A DALMELLINGTON pensioner found guilty of sexual assault on a 16-year-old girl has successfully appealed against his conviction.

Robert McBride, who is in his 70s, appeared at the Sheriff Appeal Court this week.

Sheriff Principal Craig Scott QC, Sheriff Sean Murphy QC and Sheriff Principal Brian Lockhart ruled that there was no corroboration of the alleged victim’s account of the attack, which she said had taken place on May 23, 2015, in the town.

Mr McBride was originally found guilty after a trial later that year at Ayr Sheriff Court under section 3 of the Sexual Offences (Scotland) Act 2009.

Sheriff Carole Cunningham had added him to the sex offenders register after the trial which took place on Monday, September 28, while continuing the case for reports.

It was alleged that he had touched the alleged victim’s private parts during the incident, which Mr McBride denied, saying the only physical contact between them involved him putting his arm around her neck and shoulder.

During other evidence heard at the original trial, it transpired that he had apologised to the alleged victim, which he explained was done in the context of expressing sympathy for her grandmother who was ill at the time.

At the conclusion of the trial, the sheriff said she did not accept Mr McBride’s version of events, but the subsequent appeal centred on whether there was enough evidence against him.

Appearing for Mr McBride, Ann Ogg, solicitor advocate with Edinburgh-based lawyers Paterson Bell, said the only evidence of a sexual assault came from the complainer herself.

Ms Ogg stressed that there had to be corroboration of a sexual assault, adding that nothing less was required as sufficient evidence to convict.

Arguing the case for the Crown, Advocate Depute Brown maintained that the alleged victim’s evidence of physical contact, taken along with her distress, was enough corroboration of a sexual assault.

After much legal argument, the appeal judges found in favour of Mr McBride and quashed his conviction.

Their explanatory statement said: “We have reached the conclusion that the evidence in this case was insufficient to support a conviction.

“There was no corroboration of the complainer’s account to the effect that she had been sexually assaulted.

“We have answered the question posed in the stated case in the negative and quashed the conviction.