The trial of a woman accused of causing a child needless suffering through “unnecessary” operations has been postponed until next year due to missing medical records.
Tracy Anne Menhinick, a former auxiliary nurse, is facing one charge of wilful ill-treatment towards the boy between April 1 2014 and July 21 2017.
The child – who cannot be identified – was aged between three and six at the time.
The trial, which was due to begin on Wednesday of last week, is now postponed until early next year.
Menhinick, 51, denies the charge against her.
‘Not a fair trial at the moment’
Lord Andrew Young described the situation as “extremely regrettable” and told the jury: “The trial cannot proceed at this stage and a fresh diet for the trial is going to be fixed.
“It’s become apparent to the Crown and the defence at the start of the trial that there were potentially some missing medical records in this case.
“Potentially missing medical records missing from the papers that everyone had been working from.
“It had been hoped that we would be able to identify the missing records and those would be digested by the parties and we could continue, but as of today’s date, there are some still potentially relevant missing medical records.
“Both parties need to get their hands on those documents and they also have further investigations in the light of some of the information that’s come to hand over the last week.
“A fair trial is a key element in any trial and it simply is not a fair trial at the moment.”
Lord Young thanked the jury, who heard no evidence, and discharged them from their duty.
Menhinick is accused of administering non-prescription medication to the boy in the form of Lactulose, a sugar-based drug often used to treat people suffering from the effects of liver disease.
It is claimed this caused the child’s development and mobility to be affected, which also resulted in his being admitted to the hospital.
The charge further alleges that Ms Menhinick “consented to treatments, procedures and operations” on the boy that she knew were unnecessary.
It is said this caused the child permanent disfigurement, permanent impairment and endangered his life.
She was also accused of causing the child “unnecessary suffering or injury to health”.
It was stated at Menhinick worked for more than 10 years as an auxiliary nurse at Royal Aberdeen Children’s Hospital.
The court also heard that Menhinick worked for nearly a decade as a homecare worker for NHS Grampian.
Menhinick’s defence advocate Frances Connor had entered a plea of not guilty on her client’s behalf.
The new date for trial was set down for January 15 2024.
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