A TRIAL date has been set for a sexual assault accused man charged with inappropiately touching a woman at McDonald's in Greenock — despite serious concern that the alleged victim may not be fit to testify.

Sheriff Sheena Fraser ruled that the prosection against James Conway — who is said to have targeted a woman in the fast food restaurant's car park nearly three years ago — should proceed next week.

Conway, 40, is accused of intentionally attempting to cause the woman to participate in sexual activity without her consent within a vehicle.

The Crown alleges that he handled her leg, private parts and her breasts over her clothing on November 20, 2020.

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

Greenock Telegraph: Greenock Sheriff Court

The court was told previously that Conway may never stand trial because the complainer is now 'suffering from a serious illness'.

A prosecutor said at the time: "Enquiries will need to be made as to whether or not the complainer will ever be fit to attend."

Accused Conway appeared in the dock for the latest calling of the case to be told by Sheriff Fraser that she was setting a trial date of September 11.

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The sheriff said: “If it appears the witness would not be fit in the future then I can reassess the case.”

A procurator fiscal depute said that immediate enquiries would be made to medical professionals to get an update on the alleged victim's health.

Greenock Telegraph:

Defence solicitor Gerry Kennan had told the court previously: "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."

Conway, who resides in Dundee, is due back in the dock on Wednesday next week.