Latest Offenders Lothian

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A Musselburgh man has had his name added to the sex offenders' register after he was caught with child abuse images.

Graham Brown, 61, was found to have downloaded 14 vile videos of children engaged in sexual activity with adults and other children.

Brown was said to have possessed the material over a 10-month period before he was caught.

Fiscal depute Callum Thomson told Edinburgh Sheriff Court police officers received intelligence that indecent images of children were being downloaded at Browns home on the towns Old Course Gate.

Officers executed a search warrant for the address at about 6.40pm on August 30 last year.

The court was told during Fridays hearing that Brown was at home alone and during the search a laptop was discovered on his couch that contained the videos.

A full analysis by cyber crime officers showed Brown had downloaded 11 category A movies - the worst end of the scale - and three rated as category B.

All the images were in an accessible state and the analysis showed Brown had last viewed the videos on January 6 last year.

Sheriff Chris Dickson placed Brown on the sex offenders' register and deferred sentence to next month for background reports to be prepared.

Brown pleaded guilty to possessing indecent images of children between October 22, 2020 and August 30 last year.

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Myles Allan, 44, snapped two images and two video clips of the womans thighs while she sat at her desk in an office in West Lothian.

Allan - who had a short stint in charge of Berwick Rangers - claimed he had taken the pictures accidentally by brushing his hand against his phone in July 2019.

But he was found guilty of a voyeurism charge following a trial at Edinburgh Sheriff Court earlier this year and sentence had been deferred

Allan, from Dunfermline, returned to the dock to hear Sheriff Graham Primrose QC state that he had committed a serious offence within the workplace.

The sheriff said: You were found guilty after trial of the offence of voyeurism.

I noted during the trial the complainer herself stated she did not consider there to be a sexual element to the offence.

Instead she considered against the background of you being reprimanded about your performance that day that the taking of the images were designed to humiliate her rather than to provide you with sexual gratification

Allan was placed on the Sex Offenders Register and a supervision order for nine months and also ordered to pay his victim 400 in compensation.

Allan started his football management career at Burntisland Shipyard and Dundonald before moving on to Sauchie and Rosyth Juniors.

He then joined Berwick Rangers as a first team scout in 2016 and was later promoted to first team coach.

After leaving the Shielfield Park outfit Allan, a married father-of-two, was appointed to the coaching staff team at Jeanfield Swifts womens team in March 2019.

During the trial, the football coach admitted taking the pictures following an argument between him and his boss but said he had immediately deleted them.

He was caught out after copies of the images were uploaded from his phone to his work laptop through the iCloud function.

He was then sacked from the firm soon after and after handing back his computer equipment a ex-colleague subsequently found the images stored within a folder on the laptop.

Allans former manager, who cannot be identified, told the court she was made aware of the images and had felt disgusted and humiliated on viewing them.

She said: They [the images] were taken of the top of my thighs when I was wearing a dress. My legs are under my desk and showing my underwear.

When my colleague showed me I was shocked and I was in disbelief it was there. I felt disgusted, humiliated and very angry.

How could he think it was as acceptable to do that? I felt physically sick at what I should do.

I trusted him and I felt betrayed.

After contacting her husband the woman called in the police and Allan was subsequently arrested and charged.

Allan was found guilty of operating equipment beneath the clothing of a woman with the intention or enabling himself or others to observe her genitals, buttocks or underwear and did position a mobile phone and take two photos and two videos showing the legs and underwear of the woman at a premises in West Lothian on July 16, 2019.

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A mental health nurse who sexually assaulted a vulnerable patient while working at a psychiatric hospital has been spared a jail sentence.

Richard McLellan attacked the woman while she was being treated for a mental disorder at the capital’s Royal Edinburgh Hospital in 2019.

McLellan, 38, was found to have engaged in sexual activity with the woman by placing his hand underneath her underwear while he worked a nightshift at the city hospital.

McLellan denied the allegations against him but was found guilty by a jury following a three day trial at Edinburgh Sheriff Court last month.

