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Teacher found guilty of sexual activity with pupils

Kieran Malcolmson leaving court.
Kieran Malcolmson leaving court.

A Shetland school teacher has been found guilty of engaging in sexual activity with two pupils.

Kieran Malcolmson was convicted of two charges following a trial at Aberdeen Sheriff Court.

A remote jury found the 35-year-old guilty by majority of being in a position of trust as a schoolteacher and engaging in sexual activity other than sexual intercourse with or directed towards a pupil in 2009.

He kissed and engaged in sexual activity with the girl while he was employed as a teacher at a school in Shetland.

And Malcolmson was also found guilty by majority of a similar offence of engaging in sexual activity with or directed towards another pupil at a school in 2018.

He kissed the girl on the mouth and repeatedly asked her to accompany him to a “dark and secluded area”.

Malcolmson had also faced a third charge of a similar nature, but the jury returned a verdict of not proven in regards to that charge.

Following the jury returning their verdicts, which took just under a day to reach, fiscal depute Colin Neilson told the court Malcolmson had no previous convictions.

John Keenan, representing Malcolmson, asked for reports to be prepared and reserved mitigation until the sentencing hearing.

Sentence deferred

Sheriff Philip Mann made Malcolmson, whose address was given in court papers as Sandwick, Shetland, subject to the notification requirement of the Sexual Offences Act.

The sheriff continued his bail and ordered the preparation of a social work report and a restriction of liberty order assessment.

Malcolmson is due to be sentenced in June.

It is understood Malcolmson had been suspended from his employment during the proceedings, but following the conviction, Shetland Islands Council would not confirm if he was still employed by them as a teacher or not.

A spokeswoman said: “It is inappropriate for the council to discuss staffing issues.

“The situation has been dealt with following the council’s procedures, and all relevant bodies have been informed.”

The General Teaching Council for Scotland (GTCS) also declined to confirm if Malcolmson was the subject of any investigation or hearing.

A spokeswoman said: “In line with our publication policy, we are unable to provide details on registrants in regards to our fitness to teach process.

“Should a teacher be referred to GTCS, be investigated, and we decide that there is sufficient evidence to prove an allegation, a Fitness to Teach Panel considers the case and decides whether to: take no further action because fitness to teach is not impaired; issue a consent order; or refer the case on for a full hearing.”