Galloway's stalker freed

And the Crown Office have vowed to review anti-stalking legislation as a result.

Concert pianist Graeme McNaught, 54, had faced five charges of acting in a threatening and abusive manner and placing the award-winning writer in a state of fear and alarm.

During evidence at Hamilton Sheriff Court, he was declared unfit to stand trial.

After an examination of the facts, Sheriff Ray Small found McNaught – Ms Galloway’s ex –had acted in a threatening and abusive manner.

But the sheriff said his hands were tied and he had no option but to free the Royal ­Conservatoire of Scotland lecturer.

And just hours after the case concluded, it is claimed McNaught turned up at Ms Galloway’s Lanarkshire home “to see if we can be friends”, The police were called but said today (Wednesday): “No crime has been established.” Former Ardrossan Academy pupil Ms Galloway, 58, broke down in tears in court as she said she feared being a victim of ‘revenge porn’ after Mr McNaught said in an email he had naked photos of her pregnant and planned to show them at an art exhibition.

But concerns over McNaught’s mental health had seen the trial originally halted.

The court heard how three reports following a medical examination of Mr McNaught by a doctor and a psychiatrist showed there was “no need” for a non-harassment order.

Sheriff Small said there was “the understanding” that he keep in contact with the mental health group he was attending “on a voluntary basis for support” and that if they notice a change in his mental health “they can take action themselves”.

After the case, Ms Galloway hit out: “I am extremely let down by this present state of affairs. A great many other women must be, too.

“I am extremely dismayed and, given that the police in Scotland are presently attempting to press for greater justice for victims of stalking, shocked that Sheriff Small is left with no legal option to enforce any kind of order, despite his judgment upon the findings that Graeme McNaught did indeed commit the acts of harassment (stalking) with which he was charged. It must be the case that I am not the only woman in this position.

“At the root of this impasse lie two psychiatric reports, commissioned by the court, which directly render any order - medical or legal - impossible.

“This in turn, with no reference to evidence or the history of the case, effectively leaves Mr McNaught free to continue his harassment of me, my publisher, my agency, my friends and, most importantly, my family with no way forward.

“Indeed, it has already, a matter of hours after the impasse, already started.” As we went to press, it was reported that the Crown Office now planned to review anti-stalking legislation for any “gaps” as a result of the case.

A Crown Office spokesman said: “We note the sheriff’s decision to make no further order. Crown Counsel are carefully considering the sheriff’s judgement. This was a complex case which raised a number of novel issues.

“The Crown Office Procurator Fiscal Service national stalking lead and other officials will review the issues which arose, including consideration as to whether there are legislative gaps in this area.” McNaught had been involved in a six year on-off relationship with Ms Galloway during which their son James, 22, was born.

Yesterday, Mr McNaught told a national newspaper he had “no mental health problems whatsoever”.

He was reported as saying: “I admitted I carried out the acts, I told them exactly what I had done. A voluntary keeping in contact with mental health practitioners means I can if I want and I can stay away if I want. I don’t have to go anywhere near the doctors because it is voluntary but I have chosen to do it in order to please Janice Galloway.” Ann Moulds, of Action Scotland Against Stalking, said: “This was a miscarriage of justice and what appears to be a complete lack of understanding about this crime by the sheriff.

“This is a tragic case that should never have been allowed to happen. This is not justice.”