THE prosecution of two men accused of breaking into an Inverclyde special needs school could be in danger following a string of blunders by prosecutors.

Greenock Sheriff Court has been told that Crown evidence involving one of the alleged thieves was sent to the lawyer of the other.

And one solicitor had received ‘no disclosure’ of the case against his client by the time the matter was called for trial.

Meanwhile, a witness mix-up resulted in a scenes of crime officer not turning up on the day the case was due to proceed.

The catalogue of mishaps was slammed by Sheriff Derek Hamilton, who warned: “If this is the level of preparation in future then the Crown may find itself in some difficulty.” Accused Greenock men Ian Millar, 30, and James Orr, 29, had been due to stand trial on 8 January on a charge of breaking into the former Lilybank School in Port Glasgow nearly four months earlier.

The pair are also alleged to have stolen a quantity of scrap metal from the additional support needs facility.

Millar’s defence lawyer, Ellen Macdonald, told the court that a witness statement relating to the scenes of crime officer had not been disclosed to her by the Crown.

Solicitor Derek Buchanan, representing Orr, said: “I don’t have any disclosure at all.

“The disclosure relating to my client was sent to Ms Macdonald’s office.” Mr Buchanan added: “It appears that the matter has come off the rails somewhat.” Prosecutor David Simpson told the first diet of trial hearing: “An essential civilian witness — a scenes of crime officer — is not in attendance today. He may have retired.” An irked Sheriff Hamilton replied: “I have noted only two civilian witnesses and that there are executions held for both.” Mr Simpson — moving to postpone the trial — said: “This civilian witness was classified as a police witness.” Sheriff Hamilton declared: “It has to be made clear that even when it is a first diet, the court expects parties to be ready.

“It is not acceptable to say, ‘It’s only a first diet so let’s have it adjourned’. A first diet means that the trial should be going ahead.” The sheriff added: “Now the Crown is coming along and saying, ‘Here’s another witness we didn’t tell you about’.” Millar, of Dempster Street, and Orr, of Weir Street, are now scheduled to stand trial on 11 February.