A SHERIFF was this week surprised to learn that a school bus driver with a conviction for lewd and libidinous behaviour managed to get a job transporting children.
Sheriff Kevin Drummond said it was a matter of public concern that Victor McMinn was employed in a position of trust after disclosure requirements failed to reveal an earlier conviction.
At Selkirk Sheriff Court on Monday, the sheriff said he intended to highlight the failing in an effort to avoid any repetition.
Sixty-eight-year-old McMinn was placed on the Sex Offenders’ Register for three years after being found guilty by a jury of sexually assaulting a young girl at a house in the Borders.
McMinn, who lives at Ferniehill Court in Kelso, was also placed on probation for three years and ordered to complete 200 hours of unpaid work after he was convicted of touching the girl’s breasts over her clothing between April 2010 and March last year.
Sheriff Drummond said it was worrying for the public that, despite current disclosure requirements, McMinn was employed in a position of trust, transporting children in a rural area, even though he had a previous conviction from some 40 years ago for lewd and libidinous behaviour.
“You were acquitted after trial of other charges raised out of your employment as a school bus driver, and convicted of a sexual assault,” the sheriff told the accused.
“In these days of disclosure requirements, it is of great public concern that it emerged you have a previous conviction for lewd and libidinous practices that was dealt with by a probation order, yet you were employed in a position of trust, transporting children in a rural location,” he continued.
Sheriff Drummond added: “I will be ordering that my disposal of this case is intimated to the education department at Scottish Borders Council to ensure that this does not happen again.
“You were convicted by jury of sexually touching on top of clothing and the nature of that conviction and your personal circumstances do not require that a custodial sentence be imposed.”