New delay in trial of ex psychiatric nurse charged with sexually assaulting patients

Graham Davis was due to have his case heard six months ago, but it was adjourned after a psychological report commissioned by his lawyers suggested he may not have been criminally responsible for his alleged actions.

Now a rearranged trial — which was scheduled to take place on Tuesday — has had to be abandoned because prosecutors say a video identity parade electronic recording (VIPER) has not been carried out fully.

Davis is alleged to have groped one woman after turning up unannounced at her home.

He is also accused of inappropriately touching another patient within the mental health services unit at Crown House.

Prosecutors — who had marked the case as a 'priority' — say he went on to target a female colleague at the Langhill Clinic, as well as another patient within her home.

Davis is facing a total of six charges spanning a timeframe of nearly two years, from January 1 in 2016 to November 30, 2017.

The sheriff court was told last September that he may have had an absolute defence under Section 51a of the Criminal Procedure (Scotland) Act.

The legislation states: 'A person is not criminally responsible for conduct constituting an offence, and is to be acquitted of the offence, if the person was at the time of the conduct unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct.'

Matters were previously delayed last May after Davis's lawyers won an adjournment on health grounds.

They told the court that he had suffered a heart attack followed by a stroke and argued that his cognitive abilities may have been impaired as a result.

Fiscal depute John Penman said at that time: "These are very serious allegations and it is frustrating from my point of view, and from the Crown witnesses point of view.

"They are vulnerable witnesses."

Matters are now due to call again on April 12, ahead of a trial rescheduled for April 20.