Edinburgh crime: Doctor accused of sex act while driving in Lothian Road walks free
and live on Freeview channel 276
An Edinburgh doctor accused of carrying out a solo sex act while driving his car has walked free from court following an admin bungle by prosecutors. Dr David Falzon was facing two allegations of committing an act of public indecency by masturbating while driving a vehicle in Lothian Road last April.
The 38-year-old – who works as an anaesthetist with NHS Lothian – was alleged to have been spotted carrying out the sex act by a passing bus driver and after denying the allegations was due to stand trial at Edinburgh Sheriff Court on Monday, March 27. But when the case called Sheriff Donald Corke was informed the Crown was moving to adjourn the trial hearing due to Lothian Bus driver Keith Wilson not being in attendance.
Advertisement
Hide AdAdvertisement
Hide AdFiscal depute Sarah Quinn told the court Mr Wilson was “an essential witness” and due to an error on the Crown’s part he had not been cited to come to court to give evidence on Monday. Ms Quinn said: “He is essential My Lord and I need him. I accept the alleged behaviour is now almost a year old however given the subject matter, certainly charge two, the Crown would submit there is a public interest in allowing us an opportunity to take this matter to trial. I would ask for a further opportunity to do that My Lord and I can’t quite understand why Mr Wilson has not been cited.” Ms Quinn said the Crown did not have the bus driver’s home address but said it should be “relatively straight forward” to contact him at the bus company’s headquarters in Edinburgh.
Lawyer Neil Hay, defending, said he was opposing the motion to adjourn due to the Crown informing him it was fully prepared for trial at two hearings in February and March this year. Mr Hay said the Crown had “overlooked a particularly important aspect of the case” and there was “never any prospect” of the trial taking place on Monday. The solicitor said his client had suffered “stress in his relationship” due to the allegations and he did not qualify for legal aid and was having to pay for representation privately. Mr Hay said: “Although the anxiety the accused and his partner has suffered from the pleading diet in September, six months to a year, the additional level of anxiety he faces is because of his profession as a doctor.”
Following a short deliberation, Sheriff Corke said: “I am taking into account the repeated incorrect assurances by the Crown and in the circumstances I am going to refuse the Crown motion.” The case against Dr Falzon was subsequently deserted and the medic walked free from court. A Crown Office and Procurator Fiscal Service spokesperson said: “We are considering the decision of the court.”
Dr Falzon was alleged to have driven a vehicle when in a position that he did not have proper control of his vehicle or have full view of the road and was masturbating while driving at Lothian Road, Edinburgh, on April 29 last year. He was also alleged to have committed an act of public indecency and did masturbate while driving a vehicle on a public road at the same location on the same date.