A MAN accused of sexually assaulting a woman in Greenock more than two-and-a-half years ago may never stand trial, the sheriff court has been told.

The prosecution against James Conway could be dropped next month due to the alleged victim's current state of poor health.

Conway, 40, is charged with inappropriately touching the woman within a car at the McDonald's car park in James Watt Way.

It is claimed he 'did intentionally attempt to cause her to participate in sexual activity without her consent' by handling her leg, her private parts and her breast over her clothing.

It is further alleged that Conway then demanded that the woman place her hand on his genitals over his clothing.

A procurator fiscal depute told the latest calling of the case: "Enquiries will need to be made as to whether or not the complainer will ever be fit to attend."


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Conway, listed in court papers as now living in Dundee, is said to have committed the alleged offence on November 20, 2020.

He was not present for the hearing as the court was told that the complainer in the case is now 'suffering from a serious illness'.

Defence solicitor Gerry Kennan said: "It is unfair that this is hanging over him, it is a serious allegation from 2020.

"We need to look at if and when this lady is ever fit to attend a trial."

Sheriff Sheena Fraser ordered the Crown to make further medical enquiries and consider the next appropriate action.

A notional trial date was set for July 24 and Conway's attendance has been excused.

The court was told that it is 'unfair to the accused to fix a trial date that might not take place'.