Greenock Cemetery murder trial is halted by judge

Proceedings came to an abrupt halt yesterday, barely two hours into an anticipated fortnight-long hearing, after a jury member indicated that she knew an important Crown witness.

A number of other people on the High Court panel were understood to have Inverclyde connections and there was concern about maintaining enough of them for the entire hearing.

Temporary Judge Johanna Johnston QC yesterday granted a motion to discharge all jurors and re-start the case – which is being heard in Paisley – afresh today.

The move came in the wake of the court having heard evidence from three witnesses and following private discussions between the Crown and defence QC Brian McConnachie.

Judge Johnston told the jury: “One of your number has knowledge of a witness.

“This is not uncommon and we try to guard against it but it is not guaranteed.

“You will now be discharged and we will re-start with a new jury.”

The law dictates that the number of jurors — normally 15 in Scotland — cannot drop below 12 and the judge said that it was ‘very early’ in the case to lose one.

Accused man Scott Rooney, 20, is charged with murdering 56-year-old Mr Mearns by hitting him on the head with a brick or similar object.

Prosecutors say that the alleged attack took place within the grounds of Greenock Cemetery on the evening of July 30 last year.

Mr Mearns was rushed to Inverclyde Royal Hospital after being found lying seriously injured but medics were unable to save his life and he died the following day.

Police Scotland’s Major Investigations team declared the matter a murder inquiry on August 1 last year and made an arrest in the case around three weeks later. 

The move came in the wake of an intensive probe involving a 40-strong team of officers who spoke to more than 2,000 people in huge ‘stop and question’ operations near the cemetery.

Accused Rooney, of East Street in Greenock, denies murder.