A lollipop man who kissed and groped a child in a primary school shed while on duty has dodged a prison sentence.
Harry Buick, 80, repeatedly kissed the 10-year-old girl on the mouth on various occasions between April 19-26 2010.
The pensioner carried out the attacks while he was employed as a school crossing patroller.
Buick, who suffers from Parkinson’s disease and requires a walking frame, is now banned from leaving his home after 7pm after previously pleading guilty to the offence at the city’s sheriff court.
Sheriff John Rafferty said Buick’s deteriorating health and his lack of offending were the primary factors in sparing him a prison sentence.
Buick, of Forthill Drive, Broughty Ferry, pleaded guilty to using lewd, indecent and libidinous practices and behaviour towards the child on various occasions in a shed within the grounds of a primary school in Dundee.
The pensioner admitted cuddling the child, rubbing her arms with his hands, placing his hands on her hips, pulling her between her legs and repeatedly kissing her on the mouth.
Buick returned to the dock for sentencing following the preparation of social work reports.
Defence solicitor Ross Donnelly conceded that Buick had minimised his actions during his social work interview.
However, he urged Sheriff Rafferty to impose a community-based order as an alternative to a prison sentence.
Mr Donnelly said: “I think it’s fair to say there’s an element of minimisation. I think what he was eager to get across was that he did not consider himself to have any sinister intent.
“He was quite clear that he accepts it was completely unacceptable behaviour towards a child. He understands why the matter is being dealt with as seriously as it is by the court.
“He has no previous history of offending and has not come to the attention of the authorities since this incident.”
Sheriff Rafferty placed Buick on a community payback order with 12 months of supervision and a restriction of liberty order which will keep him indoors between 7pm and 7am for the next nine months.
“There are a number of reasons why an offence of this nature may result in a custodial disposal,” the sheriff said.
“Perhaps the most significant point is to deter others who may be inclined to behave in this manner.
“Behave in a manner that’s lewd, indecent and libidinous towards a girl aged 10 and conduct in this case was by somebody who was in a position of some trust.
“I also take into account that this matter was resolved without evidence being heard and, particularly, I take into account your present ailments including being diagnosed with Parkinson’s.”
Buick was also placed on the sex offender’s register for five years.
