A Fife nurse who blamed Filipino “culture” for a video that showed him indecently touching a young child has been ordered to perform unpaid work.
Mark Rebustes had dozens of child abuse files on a laptop he brought to Scotland from the Philippines.
During his trial, the 40-year-old claimed an 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.
Police raid on home
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.
The majority of the images were rated as the lowest level, Category C, 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 files, including the indecent material, on the laptop prior to arriving in Scotland and denied any of the material was held for sexual gratification.
“In the Philippines it’s common for children to be naked because it’s too hot,” he told the court.
“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.”
‘I despise people like that’
When asked by prosecutor Lee Corr if he would describe himself as a paedophile, Rebustes added: “Absolutely not. I despise people like that.”
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.”
He was found guilty of committing the offences between July 31 2019 and May 24 2023.
Rebustes’ passport was seized by Sheriff Tim Niven-Smith ahead of sentencing due to flight risk.
He returned to court after a social work report had been obtained, with Mr Mackie revealing that Rebustes was considering appealing his conviction.
Sheriff Niven-Smith ordered him to perform 300 hours of unpaid work as an alternative to custody and placed him on the sex offenders register for five years.
For more local court content visit our page or join us on Facebook.
