Lawyers for a 60-year-old church member from Dundee who formed a secret relationship with a schoolgirl have argued his intentions were not sexual.
Phillip Brierley appeared at Perth Sheriff Court and pled guilty to “covertly establishing and cultivating” the relationship with the 13-year-old while he was volunteering at Auchterarder Parish Church.
He admitted that throughout April last year he met the child multiple times for walks in the woods and showered her with gifts.
He repeatedly hugged her and asked her to call him “dad,” court papers reveal.
Brierley, of Park Place, Lochee, would also repeatedly talk to her on the telephone and sent her “intimate and inappropriate” messages.
‘What on earth did he think he was doing?’
Brierley was due to be sentenced this week, having previously pled guilty to a charge of conducting himself in a disorderly manner at the High Street church and on Oak Walk, Auchtererarder, between April 1 and 29 2023.
Prosecutors accepted a not guilty plea to a second allegation of attempting to pervert the course of justice by deleting his Snapchat app and disposing of a laptop.
However, the case was adjourned again until Tuesday to determine whether Brierley should be placed on the sex offenders register.
Solicitor Lee Qumsieh, defending, highlighted an issue with a pre-sentencing report prepared by social workers following an interview with Brierley.
“The social work department appear to have proceeded on the basis that this was a sexual offence,” he said.
“Clearly it is a common law breach of the peace and not an offence that would automatically require notification requirements.”
Mr Qumsieh said: “There has not been a determination that this is an offence that has a significant sexual element.”
Social workers had also suggested Brierley could play placed on the Tay Project, a rehabilitation scheme for sex offenders.
“My submission would be that this does not have a significant sexual aspect.”
Sheriff Alison McKay said: “To some extent, a Tay Project assessment is helpful because Mr Brierley didn’t seem to be overly forthcoming with the social work department.
“And given his age and circumstances, my first thought was frankly what on earth did he think he was doing?”
Fiscal depute Nicola Caira, prosecuting, said: “It would be the Crown’s submission that there was a sexual element, due to the nature of some of the messages.”
She said full details were not in the Crown’s summary of evidence – the agreed facts of the case – but were included in a cybercrime report which was unavailable.
Sheriff McKay deferred sentence until Tuesday, when submissions from prosecutors and lawyers will be heard.
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