A MAN accused of murdering schoolgirl Caroline Glachan in Renton more than 25 years ago looks set to spend more than two years on remand awaiting trial.

Robert O'Brien, 44, along with Andrew Kelly and Donna Marie Brand, who are both 43, deny murdering 14-year-old Caroline close to her home on August 25, 1996.

But the High Court in Edinburgh was told that Mr O'Brien had been on remand since last November waiting for a trial date to be set.

A trial was fixed for November 2023 - meaning that Mr O'Brien will have spent two years behind bars without trial by the time the case eventually comes before a jury.

At a procedural hearing at the High Court in Edinburgh, judge Lord Braid expressed concern at the lengthy wait - which he was told was down to a lack of available senior lawyers.

Friday's hearing was told that a trial involving 11 accused was due to take place in September, leading to a lack of available KCs (King's Counsels) at that time.

On Friday, Lord Braid asked KCs Iain Duguid, representing Mr O'Brien, and Ronnie Rencci about progress in the case.

Speaking about the prospect of a trial in November 2023, Lord Braid said: “I am uncomfortable about fixing a trial which I think is 13 months away when someone is in custody. 

“One of the reasons that there were so many KCs admitted this year was to alleviate this very problem, was it not?”

Mr Renucci, the Vice Dean of the Faculty of Advocates, replied: “But there were only four appointed to the defence bench.  

“Unfortunately all of those who were instructed have already got busy diaries.

“In my respectful submission it is unlikely that the appointment of the new KCs is going to make any material difference.”

Prosecutors claim that on various occasions between June 1, 1996 and August 25, 1996, Mr O’Brien, who is originally from Dumbarton, assaulted Caroline at locations in West Dunbartonshire.

These include Balloch Country Park and Renton, Vale of Leven and “elsewhere in Dunbartonshire”.

It is alleged that on those dates, Mr O’Brien assaulted Caroline by punching, slapping her face and by placing his hands around her neck and compressing her throat.

Prosecutors claim that he pushed Caroline, who was  a pupil of Our Lady and St Patrick’s High School in Dumbarton, against a wall before forcing her arm up her back.

It is alleged that he then threatened her with violence. 

Prosecutors claim that on August 25, 1996, at the towpath beside the River Leven between Renton and Bonhill, the three accused, “whilst acting together”, arranged to meet Caroline at a nearby bridge.

It’s alleged that the three accused assaulted Caroline, shouted and swore at her and repeatedly punched and kicked her on the head and body.

Prosecutors claim that the trio threw bricks or “similar instruments” causing blunt force injuries to be inflicted to her head and body.

It’s also alleged that they caused her to fall into undergrowth and rendered her unconscious before pushing her into into the river. Prosecutors claim the three accused murdered Caroline. 

On Friday, lawyers for the three accused entered not guilty pleas to the charges.  Special defences of alibi were lodged for the first and third accused. Both Mr Kelly and Ms Brand live in the Dumbarton area.

During proceedings on Friday, Lord Braid said he had “concerns” about fixing proceedings for later next year. 

He asked: “Mr Duguid, how long has your client been in custody for?”

Mr Duguid replied: “I was going to say that I understand your lordship’s concerns. 

“He’s actually been in custody from November 25, so a trial on November 24 would be two years following his remand. 

“It is probably an extraordinary duration to await trial. 

“But the matter is a difficult one. I was thinking Mr Renucci had explained it in its entirety. 

“For the first accused it’s a position he doesn’t wish to be in - sitting in custody for two years awaiting a trial. 

“But equally there would be a decision as to whether I can continue to represent him. 

“He may wish me to continue to represent him, and a compromise is going to have to be accommodated somewhere along the line. I recognise that.”

Lord Braid arranged for another procedural hearing to take place in the spring.

He added: “The court is in a very difficult position given what I have been told is the shortage of senior counsel for the dates in September. 

“It’s a question of balance - whilst it is exceptional that someone is remanded for 24 months. On any view he’d be remanded for 22 if the trial is in September

“And standing the fact that the accused are facing the most serious charge which is a charge of murder, I think the interests of justice point to the date in November. 

“I will fix a trial for November 24 for 15 days but that will be in Glasgow High Court.”

The case will next call at the High Court in Edinburgh on March 13, 2023.