A MAN charged with grooming a teenage girl for sex in Inverclyde is in danger of not getting a fair trial, the sheriff court has been told.
Simon Mitchell, 41, is accused of sending indecent messages on various occasions during a period spanning nine months - when the alleged victim was aged 14 and 15.
He claims that he was not aware that the girl was under the age of 16 at the time of the alleged offences.
Prosecutors have lodged a motion to have the teenager excused from giving evidence in court after a trial earlier this year was deserted due to concerns for her health.
The Crown - which has re-raised the indictment against Mitchell - wants to use the alleged victim's police interview only in the case.
Defence lawyer Paul Keenan opposed the motion, stating that it would be 'unfair' for his client's position not to be put directly to her in court.
Mr Keenan told the latest calling of the case: "Age is not something that is referred to throughout the transcripts [of the police interview].
"The complainer says something to the effect of, 'He knew my age'."
Mr Keenan added: "The accused will not be afforded a fair trial if his position cannot be put to the complainer.
"The accused requires an opportunity to put a [defence] production to the complainer.
"The jury would not hear her reaction to the defence production, which I say is compelling.
"This is manifestly unfair when one considers the serious nature of the charges in this indictment.
"It is manifestly unfair for the defence not be able to put certain aspects of the accused's position to the complainer.
"This matter did proceed to trial four months ago and was deserted on its fourth day on Crown motion regarding the complainer's ill health.
"I did oppose the motion but we are where we are."
It is alleged that induced and attempted to induce the teenager to send him indecent images of her naked body.
It is further claimed that he attempted to induce the girl to touch her private parts.
The indictment alleges that Mitchell attempted to meet her 'with the intention of engaging, during or after the meeting, in unlawful sexual activity involving said person or in the presence of said person'.
Prosecutors say that he did this after meeting or communicating with the girl 'on at least one earlier occasion' and whilst not reasonably believing that she was aged 16 or over.
He is accused of committing the alleged offences in Inverclyde between May 2020 and January 2021.
Prosecutor Raeesa Ahmed told the court: "I have an up do date letter and can say there has been a significant decline in her [the alleged victim's] health."
Sheriff James Varney has assigned a diet of debate in the case for July 4.
A jury trial remains scheduled for July 17.
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