Donald Findlay KC, defending, lodged a special defence of incrimination against a named person, Michael Todd.
He said: “I discovered that Mr Todd is no longer with us as he died some years ago.
“It is a significant handicap for me during the trial.
“There is nothing I can do about it if he is dead, he is dead.”
Prosecutor Alex Prentice KC also told the hearing there were further witnesses who have died since the incident.
