A SHERIFF has ruled a concert pianist did harass the best-selling author Janice Galloway but he will not have a criminal conviction due to his mental health.
Graeme McNaught, of Mount Vernon, Glasgow, was on trial at Hamilton Sheriff Court and faced five charges of acting in a threatening and abusive manner and placing Ms Galloway in a state of fear and alarm. He denied all the claims against him.
Ms Galloway and Mr McNaught, 54, had previously been in a relationship. They met in 1990 and had a six-year on-off relationship during which their son James, 22, a London-based graphic designer, was born.
Mr McNaught had been on trial but concerns over his health had seen a sheriff order a medical examination to be carried out on him by a doctor and a psychiatrist.
They both said he was not able to continue because of the effect the court case was having on him.
The jury were discharged and Sheriff Ray Small yesterday conducted an examination of facts before he ruled Mr McNaught did commit the acts he had been charged with.
The pianist has been ordered to return to the court next month after the sheriff called for reports.
Yesterday depute fiscal Imran Bashir said: "You have heard all of the evidence and have had the chance to review it. I would ask you accept the evidence given in court.
"The witnesses were doing their best to be truthful and honest in court. I would ask you to accept all of their evidence and ask you to find Graeme McNaught did commit the offences that remain on the indictment."
Defence lawyer Desmond Ziola said: "If there is anything that causes you to have any reasonable doubts about any of the evidence heard in this court, then you have to consider the facts have not been established in this case."
Sheriff Small said: "As has already been established I am required to examine the evidence to see if I can be satisfied beyond reasonable doubt that the accused committed the actions libelled on the five charges remaining on the indictment.
"I have focused on the Crown witnesses and the taped interview of Mr McNaught and to a lesser extent the evidence given by the accused in person.
"Credibility and reliability is important and I do not think any Crown witness came to deliberately lie and I have no difficulties with any of them."
Sheriff Small then told Mr McNaught he was satisfied five charges had been proven against him. He had originally faced a total of 10 charges.
He added: "This is not a criminal conviction but I will have to call for reports for a recommendation on how to dispose of this matter."
The two-week trial had seen Ms Galloway, her son James, and her husband Jonathan May give evidence.
The 58-year-old author, of Uddingston, Lanarkshire, had broken down in tears as she told how she feared being a victim of "revenge porn" after Mr McNaught said he had naked photos of her pregnant and planned to show them at an art exhibition.
In emails, Mr McNaught wrote: "I have photos of you, a couple of naked pregnant shots, which I am happy to copy and hand back - it could be your page 3 moment. There is, if not money, artistic capital in plenty to be had from seeing them beautifully framed and hung."
She added: "Have you heard of 'revenge porn' where ex-boyfriends post pictures of women who they have had relationships with on the internet?
"It felt like an early version of that. It was an utter dismissal that my attachment to him over the years had any meaning at all and it felt lousy. It was hellish."
Mr McNaught told the court he hoped to re-kindle his relationship with his former partner. He said: "I have an aspiration to be friends with Janice once again. I have been making an effort with her for a very long time. I am hopeful a friendship or something of that nature can come of this, I never say never."
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