A man accused of assaulting his gay partner and driving into him on a pedestrian crossing walked free from court today (Tuesday 1 September) because blundering prosecutors had forgotten to sign his charges.

James Gibson (34) was in the dock all ready to face trial, with witnesses waiting to take the stand, when a sheriff noticed the omission.

Gibson had already confirmed he was pleading not guilty when Sheriff Richard MacFarlane spotted that the complaint - the crucial document in summary cases by which the prosecution lays charges - had never been signed.

He said, startled: “I’m looking at the complaint - it seems to have survived several callings [preliminary hearings] but it doesn’t appear to have been signed.” The procurator fiscal depute due to conduct the trial, Samantha Brown, confirmed: “It just falls, then.” Turning to Gibson, the sheriff said: “I’ve just noticed something that’s really rather important, and these things do happen occasionally, but there appears to be no signature on this document, and if there’s no signature where it should be, then it’s not before the court.

“You’re free to go.” Gibson, of Pembroke Street, Larbert, had been accused of assaulting his partner, Martin McLees, who is also known as Martin Prisco, at a house in Church Street, Stenhousemuir.

It was alleged he seized hold of Mr McLees by the body, struck his foot with a door, struck him repeatedly with the door, and stole a pair of shoes.

Thereafter, in Union Street, Stenhousemuir, it had been alleged that at the wheel of a blue Peugeot 206 convertible, Gibson drove at Mr McLees, failed to slow down, and collided with him as he was crossing the road on a pedestrian crossing.

This was alleged to have been either dangerous driving, or, alternatively, assault.

The incidents were alleged to have occurred on 30 May 2015. It is understood Mr McLees was not hurt.

After the case was dismissed, Gibson and Mr McLees left Falkirk Sheriff Court together.

Gibson ignored a reporter’s request for him to comment. Mr McLees did not comment either.

Defence solicitor Simon Hutchison, who represented Gibson, said: “An unsigned complaint is a fundamental defect - it cannot be cured.” A source said: “What happened was not the fault of the depute fiscal in court. The complaint should have been signed when the case started, many weeks ago.

“The surprise is that the error wasn’t noticed until now.

“It’s a major mistake for the prosecution to have made. In this case Mr Gibson and his partner have got back together and it all seems to have happened during a lovers’ tiff, but it was an allegation, albeit denied, of domestic violence, and that is a matter the Crown are supposed to take deadly seriously.

“The guess is that Mr McLees can look after himself pretty well, but suppose it happened again and it was a battered wife whom prosecution let down like this?

“It would be dreadful.” On Tuesday night the Crown Office insisted the case had not been dropped.

A spokesman said: “We recognise the error made on the complaint today and will seek to re-raise the case again as soon as possible.”