A FORMER psychiatric nurse facing a catalogue of allegations of sexual assaults against his vulnerable patients may never stand trial.
Graham Davis, of Kilbirnie, was due to have the case heard at Greenock Sheriff Court last Monday but his lawyer won a last-minute adjournment amid concerns over his health.
Solicitor David Nicolson stated that his client had suffered a heart attack followed by a stroke and his cognitive abilities could be impaired as a result.
Prosecutor John Penman — who had the case marked down as a ‘priority’ trial — described the situation as ‘frustrating’.
Lawyer Mr Nicolson said: “I make the motion on the basis that I met Mr Davis for the first time on Friday and formed the view that he is presently unfit.
“He required triple heart bypass surgery in 2019 and he subsequently suffered a heart attack and then a stroke.
“There has been a diagnosis of anxiety and depression.
“There are concerns that he has a lasting cognitive impairment.”
Davis, 50, is said to have groped one woman after turning up unannounced at her home.
He is also accused of inappropriately touching another patient within the mental health services unit at Crown House.
Prosecutors say he went on to target a female colleague at the Langhill Clinic, as well as another patient within her home.
He is facing a total of six charges spanning a timeframe of nearly two years, from January 1, 2016 to November 30, 2017.
Solicitor Mr Nicolson — who only took on the case recently in a change of legal representation for Davis — told the court he required to commission two reports with regard to his client’s heart condition and his cognitive abilities in order to ascertain whether he would be fit for trial.
Fiscal depute Mr Penman said: “These are very serious allegations and it is frustrating from my point of view, and from the Crown witnesses point of view.
“They are vulnerable witnesses.
“The defence motion is formally opposed but also I am weighing up Mr Nicolson’s concerns regarding his client’s capabilities.”
Mr Penman confirmed that the case would remain a priority trial when it next calls.
One allegation against Davis claims that, while in the course of his employment, he sexually assaulted a patient after attending at her house without an appointment.
The charge alleges that Davis made inappropriate sexual comments, embraced the woman and rubbed her buttocks. He is accused of placing his hand on her bare thigh on another occasion at her home, attempting to kiss her, seizing hold of her and touching her body and breasts.
Another charge involving the same female claims that he again targeted her in her home and placed her in a state of fear and alarm by making sexual comments.
Davis is accused of behaving in an inappropriate manner towards another patient in her home ‘on various occasions’ between January and December 2016.
He said to have sexually assaulted a patient at Crown House in 2016 by placing his hand on her knee and touching and stroking her face.
Prosecutors say he placed a female colleague at the Langhill Clinic in a state of fear and alarm on an occasion in November 2017 by making inappropriate comments towards her.
Sheriff Joseph Hughes said: “In the circumstances the trial will be adjourned.
“It is regrettable because it is stressful that you have this case hanging over you, and it is stressful for others as well.”
Sheriff Hughes said he expected both reports on Davis’s condition to be available to the court at the next pre-trial calling of the case on August 24.
The trial is due to take place in September.
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