Judge ‘staggered’ by prison’s decision to deprive elderly accused man of wheelchair

Thomas Ross QC

Seventy-seven-year-old Edward Cairney, who, along with Avril Jones, 58, is accused of murdering Margaret Fleming, was due to appear in court to apply for bail after their trial collapsed. The two deny murder.

However, Mr Cairney was forced to remain in the G4S van in the car park of the High Court in Glasgow after HMP Greenock took his wheelchair.

The prosecution argued that Ms Fleming was killed at the age of 19, between 18 December 1999 and 5 January 2000.

Ms Jones was at the court, though 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.”

Thomas Ross QC 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.”

The court was told there are no wheelchair facilities at the High Court.

Conservative justice spokesman Liam Kerr MSP commented: “No matter the nature of the allegations, an accused has to be in court during proceedings against them.

“Everyone involved in a trial should only be focused on establishing the truth and not appropriate seating.

“It is highly impractical to delay a significant trial over the loan of a wheelchair, at cost to the public purse.”

Iain McSporran QC, prosecuting, said the Crown would not oppose bail for Ms 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.”