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Inverness court no-show because diver is under sea





Accused fail to appear because he is under the sea
Accused fail to appear because he is under the sea

A deep sea diver was unable to attend his trial for dangerous driving on the A9 at Inverness Sheriff Court because he is in a hyperbaric decompression chamber under the sea.

Andrew Ross’s case was continued until next month. Sheriff Andrew Berry noted it was the eighth time the case had called and 34 year-old Ross, of Morefield Place, Ullapool had yet to attend any hearing.

Ross denies driving dangerously on the A9 by driving at 117mph on the A9 at Daviot near road junctions and a deceleration lane on January 31 last year.

Local solicitor John McColl acting on behalf of Glasgow agents McCusker McElroy told the court Ross was unable to attend and was not even aware the case was calling.

"He is a deep sea saturation diver and is stuck abroad somewhere under the sea in a self contained decompression chamber. He has been in this tank since the last calling of the case and is unaware of this calling today."

Mr McColl said the situation was unsatisfactory.

"But it does not appear to be Mr Ross’s fault he’s not here today."

David Bernard, depute procurator fiscal said there was no formal objection to a new date being fixed for the trial.

"But that will not persist," he added.

The fiscal told Sheriff Berry a letter had been sent to the Sheriff Clerk’s Office on February 18 asking for a new date to be fixed for the trial over a four week period commencing on the March 9. But he only became aware of the letter on February 27.

Sheriff Berry said: "This is the eighth time this case has been called and Mr Ross has not been present on any of these occasions.

"As long ago as September 27, Sheriff Neilson said she expected nothing but cooperation from Mr Ross’s employers in this matter."

He said when the trial does call he will expect in writing a statement from Ross’s employers giving full details of his employment from last July until the present day because what had been asked for by Sheriff Neilson had not been implemented.

If Ross is not present on the trial date the Sheriff said the court would consider whether to proceed in his absence or the issue of a warrant.

A new date was fixed for March 16 with an intermediate diet on March 13 to check if everything was prepared for trial.


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