A hospital porter who was assaulted by a work colleague has expressed his fury after the case against his attacker was dropped due to a legal bungle.
Robert McLellan has not seen justice over the attack, which took place at his workplace, when he was punched while on shift at Paisley's Royal Alexandra Hospital.
A dispute between the pair led to the attack on March 6 2020 at the Corsebar Road hospital's Porter's Lodge.
The incident was captured on the hospital's CCTV system.
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But blunders in the prosecution of the case led to it being thrown out when it reached court.
Scotland's Lord Advocate Dorothy Bain, QC, has admitted there were "failings in this case".
She made the remarks in a letter to MSP Jamie Greene, after he was approached by furious Mr McLellan when his case was thrown out at Paisley's Justice of the Peace court.
It came after a bungle between Police Scotland and the Crown Office and Procurator Fiscal Service meant that a vital certificate needed to endorse the CCTV footage - a key piece of evidence in the case - was never produced.
In the document from Ms Bain - Scotland's top prosecutor, to Mr Greene - seen by the Express, the lawyer states: "The certificate establishing the provenance of the CCTV footage should have been lodged by the Police with the Procurator Fiscal's Office as a production, in order for it to be disclosed to the defence.
"For reasons unknown this didn't happen. Although the Procurator Fiscal's office had issued a reminder to the police for this to happen, the omission of the certificate was then overlooked when the CCTV footage was being disclosed and the case prepared for trial."
It only emerged at the Paisley trial in August 2021 that the "certificate was not with the CCTV disc".
Ms Bain added: "I am advised that the defence solicitor initially said they would agree this evidence but then refused to do so, as a result of which the Procurator Fiscal depute made a motion to adjourn the trial to resolve the situation.
"This was opposed by the defence and refused by the Justice of the Peace, despite it being the first time the case had called for trial."
The case was deserted by the JP in the wake of the case, meaning the accused walked free.
Mr McLellan, 56, of Dalry, hit out over the prosecution of the case.
He told the Express: "Nobody has listened to me throughout this process. I have just been told the case is now over and there's nothing we can do about it.
"This guy has just got away with assaulting me and that's it."
A spokesman for the Crown Office and Procurator Fiscal Service confirmed the outcome of the case, saying: "The Crown made a motion to adjourn the trial on 11 August to obtain a certificate related to CCTV evidence. This motion was refused by the court and the case was thereafter deserted simpliciter by the court.
"The case is now closed."
A spokesperson for unrepentant Police Scotland said simply: "A complaint was received and the matter has been dealt with. Mr McLellan was informed of the outcome."
NHS Greater Glasgow and Clyde said they have also completed a probe into the altercation.
A spokesperson said: "A full internal investigation was completed and staff members continue to be supported."
