A long running health and safety trial brought against two fairground ride owners has been thrown out because the partnership that was named as defender did not exist.

In September 2007 Sheriff Davies criticised the Crown for failing to spot the error until late in the proceedings, when witnesses had been called.

He said: "These sundry problems were fairly thoroughly flagged up. You either prosecute the firm or choose some hapless partner and prosecute them. You cannot prosecute both,"

"I thought you would have been instructed before we got to the point where we have a room full of witnesses."

The case had been brought after a ten year old boy was injured, allegedly on the Cyclone Twist ride at Aboyne Highland Games in August 2005. The ride's owners were accused of allowing passengers who did not satisfy height requirements on to the ride, operating it without sufficient restraints and failing to carry out a proper risk assessment.

Sheriff Davies had pointed out that the pair, Terence and Alfred Wright, had been charged as a partnership, trading as Wright's Funfair, instead of as individuals. Earlier hearings failed to establish whether a partnership existed, and Sheriff Davies was unable to make a ruling and was forced to dismiss the case.

At the hearing in September, Sheriff Davies said "Nothing seems to go very right nowadays in Stonehaven."