Scottish smack-attack accused to face Australian court
Source The Age A Scottish man accused of indecently assaulting a Melbourne teenager five years ago will be extradited to Australia after the Scottish government this week signed off on the request.
But James O’Brien McCulloch claims he is being used as a political pawn by authorities, after Victoria Police was criticised in the media last year for not pursuing his extradition in part because of the cost.
The 53-year-old labourer was arrested at his home in Dundee on July 2 and informed of the extradition order, five years after the alleged assault of a 17-year-old girl outside her Sunbury home in 2005.
McCulloch, a former Australian resident, claims he was drunk when the girl yelled a racist remark at him and he retaliated by “lifting her skirt and smacking her on the arse”.
Now the charges against him have been upgraded to one charge of assault with intent to rape, two charges of indecent assault and one charge of common assault, which he says are completely out of touch with his actions on the night.
Documents show Scotland’s Cabinet Secretary for Justice Kenny MacAskill signed off on the extradition order on July 20, and McCulloch believes he will arrive in Australia within the next six weeks.
McCulloch, who insists he has always been willing to come back to Australia to face the charges did not have the money for the airfare, did not oppose his extradition.
“I’ve seen my lawyer today who said there’s nothing I can do, the police can come arrest me any time and whisk me away to Melbourne which I think is wrong. I’ve never been in trouble before and this is all new to me,” he said.
“I hope the truth prevails in the end … I feel I am being used as a political pawn.”
McCulloch is also the main carer of his two elderly disabled parents and a teenage daughter in Scotland and is worried what will happen to them in his absence.
Without a lot of cash, he also fears he will get sub-standard legal representation.
The case caused an outcry in September last year when it was revealed McCulloch was living free in Scotland and Victoria Police was not pursuing his extradition in part due to cost.
However the following month Chief Commissioner Simon Overland said police were rethinking their approach to a possible extradition after the alleged victim, who initially signed a statement withdrawing the complaint, said she wanted him to return to face court in Australia.
Earlier this week McCulloch said he and a friend had been drinking on the night of the alleged assault in 2005, and were walking along a street behind the 17-year-old girl when the incident occurred.
“We were talking and she turned around and mentioned Scotland. And she says ‘Well go back to Scotland then, you Scottish bastards’. And I just lost it. I lifted the skirt and I tried to smack her arse,” he said, adding his hand did make contact with her.
“It wasn’t a hard one, I’ve been brought up not to hurt a female.
“She says that she fought for her life. If that was the case she would’ve had bruises on her.
“I had a few drinks at the time and it was a racist remark about being Scot, you know what I mean.
“Now five years down the line I’ve got two charges of indecent assault and assault with intent to rape.”
McCulloch was initially charged with one count of indecent assault in 2006 but says he travelled back to Scotland before the case reached court because his mother-in-law was dying.
He claims he subsequently sent his mother-in-law’s death certificate to Victoria Police at the time asking if the matter could be dealt with in any other way.