Latest Offenders West Lothian

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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 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."