Court case ends after video evidence is wiped

Sep 8 2009 by Les Stewart, Perthshire Advertiser Tuesday

A MAN, accused of a brutal attack in Kinross, has walked free from Perth Sheriff Court after video evidence was wiped from a computer hard drive.

The case against William Townsley was deserted meantime by the prosecution.

Depute fiscal Alan Kempton said that the case was corroborated by video footage taken at the alleged crime scene.

It had been recorded on a hard drive but needed to be copied into a form which could be used in court.

When police went to view it, however, it was discovered that the original footage no longer existed on the hard drive.

Police said it had been removed or wiped from the hard drive.

There was no indication given if the images could be retrieved in any way.

Ordinarily, officers who had seen the video before it was wiped would have been called to give evidence but a recent High Court ruling had established that such evidence was no longer admissible.

Townsley, of Lochgelly, had denied that on May 9, at New Road, Milnathort, he assaulted Robert Donaldson by repeatedly punching him and biting him on the ear, to his severe injury and permanent disfigurement.