A BLADE attack accused Greenock man who has been behind bars for the last 11 months is out on bail after a sheriff was told his alleged victim 'has no intention' of giving evidence.
James Keogh, 35, has been locked up for 23 hours a day since last March and had multiple release bids by his lawyer opposed by prosecutors and refused by sheriffs.
Keogh remains charged with forcing his way into a flat on Greenock's Grieve Road and striking another man multiple times on the head and body with a knife during an alleged violent disturbance.
It emerged during the latest calling of the indictment case that the Crown only made a concerted effort to trace the alleged victim at the beginning of this month.
Prosecutor Mark Nicol asked for the trial to be adjourned and continued the Crown's opposition to Keogh being granted bail.
Defence lawyer Derek Buchanan told the sheriff court: "Mr Keogh was remanded in custody on March 3 last year.
"He co-operated with a video identification parade, attempts were made to show the compilations to the complainer and the complainer failed to attend for that.
"Information relayed to me indicates that he has no intention of co-operating with this prosecution.
"This information has been communicated to the Crown, so therefore the Crown is aware that the witness is entirely uncooperative in these proceedings."
Mr Buchanan, of Westcourts Litigation, said that it made this position clear to the Crown at five previous calling of the case in June, September, November and twice in December last year.
He added: "In the face of applications for bail the Crown repeatedly stated that they were confident they would be ready for trial.
"Not only does the Crown not have the witness but appears to have no idea where he is.
"My client has had this matter hanging over him since last March.
"There has been, I am told, an adverse impact on his mental health whilst in custody and he deserves some finality to this."
Fiscal depute Mr Nicol said: "The complainer has not been traced by police."
He told the court that officers had attended at three known addresses for the man on February 4 to no avail.
A further address near Greenock West railway station was visited but the man was not there.
Mr Nicol said: "The complainer's mother stated to police that her son was aware of the trial diet but had no intention of attending.
"She refused to divulge any details regarding his whereabouts, other than he is not residing in Greenock anymore."
Sheriff Andrew McIntyre said: "I do agree with Mr Buchanan's certain criticisms of the Crown.
"It seems to me that much earlier enquiries should have been undertaken to ascertain the whereabouts of the complainer."
Sheriff McIntyre — noting the 'very serious' nature of the charge — added: "I am persuaded on balance, in the interests of justice, to grant the adjournment."
The sheriff also granted a motion by Mr Buchanan for Keogh to be allowed bail to an address on Wren Road.
The case is due to call again for trial on March 15.
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