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Nairn man appeals child porn conviction

Inverness Sheriff Court
Inverness Sheriff Court

A Nairn man who was banned from going near children after downloading photographs of young boys in bondage situations is appealing against his conviction.

Michael MacRae will appear at the High Court of Justiciary in Edinburgh next week for a procedural hearing as part of the appeal process.

The 24-year-old was convicted by a jury in July 2015 of keeping indecent computer images of children being sadistically and sexually abused.

A psychological assessment was ordered ahead of sentencing and Sheriff David Sutherland banned MacRae from contacting children on December 15 last year.

But MacRae intimated his appeal six days later and the appeal request was granted on August 18 this year.

He is due to appear in front of a single judge at the High Court on Wednesday as part of the process to ensure witnesses and evidence are in place for the final appeal hearing, for which a date is yet to be set.

MacRae’s crime was uncovered by police cybercrime experts after a tip-off. They found a total of 91 images on a folder called Barefeet on his base unit which also contained legal but distasteful images of mostly young boys in bondage situations, some having their feet tickled.

MacRae, whose address was given in court last year as Merryton Crescent, Nairn, denied possessing the images and permitting them to be made or taken at addresses in Inverness and Nairn between July 8, 2011 and November 24, 2012.

His lawyer Duncan Henderson lodged a special defence that his client had not seen the images or knew that they were indecent.

But a jury unanimously rejected this and found him guilty at Inverness Sheriff Court after Police Scotland cybercrime analyst Charles Bruce gave evidence.

Although they conceded it was possible MacRae may not have known that there were indecent and illegal images amongst the others, they said it was unlikely.

The court also heard that he was overseeing Army Cadets at Fort George shooting range when he was challenged about his collection.