Six freed as abuse case collapses

Peter Cairns called for an inquiry into the case

The trial of six men accused of sex abuse has collapsed amid concern for the emotional state of a key child witness.

The judge, Lord MacLean, told the jury at the High Court in Edinburgh that medical opinion revealed it would not have been in the best interests of the eight-year-old boy to give further evidence.

The Crown said it would not be continuing with the case on what was to have been the 15th day of the trial.

Lord MacLean said there were concerns about the ordeal the child would face under cross examination.

The men had denied the charges

The boy had broken down in the witness box during his evidence under questioning from both the Crown and during cross examination and the trial was halted on both occasions.

A Crown Office spokeswoman said: "As a result of medical opinion received today, that it would not be in the best interests of an essential child witness for that child to give further evidence in this case, the Crown moved the court to desert the diet simpliciter against the accused.

"This has the effect of bringing to an end the proceedings raised by the Crown against the accused."

It was alleged that the boy and an 11-year-old girl were sexually abused by the men in Ayrshire between August 1992 and August 1998.

The accused were William Wilson, 38, from Newmilns; Peter Cairns, 40, from Ochiltree; David Wilson, 36, and Garry Wales, 37, both from Galston; and Timothy Harris, 39, whose address has been given as a solicitor's office in Ayr.

Also on trial was Ronald McCarlie, 45, from Dumfries and Galloway.

The outcome of this case is highly unsatisfactory for all our clients

Defence counsel Stuart Gale

The men had denied all charges against them which included various counts of rape, serious sexual assault and indecent assault.

The 11-year-old girl had already given evidence in the trial via a video link but the Crown had been relying on the boy's evidence as corroboration.

The girl gave evidence for a total of 10 days and was cross examined by lawyers for all six men in that time.

After she finished giving evidence the judge thanked her.

The boy broke down after 20 minutes of giving evidence under questioning by counsel for the Crown and the judge.

Lord MacLean began by asking him about his favourite football team and what he liked to watch on television.

Child psychologist

But when he was then asked what he remembered of the alleged abuse the boy could not continue after becoming upset.

He then broke down again under cross examination.

On Wednesday, Advocate Depute Jamie Gilchrist told the court that the case could not proceed because a child psychologist had ruled that the boy would not be able to face further questioning.

Mr Gilchrist said a doctor had examined the boy and had decided that putting him back in the witness box could cause him psychological damage.

He said: "In these circumstances I call on the court to desert the diet."

Stuart Gale QC, representing William Wilson, read out a prepared statement on behalf of the other defence lawyers in which he told of their disappointment at the outcome of the case.

He said: "The outcome of this case is highly unsatisfactory for all our clients, who have been denied the opportunity, which they genuinely desired, to have the allegations against them considered by a jury or their peers and to present to that jury their own evidence and that of their various witnesses.

The case collapsed on its 15th day

"As a consequence, our clients have not been able in court to state, and thus have considered by the jury, their total rejection of the allegations made against them.

Lord MacLean said: "There isn't any other way in our system to test the evidence of a child, assuming that that child was a competent witness, and I was of the opinion that he was able to give evidence.

"It's unfortunate that it turned out in this way and it's equally unfortunate for the accused as well."

Later, Mr Cairns called for a full public inquiry into the case as he read out a statement, which he said was on behalf of all the accused.

He said: "In June 2000, the lives of myself and my family were turned into a nightmare when I was charged with the worst possible crime - child abuse.

'Seriously flawed'

"Fortunately throughout, my wife, family, friends, and in particular those within the community of Ochiltree, have been very much behind me.

"I believe the investigations were seriously flawed throughout, and all of us have been denied the opportunity to publicly state the facts."

Through his lawyer and local MSP, Cathy Jamieson, who represents Carrick, Cumnock and Doon Valley, Mr Cairns said he was calling for a full public inquiry to be launched into the whole affair.

A spokeswoman for Strathclyde Police, which led the investigation into the allegations of child abuse, said it would be inappropriate to comment.