicitor advocate Mike Chapman, for Mr Paterson, had said the charges could not be put to the jury because the common law charge of using lewd, indecent and libidinous practices and behaviour only applied to girls under 12. |
| Legal wording | Legal wording |
| Section 6 of the Scottish Criminal Law Consolidation Act 1995 extended the scope of the offence to cover girls aged 12 to 16 but only if contravention of the act was specifically alleged and the act was mentioned in the charges. | Section 6 of the Scottish Criminal Law Consolidation Act 1995 extended the scope of the offence to cover girls aged 12 to 16 but only if contravention of the act was specifically alleged and the act was mentioned in the charges. |
| After listening to the legal submissions, Sheriff Maxwell Hendry ruled that because the charges did not mention by name the Act of Parliament which the accused's alleged actions were meant to have contravened, they could not be put to the jury. | After listening to the legal submissions, Sheriff Maxwell Hendry ruled that because the charges did not mention by name the Act of Parliament which the accused's alleged actions were meant to have contravened, they could not be put to the jury. |
| He told Mr Paterson: "I have been concerned that I was going to have to charge (address) the jury about charges which were fundamentally incompetent. | He told Mr Paterson: "I have been concerned that I was going to have to charge (address) the jury about charges which were fundamentally incompetent. |
| The case being heard against Hamish Paterson collapsed | The case being heard against Hamish Paterson collapsed |
| "As a matter of law, not as a matter of fact, I find you not guilty and you are free to go." | "As a matter of law, not as a matter of fact, I find you not guilty and you are free to go." |
| Addressing the jury, he added: "This does not reflect on the evidence that the girls gave, or the evidence that Mr Paterson might have led or might have given himself if the case had gone further." | Addressing the jury, he added: "This does not reflect on the evidence that the girls gave, or the evidence that Mr Paterson might have led or might have given himself if the case had gone further." |
| Mr Paterson, of Inglewood Road, Alloa, had pleaded not guilty, but had not had a chance to give his own evidence before the case was stopped. | Mr Paterson, of Inglewood Road, Alloa, had pleaded not guilty, but had not had a chance to give his own evidence before the case was stopped. |
| The mother of one of the alleged victims told BBC Scotland: "I'm sick to my stomach, absolutely sickened, I think it's terrible, disgusting, and trying to explain it to my daughter is even worse. | The mother of one of the alleged victims told BBC Scotland: "I'm sick to my stomach, absolutely sickened, I think it's terrible, disgusting, and trying to explain it to my daughter is even worse. |
| "She took it badly, she couldn't believe that they all had to go through all that for nothing to come of it. | "She took it badly, she couldn't believe that they all had to go through all that for nothing to come of it. |
| What I want to do is to apologise to the families Geraldine WattArea Procurator Fiscal | |
| "I feel let down by the whole justice system, although the blame seems to be on the Crown, but I just think it's completely the whole system." | "I feel let down by the whole justice system, although the blame seems to be on the Crown, but I just think it's completely the whole system." |
| She said she could not understand why the error had not been noticed earlier. | She said she could not understand why the error had not been noticed earlier. |
| One of Mr Paterson's alleged victims, now 16, said after the case collapsed: "I'm really angry. We all told our stories but the jury never got a chance to decide. It's very frustrating and upsetting." | One of Mr Paterson's alleged victims, now 16, said after the case collapsed: "I'm really angry. We all told our stories but the jury never got a chance to decide. It's very frustrating and upsetting." |
| Area Procurator Fiscal Geraldine Watt said the collapse of the case was a result of human error which had "far-reaching" consequences. | |
| She said: "It came to light at a stage where we couldn't rectify it and that's where we are just now. | |
| "What I want to do is to apologise to the families, we've been in touch with them and we'll invite them into the office and explain what we can to them." | |
| But the mother said an apology did not make up for what had happened and did not bring justice. |