The jury found McLellan not guilty of charges including making sexual comments to the woman, touching her genitals and inducing the woman to perform oral sex on him.

The disgraced staff nurse has since been sacked from NHS Lothian and he is due to appear in front of a Nursing and Midwifery Council disciplinary panel in the near future.

A spokesperson for NHS Lothian said they wanted to “extend our full sympathies to the victim in this distressing case”.

McLellan returned to the dock for sentencing on Friday where Sheriff Donald Corke told him he had been “convicted by the jury of an offence of sexual breach of trust of a mental disordered person”.

The sheriff said: “This behaviour was a gross breach of trust by you. You were the complainer’s key worker and you were tasked that night to keep her safe.

“Instead you took the opportunity to engage in sexual activity. You have expressed no remorse for what you did.

“You should be in no doubt custody is an option. [However] I am willing to impose a community payback order as a direct alternative to custody.”

McLellan, from Bathgate, West Lothian, was placed on the Sex Offenders Register for three years and ordered to carry out 200 hours of unpaid work in the community.

He was placed under the supervision of the social work department for three years and handed a conduct requirement that bans him from contacting the victim.

His name will also be forwarded to Scottish Ministers for inclusion on the list of those banned from working with children or vulnerable people in the future.

Defending Advocate Mr Kennedy said his client continues to deny the offence but is “accepting of the jury’s decision”.

He added: “The consequences of this conviction for Mr McLellan are both personally and professionally devastating.

“He has been dismissed from his employment and he will be sanctioned from his professional body where he will submit to further humiliation and disgrace by that.”

Tracey McKigen, Services Director for the Royal Edinburgh and Associated Services at NHS Lothian, said: “We extend our full sympathies to the victim in this distressing case.

“Whilst we can’t comment on individual members of staff, current or former, we want to offer reassurance that as soon as we become aware of a serious criminal allegation, we will take immediate and robust action in the interests of patient safety, which is always our top priority.”

McLellan was found guilty of being a person who provided care services to a mental disordered person and did engage in sexual activity with them and did place his hand underneath her underwear at the Royal Edinburgh Hospital on January 21, 2019.

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A sex predator who raped a young woman after the victim said he molested her in a hot tub was warned on Thursday he faces a lengthy jail sentence.

Paul Woods, 53, followed the 22-year-old into a house and attacked her as she lay on a bed pretending to sleep.

The distraught woman fled after she was subjected to the rape ordeal wearing only a towel, the High Court in Edinburgh heard.

Woods, of Preston Crescent, Prestonpans, East Lothian, had denied assaulting and raping the woman in September 2019, but was found guilty of the crime by a majority verdict of the jury.

During the attack he moved the woman on to her back and tapped her on the face before raping her. Woods later told police that he thought she was asleep.

A judge agreed to continue his bail for the preparation of a background report on the first offender ahead of sentencing.

But Lord Tyre told Woods: "You should be aware it is extremely unlikely that I am going to do anything other than pass a substantial custodial sentence when you come back for sentencing."

The judge placed him on the sex offenders' register and told jurors at his trial that it was a "serious" case.

The court heard that the woman and Woods had been drinking and shared a hot tub with others at a house in an East Lothian town.

But the woman, who was wearing a swimsuit, said that he had touched her in the tub, leaving her shocked. She left and went into the house from the garden, saying she was going to bed.

Woods followed her into the house and she thought that if she pretended she was sleeping he would leave her alone.

After the assault on her the woman grabbed a towel and wrapped it around her and ran out. She was seen shaking and crying. She was still crying and wrapped in the towel when she was later seen by a police officer.

Woods was linked to the attack on the woman by DNA evidence that was recovered after the rape of the woman.

Advocate depute Derick Nelson told jurors that when all the pieces of evidence were put together they were left with "a compelling, overwhelming case against Paul Woods".

During an interview with police Woods had denied any sexual wrongdoing, the court heard.

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A SCOTS Scoutmaster who had a secret 10-month sexual relationship with a schoolgirl has avoided a jail sentence.

