# General > Doanalsin's Diary >  Trial transfer

## Nwicker60

Legal hiccup de-rails Wick Sheriff Court trial

*A CASE involving a domestic disturbance at a house in Wick,  was suddenly halted, earlier this week, after the sheriff said he personally could not hear further evidence.*
Now, following the unusual legal hitch, the trial has been transferred to Tain Sheriff Court, before a different sheriff.
In the dock at Wick, was Robert Turner, 48, who is accused of threatening or abusive behaviour towards his then partner, .......... Turner, 48, denies shouting aggressively at ........... and uttering threats of violence.
Giving evidence, ................., 33, appeared to play down the alleged incident.
She said that following a meal at her home in .......... .........., Wick, they had had some drinks.  Then, they had argued, but and shouted at each other in what she claimed was "more in raised voices."
Fiscal Fraser Matheson asked Ms ............ what she had said to the police in her statement.
Ms ................ said she couldn't remember.  At that point, she was warned about the potential consequences of not telling the truth under oath.
Mr Matheson: "What did you tell the police about the events of that evening?"
Ms ...............: "That we were drinking and an argument developed.  Then I went up stairs to the bathroom or something."
Mr Matheson pressed the witness: : "Are you trying your best to remember what you told the police?"
Ms ....................: "I am trying to think what I told them, but there is a four-month gap.  It would have been the truth at the time but I can't remember what I said to them." 
Mr Matheson: "If what you said to the police at then, is the truth,  it is logically, the truth now."
Sheriff Andrew Berry interjected to advise Ms ................ that the fiscal could produce a copy of Ms ................'s statement  and "take you through it "line-by-line".   The sheriff said the issue was not going to go away and that Ms ......... should focus on what she told the police and avoid a longer process that would possibly "arrive at the same position".
Ms ................. reiterated that she had spoken to the police and told them that  Bob and herself had an argument.
Mr Matheson: " The police noted down your statement and asked you to sign it."
Ms .................: " Yes."
Mr Matheson went on the say that the statement would be production No 1 and there was a recess to allow copies to be made and circulated.
But following a discussion in chambers with the fiscal, defence solicitor Patrick O' Dea, the Sheriff Andrew Berry returned to the bench to make a statement.
Sheriff Berry told Turner, of Hill Avenue, Wick: "A matter has arisen during the adjournment following which I should not hear further evidence in the case in your interest and in the interest of justice.  A further procedure will require to take place in a difference court, the sheriff court at Tain."
Ms ........................ returned to the witness box and was advised by the sheriff that her evidence was finished. 
Sheriff Berry told her: "A matter has arisen  where I, personally, could not hear further evidence in the case, a matter I realised only a short time after you left the witness box."
The case will resume at Tain Sheriff Court on May 9.

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