THE Crown Office has re-issued charges against an MP accused of kicking a pro-independence campaigner after a previous trial collapsed because the word "Glasgow" was not included in court papers outlining the charge.
Labour MP Marie Rimmer had been accused of assaulting Patricia McLeish on the day of the Scottish independence referendum at the entrance to Shettleston community centre, Amulree Street, then being used as a polling station, and kicking her on the body.
The 68-year-old, a former leader of St Helens Council in Merseyside, denied the charge and appeared at Glasgow Sheriff Court nearly two weeks ago for the trial.
The case started briefly before being halted when the prosecutor noticed that the word “Glasgow” was not included on the document known as a complaint outlining the charge.
Sheriff Brian Adair ruled that the case should be dismissed due to the lack of location in the charge.
Now the Crown Office, which believes the case should not have been dismissed, has confirmed that the complaint has been reissued and papers to re-raise the case have been lodged with the court.
Prosecutors decided to re-issue charges as plans to go through the appeal process would further delay the case.
An initial hearing is expected at Glasgow Sheriff Court on Thursday.
Prosecutors are anticipating a new trial with a presumption that there will be another not guilty plea.
Ms Rimmer, who was elected as an MP in May after a lengthy political career, had been in Glasgow with Labour colleagues campaigning for a NO vote when the alleged incident happened.
The MP denied kicking Patricia McLeish, 51, in the shin at the entrance to the community centre on September 18.
The initial charge read: “On September 18, 2014 at the entrance to Shettleston community centre, Amulree Street, then being used as a polling station you did assault Patricia McLeish and did kick her on the body.”
At the original trial, Depute Fiscal Adele MacDonald said in insisting the case should proceed, that her research on the internet showed that there was only one Shettleston in Scotland, and that is the area in the east end of Glasgow.
However, Liam Ewing, defending Ms Rimmer, asked Sheriff Adair to dismiss the complaint.
He said: "The locus of a complaint is one of the fundamentals of a summary complaint."
After a 40-minute adjournment, Sheriff Adair ruled that the case was dismissed due to the lack of location in the charge.
He said: "I determine that the complaint is fundamentally nil and is dismissed."
He told Ms Rimmer: "You're free to go."
Ms Rimmer, who was brought up in St Helens, worked in procurement and health and safety before joining the Labour party.
She has served on St Helens Council for 30 years, including as the local authority's leader, before becoming MP following the general election in May.
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