September 2018

Shetland pervert ordered to do unpaid work

A man from Shetland who possessed indecent pictures and videos of children has been placed under supervision for over two years and ordered to do unpaid work.

Alvar Foster, of Market Street, Lerwick, had admitted taking or permitting to be taken 88 images and 24 videos on a laptop between September 9 and 12, 2016.

Lerwick Sheriff Court previously heard that police uncovered the images while carrying out a drugs search of the 23-year-old’s flat.

The computer contained pictures in all three categories of indecent images including some of category A, the most serious classification.

Defence solicitor Tommy Allan said the period of offending was “relatively short”, adding that a number of the videos and images had been deleted.

He added that the offences happened while Foster “went down a path” where he quickly realised he did not want to be.

He told the court that while he did not want to be “flippant” about the case, he said it was perhaps an instance where Foster “needs to get out of his bedroom and go out and engage with the rest of the world” more.

Sheriff Ian Cruickshank said that while the offence was “abhorrent”, sentencing guidelines showed that it was technically a small number of images – many of which were of a low category.

The sheriff placed Foster under supervision for two years and six months, during which time he will have to adhere to notification requirements under the Sexual Offences Act.

He was also given 200 hours of unpaid work, while his laptop was also forfeited.

July 2018

Four year prison term for child abuse images

A LERWICK man has been sent to prison for four years for downloading nearly 50,000 images of children – many with sexually sadistic content.

Fifty seven year old David William Bruce, of Voderview, earlier admitted taking photographs of children over a near 10-year period when police discovered the images on a multitude of computers, phones and memory cards at his home.

Sheriff Ian Cruickshank told Lerwick Sheriff Court on Wednesday that 1,000 of the images and 12 videos were categorised at the most serious level and showed the sadistic abuse of young children and babies.

Bruce, who lives with his 90-year-old mother, downloaded the images between August 2008 and October 2017. His collection of indecent photos included 48,900 images and 56 videos which he had organised and categorised.

Defence agent Tommy Allan said that Bruce was remorseful and ashamed and as far as the worst images were concerned, he had difficulty accepting what he had done.

Bruce had no friends or hobbies and his life consisted of drinking alone and watching TV and the internet in his bedroom. There was no suggestion that he had passed any of the images on.

The sheriff said that Bruce was nonetheless responsible for creating a market for child sexual abuse. He sentenced Bruce to 28 months in prison with an extension period of 20 months when he will be released under licence. His equipment was forfeited and he will be placed under notification requirements for an indefinite period.

June 2018

Lerwick man had thousands of indecent images

A Lerwick man who had stored tens of thousands of indecent images of children on his computers will be sentenced early next month.

David William Bruce, of the town’s Voderview, admitted a charge of taking or permitted to be taken indecent photographs of children over an almost ten year period between August 2008 and 25 October 2017.

Lerwick Sheriff Court heard on Thursday that police officers had found almost 50,000 indecent images and videos stored on six laptops, 13 mobile phones and a further seven memory cards.

Of the 48,894 images, just over 1,000 were of the most extreme category involving very young children.

Procurator Duncan Mackenzie said some of the images found were of the “very worst imaginable”.

The fiscal told the court that a further 547,373 images found on Bruce’s computers were found to be borderline.

He went on to say that 57 year old Bruce had acquired “significant expertise” in finding and downloading these images, and had done so over a lengthy period and had organised the images in archives in a “systematic fashion”.

Mackenzie added that there was no suggestion that Bruce had shared the images with anybody else.

Sheriff Ian Cruickshank deferred sentencing until 4 July to allow a criminal justice social work report to be prepared.

Bail was continued, and Bruce was put on the sex offenders’ register.

July 2017

Sex offender jailed after he was found with tens of thousands of indecent images

A sex offender found with tens of thousands of indecent images of children is beginning a prison sentence of over four years.

Stephen Bell, 58, of Sandside Road, Mossbank, previously admitted having pornographic photos of youngsters.

He intended the images to be distributed or shown to others.

Bell also confessed to taking, or permitting to be taken, indecent images of children.

The offences happened between February 2011 and February last year.

Lerwick Sheriff Court heard that Bell had been “completely dedicated” to pornography, and that he was incapable of recognising that every one of the children in the images in his possession was a victim.

Procurator fiscal Duncan MacKenzie told the court: “I don’t think I can sit down without commenting on the fairly worrying response made by him in the social enquiry report. It’s been well understood now that every single image such has been viewed here of a child contains an image of a victim. He seems incapable of appreciating that very basic truth, and that has to be a significant concern.”

The fiscal described how he had felt compelled – for the first time in Lerwick – to seek a time bar extension to allow evidence to be examined after the offence had come to light.

He said police had executed a search warrant at Bell’s address.

“But it became clear the set-up was extremely complex, and almost unique in its complexity.”

He said the task of carrying out a forensic examination was “extremely challenging”.

Mr MacKenzie described how the search focused on six hard drives identified as containing most of the suspect material. A further 29 hard drives were also discovered.

The fiscal said tens of thousands of indecent images of children were found – more than 5,000 of which were classed as being the most serious, or “category A”, type.

