August 2014

High Court clerk downloaded indecent images of young girls on laptop

A former clerk of the High Court and Court of Session admitted downloading indecent images of young girls on a laptop at his home in Edinburgh.

Donald Bruton was handed a two-year supervised community payback order and placed on the sex offenders register at the High Court on Tuesday.

Bruton, of Milton Road East, pleaded guilty to downloading the images between July 24, 2011, and October 3 last year at Edinburgh Sheriff Court last month.

The 60-year-old resigned from his court position soon after his arrest. Police had received intelligence about Bruton’s actions and attended his home on October 3 last year.

They told him of the reason for their visit and he directed them to a laptop.

Fiscal depute, Aidan Higgins, said at the hearing in July: “He told the police he had been downloading these images of children for some time out of curiosity and had taken to searching for indecent images”.

The fiscal added that there were 16 still pictures – four at level one in the scale of pornography, one at level two, four at level three, four at level four and three at level five, the highest level.

There were also three moving pictures, one at level three and two at level four.

All the images were of girls aged between ten and 15 years of age.

Defence solicitor, Mark Harrower, told Sheriff Alistair Noble that Bruton had co-operated fully with the authorities since October last year and had voluntarily taken part in a government-sponsored programme for child abuse offenders.

He said: “He is highly embarrassed and deeply ashamed of the shame he has caused his family. He had been having a very stressful time at home and his judgment was affected by what was going on at the time”.

Bruton’s father, who was being looked after in the family home, would have to be placed in a care home if he was sent to prison as Bruton’s wife would be unable to cope, he added.

Mr Harrower said the social work report showed his client acknowledged his behaviour had been unacceptable and there was no possible risk of his re-offending.

The solicitor added: “He has lost a lot in his personal and professional life.”

Sheriff Noble acknowledged that Bruton, at the age of 60, was a first offender and there had been difficult domestic circumstances in his household over a number years.

There had been a very small number of images, he said, although some had been at higher levels of the scale.

He placed him on a supervised community payback order for two years with the requirement that he notify his supervising officer of any internet devices he had access to.

Such devices should be made available for inspection by his supervisor or officers of Police Scotland.

The sheriff also ordered Bruton to carry out 225 hours of unpaid work within a year and to register as a sex offender for two years.