Camelon former GP faces trial over assault claims

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An ex-university GP from Camelon allegedly touched and held two male patients’ genitals on various occasions when it wasn’t medically necessary.

In the case of one of the alleged victims, it is claimed he also massaged the man’s groin - again when not medically required.

Former doctor Allan Buchan (57), of Camelon, who will be tried at Stirling Sheriff Court, pleads not guilty to both charges of assault.

The allegation is that the victims were the subject of physical assault by Buchan’s actions, not sexual assault.

Yesterday the case had to be postponed when doctors’ handwriting that was to form part of the proceedings could not be fully deciphered.

The accused had been due to face trial later this month, but prosecutor Michael Maguire asked for a four-week delay to allow the Crown to complete the disclosure of the relevant medical records to Buchan’s defence team, as is required by law.

Stirling Sheriff Court heard that some records had already been disclosed, but handwritten entries had not - because of the scrawl employed by doctors at the practice at the time.

Mr Maguire said: “They are manuscript entries.

“It is impossible for a laymen’s eyes to work out who the author was - it might be the accused or it might be one of his colleagues.”

Mr Maguire, the depute fiscal, added that the handwritten doctors’ notes were legible “to an extent”.

He said he thought the simplest way round the problem was to ask the alleged victims if they would consent to the disclosure of all their medical records from the period, not just entries made by Buchan.

The Crown therefore required more time to obtain this consent.

Sheriff Wyllie Robertson said the Crown had been “not very efficient”, and asked why prosecutors had already disclosed some of the medical notes, but not all of them.

Referring to the European Union’s General Data Protection Regulation that came into force in May, he said “Don’t tell me it’s GDPR.

“I think the Crown have to come to some decisions here.

“I don’t understand the reticence at disclosing these manuscript writings when you’ve already disclosed some medical notes.

“I think you really have to crack on with this rather than continue to guddle about.

“Wringing hands isn’t going to help.”

Buchan’s solicitor, Simon Hutchison, said the defence was not objecting to the requested postponement.

He said: “There may have been a justification for the doctor’s actions at the time, and that can only be seen from the handwritten notes.”

The Crown motion to postpone the trial was granted.

Sheriff Robertson set a new trial date for November 22, and ordered a further preliminary hearing to take place on October 24, to ensure the issue of the handwritten notes has been resolved.