A witness may face prosecution after she was twice warned by a sheriff for refusing to tell the truth about an alleged assault by her partner.
Stevie MacLeod, from Nairn, was giving evidence in the trial of Scott McInnes, 48, of 27 Albyn Court, Nairn, who denied assaulting her on July 6 this year by seizing her by the arm, pushing her against furniture, pressing his forearm against her throat all to her injury.
He also pleaded not guilty at Inverness Sheriff Court of behaving in a threatening manner towards her and making offensive remarks.
Ms MacLeod said she had been in a seven-year relationship with McInnes and still lived with him. She was repeatedly asked by fiscal depute Laura Ryan to tell the court what happened on the night she returned home from work.
She began by saying she couldn’t remember anything because she was so drunk.
But eventually Ms Ryan illicited from her that the two had been drinking vodka and there was an argument over the consumption of more alcohol.
However when pressed by the fiscal to say what happened then, Ms MacLeod answered frequently that she couldn’t remember what happened before McInnes left their flat.
She admitted phoning the police but said she couldn’t remember what she told the police.
“I was being nasty and vindictive because I was extremely drunk. I tried to get him arrested but I don’t remember what I told them.”
Ms MacLeod received two cautions by Sheriff Jamie Gilchrist QC that she faced serious consequences if he deemed her not to be telling the truth.
When she returned, she continued with answers of “I don’t remember” and she was warned again.
Sheriff Gilchrist said: “I am guessing that your partner is in custody because of something you reported. If you said something to the police that was untrue you may find yourself in custody if you do not tell the truth.”
He held a brief adjournment for her to “think about her evidence.” But when she returned Ms MacLeod persisted with similar answers.
Ms Ryan asked her: “Are you trying to protect Mr McInnes?
Ms MacLeod said: “No. I honestly can’t remember.”
Ms Ryan then abandoned the case and McInnes was found not guilty.
After acquitting him, Sheriff Gilchrist said to Ms Ryan: “It is up to you to decide what further proceedings should be taken.”
He then told Ms MacLeod she was free to go.
Neither Ms MacLeod nor Mr McInnes made comment when leaving the court.