Inquiry after judge jails sex abuse case witness who tried to flee court

Published on Saturday 7 February 2009 18:33

AN INVESTIGATION was under way last night after it emerged a Scottish judge locked up an alleged rape victim who tried to flee his court.

Prosecutors yesterday said they were looking into a complaint from the woman, who was jailed for a night late last month after breaking down in the witness box. The 43-year-old struggled to give testimony at the High Court in Edinburgh as she was questioned about her alleged ordeal at the hands of a rapist when she was 12.

Judge Roger Craik ordered the women to be arrested and held at the capital's St Leonard's police station overnight after she attempted to leave the court under a barrage of cross-examination. She finished her testimony the following day and was freed. His move, which will have to be explained to investigators, yesterday raised serious questions from politicians and campaigners.

They want to know why the woman was detained and forced to undergo a medical examination at the judge's order.

Sandy Brindley, co-ordinator of Rape Crisis Scotland, said: "I find it extraordinary that a judge would take this action. I can't think of any circumstances where it would be appropriate to lock up the complainer in a case involving sexual offences."

Labour MSP Cathy Peattie, whose Falkirk constituency is the woman's home, was "furious", adding: "I think that this judge really should be considering his position."

Labour MSP Margaret Curran was "profoundly shocked. This judge has not listened to any of the guidance given to help protect victims giving evidence."

The woman was giving evidence last month in the trial of George Cummings, 69, from Grangemouth. A charge of rape in respect of her case against him was dropped last week.

Cummings, however, was found guilty of two other counts of sexual abuse in the 1970s, including the sexual assault of one girl and lewd and libidinous behaviour towards another. The girls were just three and six when the abuse began.

Cummings, who attended court in a wheelchair, faces jail. He is due to be sentenced next month.

The Crown Office yesterday confirmed it had received a complaint. A spokeswoman said: "The decision to remand the witness in custody was taken by the court. Through our Victim Information and Advice service, we have endeavoured to be supportive towards this witness, as we would with all vulnerable witnesses.

"Having received her complaint, we will work alongside the Scottish Court Service to look into … the case."

The Scottish Court Service said it had yet to receive a complaint, but would work with any inquiry. It is understood Lord Hamilton, the Lord Justice General and Scotland's most senior judge, is aware of the matter. Craik is a sheriff who was acting as a temporary judge.

Elish Angiolini, the Lord Advocate, and other prosecutors have been trying to find ways of boosting Scotland's poor record of securing convictions for rape.