After Mr Lavell, acting for Mrs Sheridan in the absence of Paul McBride QC, declined to examine the witness, the prosecution, Advocate Depute Mr Alex Prentice QC rose and moved behind the lectern close to the jury and press section of the gallery.
Firstly, Mr Prentice asked the witness if he had ever attended a Manchester derby football match, which Mr McFarlane denied. The Advocate Depute then asked if the witness if he had no interest in politics, which was confirmed by the witness, followed by Mr Prentice asking if the witness had ever been a member of the Scottish Socialist Party (SSP) The witness replied “Can't recall”, with the Advocate Depute querying this, and the witness repeating that he could not recall ever being a member of the SSP.
Mr Prentice then asked the witness whether Anvar Khan, Katrinne Trolle and Gary Clark were all lying in their accounts of visiting Cupid's sex club with the witness and Mr Sheridan. Mr McFarlane replied “Yes, that's what I'm saying.”
Mr Prentice then asked the witness that, as he was not political, there could be “no reason for the SSP having a go at you?”, and that there could be “no reason for the News of the World going after you?”, with the witness replying “No” to both.
Mr Prentice then asked that it must be “incredibly reckless” of Anvar Khan, Katrinne Trolle and Gary Clark to name him as having gone to Cupid's with them on 27th September 2002, as “there could be incontrovertible evidence that you were elsewhere”, such as a sportsman's dinner or a hospital outpatient's. Mr McFarlane replied “there is", stating he had not been to Cupid's. Mr Prentice suggested that from their point of view, it would have been reckless, as he could have been anywhere on that date and they would not know about it. Mr McFarlane replied “No. I know so.”, and again denied he could have been anywhere. Mr Prentice again suggested that Ms Khan, Ms Trolle and Mr Clark could not have known where he would be on that date, and again the witness denied he could have been “anywhere” and that the three mentioned would not know where he was, as Gary Clark would have known if he had been in hospital.
Mr Prentice then asked if Mr Clark was a friend, with the reply “no” from the witness. Mr Prentice commented “let's not fence about this”, and put it to the witness that at the time of the alleged visit to Cupid's in 2002, they had been friends, to which the witness agreed.
Mr Prentice then put it to the witness that during the course of following this trial there must have been a “Eureka moment” when the witness realised he could account for his whereabouts on the 27th September 2002. In response the witness stated the Advocate Depute would have to explain “Eureka”. Mr Prentice moved on to ask whether the witness had ever discussed his evidence, particularly regarding the date of the alleged Cupid's visit, with Mr Sheridan. The witness replied that he had not, but that he had contacted Mr Sheridan's lawyers regarding it. Mr Prentice asked again whether the witness had ever discussed the 27th of September 2002 with Mr Sheridan, and Mr McFarlane replied that prior to 6 or 7 weeks ago there had been no need.
Mr Prentice then put before the witness the charge sheet of the accused, Mr Sheridan, stating that this had been issued a long time ago. At this point Mr Sheridan objected, stating that there were different versions and dates of the charge sheet, and Mr Prentice stated that he was about to mention that, and continued. Mr Prentice drew the witness's attention to paragraph M, where one of the charges against Mr Sheridan was attending Cupid's with Andrew McFarlane and (others previously mentioned) on 27th September 2002, then drew attention to this document's date last amended of 13-July-2009. Mr Prentice then asked the witness to confirm that “neither Mr Sheridan or his lawyers ever came to you and discussed this date until six or seven weeks ago?”. The witness replied “I can't recall”, and Mr Prentice responded “You were very definite a moment ago”.
Mr Prentice then put it to the witness that he did go to Cupid's with Anvar Khan, Katrine Trolle, Gary Clark & Mr Sheridan, to which Mr McFarlane replied “Total nonsense”. Mr Prentice then put it to the witness that he had met Susan Dobbie with Mr Sheridan, with the witness again responding “Total nonsense”.
Mr Prentice then moved on to the occasion when Mr McFarlane had attended a family gathering to view the scan of Mr and Mrs Sheridan's unborn child. Mr McFarlane confirmed he had attended this gathering, but that it was difficult to recall the date. Mr Prentice asked if the witness was able to form any impression of where Mr Sheridan had been before this event, but the witness could not. Mr Prentice asked the witness if this could have been on the date of 9th November 2004, and the witness agreed it could have been. The witness went on to add that it had been a jovial occasion concerning the 20-week scan. Mr Prentice asked if it had been a memorable event, which the witness agreed it had, then asked the witness if he had attended this event, to which the witness replied “I imagine so”, with the Advocate Depute responding “You imagine so?”, and the witness replied “I would have made sure I was there”.
With that, Mr Prentice thanked the witness and returned to his seat.
Mr Sheridan then returned to the lectern to re-examine the witness, and continued with the subject of the event regarding Gail's scan. Mr Sheridan asked the witness to recall the details of viewing the scan, but the witness stated he couldn't recall anything specifically. Mr Sheridan asked whether the witness recalled traveling to Bellshill, to which the witness replied that he did, but that the dates are difficult to recall. Mr Sheridan asked the witness if he could recall the specific date in November of the visit, and the witness replied “No”.
Mr Sheridan then asked the witness if he had read the indightment against Mr Sheridan. Mr McFarlane replied that he had not, and that as he had never been in court before, his legal knowledge was sketchy.
Mr Sheridan then asked the witness to recall that during the 2006 defamation trial in which he had testified, Katrinne Trolle had stated that the alleged trip to Cupid's happened in November 2001, and that Anvar Khan had also stated that the trip was in November 2002, so therefore the witness had now heard three different dates for the alleged trip to Cupid's. The witness agreed.
Mr Sheridan finished his re-examination of the witness by asking him if he had ever met Anvar Khan or Katrinne Trolle, to which Mr McFarlane replied “Never”.
Mr Sheridan then vacated the lectern and returned to his seat in the dock, and the presiding judge Lord Bracadale thanked the witness and told him he was free to go.