The Facts of the Case (according to Noel Donaldson)
The case was fairly straightforward. A house in the town had been broken into and a witness had observed a man running from the scene of the crime
The customary examination by the procurator fiscal ran this way…
“Did you get a good look at him” the fiscal asked the witness.
Witness: “Yes sir”
Fiscal: ” Would you be able to recognise him if you saw him again?”
Witness: “I would”
Fiscal: “Do you see him here, today”.
The witness scanned the courtroom and replied: “Yes, sir”.
Fiscal: “Would you please point to him”.
The witness turned and pointed directly at ME!
The accusation triggered a ripple of laughter round the courtroom and while I was contemplating a possible defence, such as “I was at home all night”, the sheriff came to my rescue with the comment- “I think not.”
I can’t recall the verdict, but the chief witness’s erroneous identification would certainly have blown a hole in the prosecution case, I suspect..