A ROYAL Navy sailor accused of assaulting a door steward outside a Helensburgh pub has walked free from court after a blunder by prosecutors.

Paul Sly was due to stand trial at Dumbarton Sheriff Court on Friday on an allegation of attacking the bouncer outside the now-closed Logie Baird in James Street in March 2018.

But the case collapsed after the Crown admitted that CCTV evidence provided at least four weeks earlier, and supposedly showing footage of what happened, in fact had nothing to do with the incident at all.

Fiscal depute Emma Thomson asked Sheriff Craig Harris to adjourn the trial – partly because of the CCTV footage blunder, but also because the man allegedly attacked by Mr Sly had not turned up to give evidence in the trial.

LATEST HEADLINES: Ardencaple FC backs Helensburgh and Lomond Foodbank at donation drive

Ms Thomson told the court: "I'm not in a position to seek a warrant [for the complainer]. There is one other civilian witness present today, but I cannot proceed without the complainer.

"I was expecting to have CCTV footage of the locus, but that is not the CCTV that I have. The matter is now in the hands of my office.

"The CCTV was lodged with the Crown on an unknown date, though it had certainly been received by November 7. It was viewed today."

Sheriff Harris asked: "So it was discovered today that it doesn't relate to this incident at all?"

Ms Thomson replied: "I think the true CCTV is at the police office. It's not lost, but there has been an error in assigning the relevant CCTV to the case.

"It shows the incident, according to the police report.

"I think it would need formatted, but it would be available for a later date."

READ MORE: Helensburgh drug supplier admits kicking police officer in the head

Ms Thomson said she understood the complainer in the case had moved to a new address, but that she had no record of him being properly cited to come to court.

Ms Thomson also confirmed, in response to a question from the sheriff, that the footage would not be in a format suitable for viewing on Friday.

Mr Sly's solicitor, Andrew Phillips, told the court he was opposing the Crown's motion to continue the case for trial on a later date.

He said: "From my reading of the evidence, it was a very short incident. It was actually the complainer who contacted police.

"Mr Sly suffered a broken leg in this incident and had to have surgery, with a metal plate and pins inserted, due to the steward falling on top of him.

"He's had this difficulty since the incident, and is still dealing with it 20 months later.

"The incident happened in March 2018, and I've had no explanation for the delay since then. The trial date is five months after the pleading diet.

"This would appear to be a fairly insignificant matter. Mr Sly is in full time employment with the Royal Navy, and this matter has hung over him now for the best part of two years.

"I would invite your Lordship to draw a line under this matter today."

READ MORE: Last orders at Logie Baird as Helensburgh pub closes for good

Sheriff Harris said: "I am of the view that the Crown motion to adjourn should not be granted. If the motion was granted, this matter would have been outstanding for some two years by the time of the next trial date.

"If the Crown chose to proceed in the way they have, by raising the charge some 15 months or so after the incident, then they should be aware of the consequences of further delay once proceedings are before the court.

"The delay today appears to sit with the Crown. At the intermediate diet, the Crown stated they intended to proceed to trial; that was perhaps understandable, but it appears that nothing has been followed up in terms of the witness being properly cited.

"In the witness's absence, the CCTV footage has been in the Crown's possession since before the intermediate diet and was not looked at before the morning of the trial.

"Any further delay rests with the Crown and results in prejudice to the accused."

Ms Thomson said she had no further motion to make, and Mr Sly was told the case had been deserted and he was free to leave the dock.

READ MORE: Catch up with all the latest Helensburgh and Lomond news headlines here