Paedophile Lewis Ala Findlay, who led a troop in the Scouts, was 23 years old at the time and his victim was just 15.

Falkirk Sheriff Court heard that the girl, who had known Findlay since she was 12, had initially thought his interest in her was "one of support".

But in November, 2018, at his home in Bo'ness, West Lothian, while his girlfriend was abroad and his mother was also away leaving them alone in the house together, the Scout leader made advances as they sat on his bed watching a film - telling her "just let it happen".

Prosecutor Alex Kirk said the girl was hesitant and uncomfortable, but agreed to sex "as she didn't want it to be awkward".

The following month he had full sex with her again, this time in his car parked in a layby, and the situation developed to the point where the girl thought they were "seeing each other".

The court heard they had sex "a couple of times a month" in Findlay's car parked in laybys on back roads in Stirlingshire and West Lothian.

In early 2019 the girl confided in another adult about what had been going on, and he encouraged her to report the matter.

After she refused, he reported the matter himself and Findlay was afterwards suspended by the Scouting Association.

However the girl denied everything when interviewed by police and social workers.

After a break of a couple of weeks the incidents resumed, but around the end of August Findlay started buying the girl lingerie and sending her pictures of it.

The court heard that on one occasion she dressed up in lingerie, which she had not wanted to do but when she said "no" Findlay asked her repeatedly and she eventually agreed.

Mrs Kirk said: "This incident made her realise how much older the accused was."

She ended the relationship and blocked Findlay on Snapchat, but he continued to contact her using texts and Facebook Messenger, which "alarmed" her.

One "lengthy" message concluded with "a list of 50 things he stated he loved about her".

Mrs Kirk said that by then the girl was "stressed and didn't know what to do".

In November 2019, scout leaders were "made aware" of the messaging and concluded that a sexual relationship was going on.

Police were again called in, and in February last year Findlay was charged.

Now 24, Amazon worker Findlay, of Bo'ness, pleaded guilty to stalking the girl and having unlawful sexual intercourse.

Advocate Niall McCluskey, defending, said Findlay had "craved" the girl.

He said: "He describes how he fell for the complainer, and he accepts he should not have acted on his attraction to her."

"He fully acknowledges that as the adult he ought to have know better, and regrets that he didn't act appropriately when he realised he was developing cravings for her."

He said Findlay was due to become a father in October, following "a longstanding relationship with his partner".

He produced a reference from a youth leader, stating that since 2015 Findlay "had begun volunteering on major national projects" and was "steadfast and true".

Mr McCluskey said: "I understand he was involved in a project called Heart and Soul, which involved the National Youth Assembly, linked to the Church of Scotland."

Sheriff Simon Collins QC sentenced Findlay to 300 hours of unpaid work, placed him under social work supervision and on the sex offenders' register for three years, ordered him to take part in the Scottish Government's "Moving Forward, Making Changes" programme for sex offenders if directed, and banned him from having any unsupervised contact with children under 16.

He said the offences had been "an abuse" of Findlay's "position of relative seniority" in the Scout Association.

Sheriff Collins said: "Although unlawful because of your respective ages it is not suggested the complainer did not consent to the sexual activity. I have seriously considered whether the public interest requires that you be given a prison sentence."

"With some hesitation, I am satisfied that it does not, and that there is a proper community-based alternative."

Findlay, who had arrived at court with a bag packed for jail, refused to comment to a reporter as he walked free from the building.

A spokesman for the Scouts said: "The Scout Association is aware of recent court proceedings involving Lewis Findlay

"The Scout Safeguarding Team worked in conjunction with statutory agencies to share relevant information and Findlay was suspended from his role with the Movement in December 2019 when concerns about his behaviour came to light.

"We can confirm that he will never volunteer with us again.

"The safety of all our members is our number one priority. It is at the heart of our decision-making.

"We carry out stringent vetting of all adults who work with young people and work together with statutory agencies and other parties to share relevant information to ensure the safeguarding of young people in Scouting.

"We require everyone at Scouts to work to a strict code outlined in the 'Young People First' Code of Practice."