Over 7,400 images belonged in category B, while more than 100,000 were category C.

He added children of all ages had been victimised by the crime. The images were predominantly of children aged between 10 and 16.

A search at Bell’s home uncovered a place in “complete disarray”, with only two main areas seeming to be habitable.

Mr MacKenzie described “towers” of hard drives, pornographic magazines and DVDs.

“This seems to be a man who is completely dedicated to pornography, and to child pornography in particular,” Mr MacKenzie added.

“He works full time but it appears that when work was finished for the day his life, almost to the exclusion of everything else, was dedicated to these horrific images.”

Defence agent Tommy Allan agreed the nature of the images were “abhorrent”.

He highlighted the social enquiry report which showed Bell as a “something of a loner”.

“He worked, but the rest of his life was taken over by this obsession with this kind of pornography. It would be fair to say he allowed that obsession to get out of control.”

He said there was a difference between the view Bell had about his offending and that which society would normally expect.

“He accepts that at some point this would come to an end and he would be discovered, and he would have to face the consequences.”

Mr Allan added that Bell had had the first opportunity to discuss his problems with social workers in the preparation of reports. But Bell knew he would be going to prison.

“He knows he comes to court facing the inevitability of a custodial sentence.”

Sheriff Philip Mann sent Bell to prison for 52 months – a total of four years and four months.

But Bell will also have to serve a four month non-custodial extended sentence.

The sheriff also handed Bell a sexual offences prevention order, which will limit or monitor his use of the internet, for an indefinite period.

Bell was placed on the sex offender’s register, also indefinitely.

“This is offending of the most serious kind,” the sheriff told him.

June 2017

‘Tens of thousands’ of indecent images of children

A FIFTY eight year old man who admitted possessing thousands of indecent images of children has been warned that he is “most likely” facing a custodial sentence.

Stephen Bell, of Sandside Road, Mossbank, pleaded guilty to taking or permitting to be taken indecent photographs or pseudo-photographs of children and possessing indecent photos of children with a view to them being distributed or shown by himself or others.

The offences took place between 1 February 2011 and 1 February 2016 at his home address or elsewhere.

Procurator fiscal Duncan Mackenzie told Lerwick Sheriff Court on Wednesday that the offences involved “tens of thousands of images”. A fuller narrative will be given when Bell’s defence agent Tommy Allan is present, with the case due back in court on 5 July.

Sheriff Philip Mann said they were “very serious offences” and warned Bell that, while it was not inevitable, he should be prepared for a jail term.

August 2017

Sex offender placed under supervision

A 20-year-old man who admitted carrying out a sexual assault on an underage girl has been placed under supervision for two years.

Asa Tulloch, of St Olaf Street, Lerwick admitted the offence during an earlier court appearance. His sentence was deferred at the time for background reports to be compiled.

The offence is said to have taken place at a play park and a multi-court between 1st June 2012 and 31st August 2013. Tulloch would have been aged either 15 or 16 and the complainer either nine or ten.

The charge against Tulloch states that he touched the girl’s genitals through her clothing, kissed her on the cheek and placed her hand down his trousers.

At Lerwick Sheriff Court this morning defence agent Tommy Allan referred to the background reports, which noted that Tulloch suffers from Fragile X Syndrome – a condition which causes learning disabilities and cognitive impairment.

Mr Allan said that Tulloch had a “level of need” which led him to argue for his client to be “dealt with by way of a community payback order”.

Sheriff Philip Mann told Tulloch that the charge against him was “a very serious offence”.

“They are charges for which the court could impose a custodial sentence,” he said, before adding: “But, in my view, it’s more important for society and for yourself that you have some guidance and support.”

Tulloch was put under the supervision of social workers for two years and was placed on the sex offenders’ register for the same length of time.

He was also warned that the option of custody remained open should he fail to co-operate with social workers.

June 2017

Man admits sexually assaulting underage girl

A twenty year old who admitted sexually assaulting a minor has been placed on the sex offenders’ register ahead of sentencing.

Asa Tulloch, of St Olaf Street, Lerwick, pleaded guilty to sexually assaulting the girl, who was yet to turn 10 at the time of the first offence, on two occasions between June 2012 and August 2013.

The incidents, which took place at a local playing park and multicourt, involved him touching her over her clothing and placing his her hand down his trousers.

Procurator fiscal Duncan Mackenzie said the first incident occurred when he offered to walk her home after she had been visiting a friend. It occurred at an age when she “didn’t know what was happening and wasn’t in a position to properly assert herself”.

The incidents were disclosed last year after she told a friend, who told her mother, resulting in social work and then the police being contacted.

Mackenzie acknowledged that Tulloch “hasn’t had the best start in life and has his own vulnerabilities”.

Sheriff Philip Mann said they were “serious offences because of the age of the girl involved”, though he told Tulloch there were “issues in your life that may explain, not excuse, what you did”.

Ordering a criminal justice social work report to be prepared, Sheriff Mann deferred sentence until 3 August, adding he was eager to find a disposal that will “assist” as well as punish the offender.