A sheriff expressed serious concerns about a case in which a 67-year-old man admitted a sexual assault on a “vulnerable” female then said her story was “fabricated”.
James Smith’s solicitor told Dunfermline Sheriff Court his client did not appear to think he had done anything wrong.
Smith, of Glenavon Drive, Cairneyhill, had previously admitted that on an occasion between July 1 and August 31 2009, at an unknown location on a journey between Glasgow and Dunfermline he assaulted the female, instructed her to remove her upper clothing, handled her breasts, took photographs of her naked upper body and kissed her.
Defence agent Jonathan Matheson-Dear said he had concerns after reading the social work report and had contacted its author.
He was particularly concerned that his client had told the social worker the complainer had “fabricated the story in its entirety”.
The report also indicated that his client had only pled guilty to avoid “never- ending court appearances” and so Mr Matheson-Dear had spoken to the report’s author to seek clarification.
The social worker was “adamant” the report accurately reflected what Smith had said, Mr Matheson-Dear added.
The solicitor had also spoken to Smith and told the court: “He has reaffirmed to me that he accepts the conduct he is guilty of.
“The issue the court should be aware of is that the accused does not appear to accept the conduct is wrong or did not think so at the time and so has shown no remorse as to any impact on the victim.”
Mr Matheson-Dear asked for another social work report to be carried out on Smith, a first offender.
Sheriff Craig McSherry agreed to this and told Smith: “As there are strong sexual elements in this, I need to know what safeguards, if any, are needed.
“The victim appears to have been quite vulnerable and, in my view, that is a serious aggravation. I’m very concerned about what has taken place and at what you have apparently told the senior social worker.”
Sentencing will take place this month.