A couple accused of carrying out a sex act in broad daylight at a Fife Aldi have been cleared of criminality, despite a sheriff saying he believed they did it.
The sheriff said he had “no doubt” over what witnesses saw but because of what the pair were charged with, he was unable to convict.
A pair of teenagers told a trial at Kirkcaldy Sheriff Court Gillian Norris and Craig Thomson were on the steps in the grounds of Aldi on Ferrard Road.
One of the girls, now 17, described seeing a woman performing a sex act a man as he reclined on the steps.
Both identified the male as 41-year-old Thomson, and Norris, 43, was recognised by police officers, who arrested her two days later.
Both Norris, of Ballingry Road, Cowdenbeath, and Thomson, of Duncan Street, Kirkcaldy, denied engaging in sexual activity in the presence of the two girls on September 27.
Sheriff Robert More said the two teenage complainers were “entirely credible and reliable” and he had “no doubt what was happening on the date libelled – none whatsoever”.
However, he said an aspect of the charge – coercing a person to be present during sexual activity – proffered against Norris and Thomson could not be proved.
Pair identified by witnesses and police
The first girl said she and a friend were leaving Aldi at around 2pm when they noticed the pair on the steps leading to Forth Avenue.
“We were walking out and saw two people sitting on the stairs. I could tell something was weird.
“There was one male and one female and he was sitting with his legs spread open.
“She was sitting in front of him but her head was down.
“It looked like her head was going up and down.”
She said she believed she had seen Thomson’s genitals, adding: “I saw something but I didn’t look closely.
“They clocked us and she moved off – I saw her wiping her mouth.”
She identified Thomson in a police line up but was unsure of the identity of the female until, reviewing CCTV shown in court, she remembered the woman wearing a black top with “McKenzie” emblazoned on it.
The pair were captured on CCTV in the supermarket’s car park, with Norris – wearing the “McKenzie” top – also seen entering the store.
When arrested by police she was still wearing the top.
All the witnesses denied suggestions by defence agents for the pair that they were mistaken in their identity of the couple.
Not guilty
The case was brought under sections 5 and 32 of the Sexual Offences (Scotland) Act 2009, which involve “coercing a person into being present during a sexual activity” and “causing an older child to be present during a sexual activity”, respectively.
Prosecutor Brogan Moffat had conceded during submissions in the case she would struggle to prove coercion.
Sheriff More said he was not satisfied beyond reasonable doubt and found Thomson – who hit the headlines in 2018 when he was caught in a shed he was raiding – and Norris not guilty.
Guilty of police abuse
Norris had earlier pled guilty to assaulting a police officer and behaving in a threatening or abusive manner at Kirkcaldy police station on September 29 last year.
Ms Moffat told the court Norris had been arrested and taken into custody and became verbally abusive.
While going through a metal detector she kicked a PC on the thigh, shouted and swore, and made multiple threats.
Norris told the constable: “When I see you outside work, I’m going to give you a kicking and you won’t stand a chance”.
Defence lawyer Adam Scott said his client had slid back into addiction and is ashamed and regretful about the offence.
Sentencing was deferred until December 6.
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