Troon mum’s fraud rap trial delayed for the fifth time.

Sep 3 2010 by Lisa Boyle, Ayrshire Post (main ed)

A MUM accused of stealing thousands of pounds of charity cash raised for her sick daughter is claiming she is unfit for trial – because it’ll be too stressful.

It means Rachel Findlay’s case has been put off for the fifth time.

It’s has been almost two years since she was first arrested and charged with stealing more than £30,000 from the Jessica Findlay fund.

The mum-of-one is alleged to have taken the money between March 7, 2008, and November 13, 2008, at Lochgreen Avenue in Troon, HBOS in Troon and Prestwick Airport.

This week at Ayr Sheriff Court, her GP submitted a letter saying the 29-year-old is not fit for trial.

The letter, dated August 26, says: “Unfortunately Rachel remains unwell. She is due to see physicians within the next week or so.”

But depute fiscal Erin Campbell wanted more detail and phoned the GP on Friday morning.

She told Sheriff John Montgomery: “I contacted Doctor Shearer, the author of the letter. It was written on the basis of one meeting with Rachel Findlay.

“I asked why she was physically unable to attend court. She told me the worry is that the stress may – it may – result in her diabetes being poorly controlled and re-hosptalisation.”

Sheriff Montgomery, who was clearly unhappy with the explanation, said: “It is in my mind to ordain this GP and bring her before me because of the conflicting information she is providing.”

The sheriff continued the case until Monday for the defence to determine from the GP Findlay’s fitness, or otherwise, to stand trial.

But on Monday, the GP had confirmed that Findlay is unable to stand trial.

The case was put off for a fifth time until November this year.

The Jessica Findlay Appeal was launched in 2008.

Schools, football clubs, supermarkets, businesses and individual members of the Ayrshire community and beyond have given cash to the campaign.

Donors tried to raise £300,000 to send the now seven-year-old girl to America for life-saving heart surgery.

The case has been put off for a variety of reasons.

Findlay’s poor health and her daughter’s poor health have been used as reasons for the case to be adjourned.

At the beginning of the year, Findlay delayed signing a mandate to have Jessica’s medical records released to lawyers.

And she put off sending off the accounts for the trust fund to forensic accountants.

A mental health report has also delayed the trial because the psychiatrist fell in snow and broke her jaw before she could complete the report.

Findlay, formerly of Lochgreen Avenue in Troon and now of Kilmarnock, denies the charge against her.