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Patricia Henry: Family of murdered Paisley woman ‘tortured’ by court delays

Online Niel October 30, 2024

The family of murdered Paisley woman Patricia Henry say lengthy court delays have left them “in limbo” while her killer was free to walk the streets.

Patricia, known to friends and family as Patti, disappeared from her flat in Girvan, South Ayrshire, in November 2017.

Following a large-scale police investigation, George Kenneth Metcalff, her neighbour, was found guilty of raping and murdering the 46-year-old in July 2019.

For years, the family waited for a trial that was repeatedly postponed.

Despite the overwhelming evidence against Metcalff, he was released on bail during the Covid pandemic, leaving the family feeling vulnerable and tormented.

“It was torture, absolute torture,” Patti’s cousin Jacci Macarthy told Scotland Tonight.

“I was living in limbo, with no idea what happened to Patti as she walked the streets.

“Knowing that he was there, walking free while we were grieving, was unbearable. It added another layer of trauma to an already devastating situation.”

Patti's cousin Jacci McCarthy says the lengthy court delays have been — Patti’s cousin Jacci McCarthy says the lengthy court delays have been “absolute torture”. STV news

After two and a half years of waiting, the process finally started in October 2021.

However, the family faced the harsh reality of sharing space with Metcalff in court, a situation they felt was unfair to the victims and their families.

“Having to go into court with him was despicable. It should never happen, especially in such serious cases. It was very difficult, especially in a case as serious as this – murder, rape, sexual assault.

“Family members or victims should never have to sit next to their accusers in court. It should never happen, Covid or not. It’s despicable.

“There were days when Metcalf walked around with his family like he didn’t have a care in the world while we were struggling emotionally, our feelings all over the place.

“Meanwhile, he went out to lunch with his family, laughing and having fun while we were devastated.”

Jacci stressed the need for reforms within the justice system to address the emotional strain caused by protracted legal trials.

“The system needs to recognize the impact these delays have on families like ours. It’s not just about the process; it’s about the people left behind who are waiting for answers,” she said.

“The trial was supposed to take place much earlier, but we faced constant delays. We have received numerous phone calls from the High Court informing us that it has been postponed. There were various first diets, second diets and various hearings.”

Jacci said the wait for justice was “absolute torture” for the family.

“You’d tell Patti’s mum Annie and the wider family that it was delayed again, it was heartbreaking,” she said. “I had no idea what happened to Patti, and this man was walking the streets.

“At that time, I kind of understood that you wouldn’t want someone accused of murder to get Covid.

“He was an elderly man and the last thing our family wanted was for him to get sick or die before we had a chance to face him in court and get justice for Patti. So to a certain extent I understood that, but not for the time I was in limbo.”

Jacci also feared that the other women who came forward would withdraw from the proceedings because of the delays.

“We were aware of the other victims – women who suffered domestic abuse, violence and sexual assault (at the hands of Metcalff).

“We were worried that these women might say, ‘I can’t do this anymore,’ given the time they had to wait to present such horrific evidence in court.

“We were continuously disappointed and understood that this is an unprecedented situation – we have never experienced anything like this before.

“It just went on and on.”

Metcalff died aged 74 at HMP Barlinnie on August 30, three years after his 23-year sentence. He never revealed to Patti’s family what he did with her remains.

Patti Henry's family outside court — Patti Henry’s family outside court STV news

Justice Secretary Angela Constance said: “I recognize that any delay for any victim or witness is unsatisfactory. We want the justice system to work for everyone – for everyone whose life is touched by the justice system.

“The Scottish Government continues to work very hard with our justice partners to deliver meaningful reform programmes. This has been supported by £180m of investment and is making an impact.

“The system, as expected, is still recovering from the COVID-19 pandemic. Law enforcement agencies have always been very clear and transparent that it will take several years. But we also know that the demand – particularly in terms of what goes through the Crown Office in terms of prosecutions based on the cases the police are pursuing – is resulting in a new level of increased demand on our justice system.

“From the maximum number of outstanding studies – when it exceeded 40,000 – we saw a reduction of 46%, which is welcome. There is, of course, more to do. Sheriff and jury trials are about where we would expect them to be now in terms of the progress we need to make in terms of summary cases to be tried in 2024-25, but because of the new level of application to the High Court, the High Court will not return to its anticipated backlog until 2026.

“We have shifted resources and invested more resources to create more trial capacity, particularly in High Court trials, because that is where we see the worst cases and that is where we would expect the victims to have suffered the most bad as a result.

“I don’t deny for a minute that there is more progress to be made. That’s why initiatives such as the ability to share digital evidence are a global first for Scotland. This is why new innovations in summary case management are essential, as they are all about ensuring that cases can be resolved sooner. We are seeing progress in parts of the country that have pioneered these initiatives.”

Watch the full report, Scotland Tonight in the Spotlight: Awaiting Justice on STV Player.