A sheriff has demanded that a young shop worker who falsely accused a married couple of rape must be represented by a solicitor – despite no one being willing to act for her.
Hannah McWhirter had been due to be sentenced this morning at Aberdeen Sheriff Court for wasting police time.
The 21-year-old had previously admitted lying to officers about the sex assault after her boyfriend found out she had been unfaithful with the couple.
But last month her lawyer resigned from acting for her and she has been unable to find another solicitor willing to take her case since.
The court previously heard that when McWhirter spoke to social workers, following her guilty plea, she maintained she was innocent.
As a result Mr Milligan refused to continue speaking for her and the court has heard she has struggled to find anyone else who will act on her behalf.
Mcwhirter told the court this morning that she had phoned numerous solicitors since she last appeared in court but no one was willing to help her.
Sheriff Graham Buchanan told her he understood why lawyers were “reluctant” to take on her case.
He said: “I can see why, as there are details of this case which may make them reluctant to become involved – particularly where they hear you have tendered a plea of guilty and signed to that affect in the court but that you now want to ask to be allowed to withdraw that plea.
“That’s possibly a bit of a stumbling block in that lawyers recognise the difficulty for you and for them in advancing such a case.”
However, the sheriff said that since the charge she had admitted was such a serous one she had to be represented on her next court appearance.
He said in order to ensure that happens he was going to instruct the Sheriff Clerk to write to the Scottish Legal Aid Board and the Law Society, who will then appoint a solicitor to her case.
He added: “The court has decided that you must be represented by a lawyer on the next occasion and it would be for them to appoint a solicitor. In other words the lawyer will have no choice. He or she will be told that they have to appear for you.”
When the case last called Sheriff Buchanan said it was “highly unlikely” an application to allow her to withdraw her guilty plea would be granted.
However he said it was “overwhelmingly” in the interest of justice that she be represented
He continued the case for another two months for a lawyer to be appointed.
McWhirter, of Holly Cottage, Drywells, Banff, admitted lying to police and falsely accused Dionne and Shaun Clark of sexual assault.
Mr and Mrs Clark were questioned under caution, detained for hours and remained under investigation for a month as McWhirter’s lies spiralled out of control.
The court previously heard McWhirter and Mrs Clark, 30, had become close friends as they both worked together at the same city department store – and that on July 13, 2013, they and Mr Clark met up at a Travelodge while McWhirter’s boyfriend was on a night out, oblivious to what was going on.
Later, the relationship between McWhirter and Mrs Clark started to “deteriorate” and as a result Mr Clark, 35, decided to tell the young woman’s boyfriend about the threesome. It was at this point she went to the police and made the false allegations.