Patricia Henry: Family of murdered Paisley woman subjected to ‘torture’ as trial delays

The family of Paisley murderer Patricia Henry say prolonged delays in the trial 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 an extensive police investigation, George Kenneth Metcalff, her neighbor, was found guilty of the rape and murder of the 46-year-old in July 2019.

The family waited years for the trial, which was repeatedly postponed.

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

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

“We were living in limbo, having no idea what happened to Patti as he walked the streets.

“Knowing that he was there and that he could walk free while we grieved was unbearable. This added another layer of trauma to an already devastating situation.

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

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

“Having to go to court with him arm in arm was despicable. Something like this 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 or victim members should never be forced to stand alongside defendants in court. This should never have happened, Covid or not. It’s disgusting.

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

“In the meantime, he was out having lunch with his family, laughing and having fun while we were devastated.”

Jacci stressed the need for reforms in the justice system to address the emotional strain caused by prolonged court trials.

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

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“The hearing was scheduled to take place much earlier, but we faced constant delays. We have received numerous calls from the Supreme Court informing us that the hearing has been postponed. There were different first diets, second diets and different auditions.

Jacci stated that waiting for justice was “absolute torture” for the family.

“It was heartbreaking to inform Patti’s mother, Annie, and the wider family that the ceremony had been postponed again,” she said. “We had no idea what had happened to Patti and this man was walking the streets.

“During that time I understood to some extent that you wouldn’t want someone accused of murder catching 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 stand with him in court and get justice for Patti. I understood it to some extent, but not for as long as we were on hold.

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

“We were aware of other victims – women who were victims of domestic violence, violence and sexual assault (by Metcalff).

“We were concerned that these women might say, ‘I can’t do this anymore,’ given the time they had to wait to give such terrifying testimony in court.

“We were constantly discouraged and I understood that this was an unprecedented situation – we had 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 serving a 23-year sentence. He never revealed to Patti’s family what he did with her remains.

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

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

“The system, as expected, is still in the recovery phase following the Covid-19 pandemic. Justice agencies have always been clear and transparent that this will take several years. But we also know that demand – particularly in terms of what is happening at the Crown Office to prosecute police cases – is driving a new level of increased demand in our justice system.

“For the highest number of backlogged tests – over 40,000 – we have seen a reduction of 46%, which is to be welcomed. There is of course more to do. Sheriff and jury trials are almost where we would expect them to be right now in terms of the progress we need to make on the summary trial cases that will be heard in 2024-2025, but due to the new level of demands On the part of the High Court, the High Court will not return to the projected number of pending trials until 2026.

“We have reallocated resources and put more of them into creating more trials, particularly in the High Court trials, because that is where we deal with the most serious cases and where we expect victims have experienced the greatest harm.

“I don’t deny for a moment that there is still a lot to do. That’s why initiatives such as the ability to share digital evidence are a global first in Scotland. Therefore, new innovations in summative case management are essential as they aim to ensure early resolution of cases. We are seeing progress in parts of the country that are leading the way in terms of these initiatives.”

Watch the full Scotland Tonight Spotlight: Waiting for Justice report on the STV player.