A prosecutor has been fined £700 for sending “menacing” messages threatening to have an Indian beautician deported for leaving his husband’s salon business.
Sheriff Ian Duguid acknowledged it was likely David Wilkie-Thorburn would lose his job as an assistant procurator fiscal as he sentenced him at Aberdeen Sheriff Court yesterday.
The 52-year-old is still employed by the Crown Office and Procurator Fiscal Service but last night the organisation said that “appropriate action” would be taken in response to the conviction.
In his current role, Wilkie-Thorburn is responsible for prosecuting criminals across the north-east.
Early on the morning of Sunday, April 7, he sent threatening messages to Venda Rodrigues over her decision to quit his husband’s salon on Huntly Street.
Ms Rodrigues had been renting space there, but had told him she would be moving to another business next door – along with two other workers.
Wilkie-Thorburn told the mother-of-four he was the “head of prosecution in Grampian” and that he was “responsible for making prosecution decisions on immigration cases”.
The disgraced prosecutor had denied the charge of sending messages of a “menacing character” on Facebook, but was found guilty at the end of a trial last month.
Yesterday, Sheriff Duguid said: “I have taken account of your exemplary record over your 18 years of service.
“I do consider this out of character and a significant error of judgement.
“It’s my intention to impose a financial penalty in this case. I have given consideration to the maximum fine the court can give which is £700.”
Ms Rodrigues was distraught at reading the messages, sent at 1.22am, believing Wilkie-Thorburn had to power to expel her from the country and separate her from her children.
The 38-year-old previously told The Press and Journal that she spent months feeling “sick with worry” about the threat,
She said: “My family and I have gone through hell because of this.”
Ms Rodrigues added that Wilkie-Thorburn “should lose his job for abusing his power”.
Defence solicitor, David Moggach, previously said that his client was “going to lose a well-respected job which provides him with a good income” as a result of the conviction.
Wilkie-Thorburn refused to comment or address calls for his resignation as he left Aberdeen Sheriff Court yesterday.
A Crown Office spokesman said: “We are committed to effective, rigorous and fair prosecution and will take appropriate action where there is sufficient evidence of a crime.
“This matter is now subject to internal disciplinary procedures.”
