Inverkip murder accused left without a wheelchair
A judge slammed a decision by prison authorities to leave the man accused of murdering missing Margaret Fleming without a wheelchair. The trial of Edward Cairney, 77, and his co-accused Avril jones, 58, collapsed on Thursday and he was due in court yesterday to apply for bail.
Instead, Mr Cairney sat in a G4S van in the court car park after Greenock Prison removed the wheelchair he had been using throughout the trial.
Miss Jones was in court for the hearing, although she did not apply for bail.
Lord Matthews said: “I'm staggered that the Scottish Prison Service think it appropriate to remove the wheelchair Mr Cairney has been using all this time. I want an explanation.”
The judge also said that the possibility of getting a wheelchair for the High Court should be looked into.
Defence QC Thomas Ross said: “I would like to explain why Mr Cairney is not in the dock. Since he was fully committed he became the responsibility of the Scottish Prison Service.
“He is in the vicinity of this court in a van in the car park. When he was leaving Greenock Prison this morning the prison withdrew his wheelchair from him.
“The reason given was that it was expected that he would be granted bail and they were presumably concerned they wouldn't get their wheelchair back.
“They somehow managed to get him into the van at the prison, but G4S can't get him out this side. I was summoned to the car park area at 9.45am to see what could be done.”
The court was told that there are no wheelchair facilities at the High Court.
A court insider said: “There was until fairly recently a wheelchair in the court for anyone who needed it, but the wheels came off it, quite literally.”
Mr Ross added: “Mr Cairney is very angry and frustrated by this. He was encouraged to walk from the van and he believes he is incapable of doing this. It is very unsatisfactory that a man who has been in a wheelchair throughout the ttrial should have it withdrawn.”
Mr Cairney was granted bail on condition that he does not approach any witnesses.
Prosecutor Iain McSporran QC told the court that the Crown would not oppose bail for Miss Jones if she changes her mind.
He added: “The Crown does intend to re-indict this case. A trial might take place in April next year. That is the current intention.”
Mr Cairney and Miss Jones deny murdering Margaret at Seacroft, Main Road, Inverkip, or elsewhere in Scotland between December 18, 1999 and January 5, 2000, when she was aged 19.