US fugitive Nicholas Rossi refused to leave prison to attend his extradition hearing - but the case was adjourned for nearly four months despite the no-show.
Ross, 35, is fighting a bid to return him to the United States to face a number of charges, including rape, and was supposed to attend in person.
A week-long hearing was due to begin on Monday, but Edinburgh Sheriff Court was told Rossi “refused to get in the prison van”.
His lawyer later said Rossi was suffering “psychological distress” and his mental health had been worsening in recent weeks.
Sheriff Norman McFadyen granted a prosecution motion to proceed in the accused’s absence after being told Rossi shouldn’t be allowed to delay the case by “being disruptive”.
But Rossi’s non-appearance proved to be irrelevant after Sheriff McFadyen then agreed to adjourn the full hearing until June 26.
Rossi’s KC, Mungo Bovey, argued the defence weren’t properly prepared as their expert witnesses had not compiled their reports.
Sheriff McFadyen said it was “to say the least unfortunate” that an adjournment was needed, but he was persuaded it was “in the interests of justice”.
The sheriff raised the possibility that Rossi might fire his lawyers in the interim - something he has done repeatedly during the last year.
Sheriff McFadyen said if Rossi were to “part company with his legal team” then the accused should be ready to proceed “represented or unrepresented”.
The sheriff said it was his “firm expectation” that the June hearing go ahead.
The court was earlier told expert medical, prison and legal reports were being sought by the defence.
Mr Bovey said he “very much regretted” the reports weren’t ready because of the “disruption” caused.
He added the delays were affecting Rossi, who was showing a “degree of psychological distress which is apparently exacerbated by the court proceedings and being incarcerated”.
With regards to his client’s mental state, Mr Bovey said: “Things have really been getting worse since the hearing in February.”
The KC said Rossi’s deterioration in mental and physical health would be part of the defence’s “oppression” argument.
The defence would also highlight the possibility that Rossi could face further charges if extradited to the US, he added.
Rossi was arrested at Glasgow’s Queen Elizabeth University Hospital last December while receiving treatment for Covid-19. He was detained on the original extradition warrant over an alleged 2008 rape in Utah.
During an extradition hearing in November, Sheriff McFadyen blasted Rossi’s claims to be an innocent Irishman called Arthur Knight in his ruling on Rossi’s identity.
He called Rossi’s allegation he was tattooed while in a coma in the Glasgow hospital to frame him as “implausible and fanciful”.
The sheriff said Rossi’s “highly suspicious” change of names in recent years was “consistent with someone who was hiding from someone or something”.
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