A Fife nurse blamed Filipino “culture” for a video that showed him indecently touching a young child.
Mark Rebustes was snared with dozens of images and files of child abuse on a laptop he brought to Fife from the Philippines.
During his trial, the 40-year-old claimed the indecent video in which he featured was “normal” in his homeland.
A jury rejected his evidence and found him guilty by a majority verdict of taking or permitting to be taken or making indecent images of children at his home in Cupar.
Unemployed Rebustes – currently suspended by the Nursing and Midwifery Council – was also unanimously convicted of possessing indecent images.
Dundee Sheriff Court heard how 29 accessible and 14 inaccessible files featuring children aged between two and four were discovered on the laptop.
Two accessible Category B-rated videos were discovered with the majority of the images rated as Category C, the lowest of the categories, with an earliest creation date of July 31 2019.
Rebustes took up a tenancy on South Union Street on that date and his home had cause to be searched by police in May 2023.
He claimed he made a “bulk transfer” of multiple files, including the indecent material, on the laptop prior to arriving in Scotland.
‘Normal’ in Philippines claim
Giving evidence in his own defence, Rebustes was asked by defence lawyer Scott Mackie: “Were any of these held for sexual gratification?
Rebustes replied: “Of course not, no.
“In the Philippines it’s common for children to be naked because it’s too hot.
“When I was a child, that was applied to me as well.
“I understand here it’s different but back home that was normal for us and how I was raised.
“This is how our culture is. Unfortunately, it’s seen as indecent but I don’t mean any harm.”
Fiscal depute Lee Corr grilled Rebustes about whether he considered the material to be sexually abusive of children.
He replied: “In Scottish eyes it will be but in the Philippines eyes, no.
“This is common thing in the Philippines. I can’t say that enough.”
When asked if he would describe himself as a paedophile, Rebustes said: “Absolutely not. I despise people like that.
“We are tougher when it comes to children. We have a different lifestyle. We need to be tougher in everything.”
Mr Corr told Rebustes: “You created this material on the laptop on July 31 2019 in Scotland.
“Do you have a sexual attraction to naked toddlers?”
Rebustes, who the court heard had a background in computer software, replied: “No.”
However, he was found guilty of committing two offences between July 31 2019 and May 24 2023.
Passport surrendered
Following Rebustes’ conviction, a motion was made to revoke his bail by Mr Corr, who claimed he was a flight risk.
Sheriff Tim Niven-Smith deferred sentence until next month for a social work report to be prepared.
He told Rebustes: “On balance, I do consider you may be a flight risk.
“However, the risk you may present of failing to attend for sentence in this case is mitigated by you surrendering your passport.”
Prior to bail being continued, Rebustes’ handed over the document from the dock and was ordered not to apply for a new passport meantime.
He must also sign on at Dundee’s police headquarters every Friday between 12pm and 5pm.
Rebustes was made subject to the sex offenders register on an interim basis.
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