Prosecutors have failed to secure a stiffer sentence for a remorseless Angus rapist who claimed his young victims were lying to get compensation.
Alistair Fergusson was caged in January for a horrifying catalogue of sexual offences against two women and two children spanning two decades.
The 63-year-old was convicted of 16 charges dating back to 2000 following a trial at Aberdeen High Court.
Jurors heard how one of his victims was just five when he began sexually abusing her.
Fergusson, of Wards Road, Brechin, was handed a 18-year extended sentence and ordered to stay locked up for 14 years.
The Crown Office lodged an appeal against the sentence, claiming it was “unduly lenient.”
Shows no remorse
Appeal court judges have now published their ruling, finding although errors were made the final decision was “fair and proportionate.”
The written report, delivered by Lord Carloway, the Lord Justice General, reveals Fergusson continued to deny his crimes when questioned by social workers.
He had “demonstrated no insight into his behaviour, accepted no responsibility and displayed no remorse.”
Fergusson “blamed the complainers, who (he said) had been lying in order to secure compensation.”
According to a Criminal Justice Social Work report, he is at risk of reoffending and “causing serious significant harm” on his release.
“The respondent did not intend to engage in sex offending programmes,” the report states.
Victims attacked while sleeping
The offences took place at various locations in Angus between April 2000 and August 2020.
The court heard how one woman was indecently and sexually assaulted by Fergusson while she slept on multiple occasions.
He also attempted to rape her.
Fergusson further used lewd, indecent and libidinous practices towards a child, from when she was aged just five, over six years.
He also took photos of the youngster, showed her indecent images and offered her money in exchange for sex acts.
The same female, then a teenager, was raped by Fergusson on one occasion and sexually assaulted on another.
Another child was sexually touched by Fergusson several times and once abused as she slept.
Another adult female was sexually assaulted while sleeping and raped on various occasions, up to 2020.
Not unduly lenient
Fergusson was sentenced at the High Court in Dundee in January.
Lord Carloway writes the trial judge should have explained at the time what sentence would have been selected had the offence – or group of offences – stood alone, and why a cumulative sentence of a lesser amount than the sum of various sentences had been selected.
”The court is conscious of the errors made,” he said.
“But it also appreciates that the trial judge heard the evidence led and ought to have been in a much better position to assess the gravity of the offending than this court.
“If this court were to ask itself the question of whether an extended sentence of 18 years, with a custodial part of 14 years, was unduly lenient, it would have to answer in the negative.
“Alternatively, if the court were to quash the sentence because of the errors, and substitute its own sentence, it would reach the same overall result as the trial judge.”
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