Abuse case civil action threat

The trial at the High Court in Edinburgh was abandoned

An Ayrshire mother is considering civil action against the six men who were accused of abusing her eight-year-old son and 11-year-old daughter.

The men walked free from the High Court in Edinburgh on Wednesday when the charges against them were dropped after the boy broke down while giving evidence.

The family's spokeswoman, Sandra Brown, has told BBC Scotland they are considering further action.

She said: "A civil action is definitely under consideration but they would clearly not want these children to be put through any further trauma.

Sandra Brown: Further legal action considered

"I would also think that the Scottish Parliament do have a role to play here. We need to see that Scotland catches up with the rest of the world."

Meanwhile, Peter Cairns, one of the men who had been accused, said he was determined to pursue his call for a public inquiry into the handling of the case.

He and his wife Marie are concerned at the way the evidence was gathered.

Mrs Cairns said: "I was concerned that the evidence that they had was very one sided. They were reluctant to interview relevant people and to use the facts in what I would say is a balanced and sensible way.

"In this case, because of the amount of people involved and the way the allegations were lead, they had to look at times, places, how this could have been possible and they didn't seem interested in doing that."

However, the Crown has said a public inquiry could not be justified in the public interest.

Inquiry call rejected

In a statement released on Thursday, the Crown Office said: "This case was halted on medical advice on the possible damage to the health of one of the principal complainers, a boy aged eight, were it to continue further.

"In taking the decision not to pursue the case further, the Crown had at the forefront of their considerations the best interests of the child.

"It is hoped that both children can now have an opportunity to recover from the trauma of the investigation and prosecution and that all involved will remember the best interests of the children.

"It is not apparent what purpose would be served by a public inquiry. Such proceedings would immediately involve the children in further investigation and possibly giving evidence."

All charges were denied

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

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

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.