by Alex Dowdalls 

A MAN accused of sexually attacking an eight-year-old girl in Clydebank has walked free from court after the trial collapsed.

Dylan Stevenson, 20, of an address in Paisley, was on trial for three days in front of a jury at Dumbarton Sheriff Court.

But following the closure of the Crown case this morning, defence agent Gordon Ritchie made a submission on Mr Stevenson's behalf that their was no case to answer and that there was insufficient evidence that he had committed the crime he was charged with.

It had been claimed he inappropriately touched her private parts repeatedly, at a house in Clydebank, on December 19, 2015.

His defence solicitor argued his client touched her shoulder and there was no medical evidence to convict him, something the Crown had to accept. Mr Stevenson was found not guilty.

The girl, who is now nine, gave evidence on the first day before a jury of then eight women and seven men, via a video link to a closed courtroom, with the public excluded.

Questioned by prosecutor Sarah Healing, the young girl, who cannot be identified for legal reasons, said: "He touched me twice on my privates with his finger."

Asked by Mr Ritchie if she might have been mistaken as to what was alleged, the girl said: "I don't know what hand it was, all I know it was his pointing finger. It did happen, he did do it."

The young girl's 19-year-old sister, sobbing repeatedly in court, said in evidence: "When I saw her she was a shaking mess, legs curled up to her chest and really crying. I had never seen her like that before. She was crying her eyes out. She was frozen and asking for mum. I just called the police because I didn't know what else to do."

The jury were sent home last Wednesday after one of the female jurors failed to appear after an overnight illness. The trial resumed on Thursday when Sheriff William Gallacher, in agreement with the Crown and defence, agreed to continue with a reduced jury of 14.

The Crown case was concluded with the evidence of 38-year-old Sarah Jane Reid, a Scottish Police Authority forensic scientist, who had examined the DNA samples in the case.

Quizzed by Ms Healing, the expert witness, said: "Fingernail swabs had been taken from Dylan and tested negative for blood. The only DNA found on his right hand was that of his own.

"DNA swabs were taken of his left hand, and again were negative for blood, but there was DNA matching both Dylan and the girl."

Cross examined by Mr Ritchie, the forensic scientist said: "There was a high level of certainty that it matched the girl's DNA, but not 100 per cent."

Asked, Did you find any on his right pointing finger, she replied: "No."

"What about his left finger?", asked Mr Ritchie. She replied: "Given there was a timescale of 12 hours from the alleged incident before the swabs were taken, I can't be certain. Ideally I or a colleague would have been at the scene that evening, but we can't be everywhere."

Mr Ritchie then said to Ms Reid: "I am going to suggest the conclusion in your report, which was so generous to the prosecution as to how the girl's DNA got onto Dylan's hand was more likely through his explanation that he touched her shoulder as opposed to her explanation. Do you agree with the defence scenario given the new information I have put to you?"

Ms Reid said: "Given that new information, my report would have to be updated, so yes."

Ms Healing formally closed the Crown case.

Outwith the presence of the jury Mr Ritchie tabled four previous cases in Scots Law to the sheriff and submitted that there was "no medical evidence" to convict his client.

He said: "There is insufficiency in evidence."

The depute fiscal, after a brief adjournment, agreed with the defence agent and Sheriff Gallacher formally found Mr Stevenson not guilty.

Outside the court, Mr Stevenson, as he was leaving, declined the offer to make any comment.