A church elder who formed a clandestine relationship with a 13-year-old girl and asked her to call him Papa Bear has been placed on supervision.
But a sheriff ruled Phillip Brierley’s intentions were not significantly sexual when he befriended the youngster while volunteering at Auchterarder Parish Church.
The married 60-year-old was reported to police when the girl’s mum found a series of “affectionate” Snapchat messages from Brierley telling the youngster he loved her and missed her.
Perth Sheriff Court heard Brierley bought her a £90 bracelet, hugged her and took her on multiple – “too many to count” – woodland walks.
Brierley, who kept the month-long relationship a secret from his wife, told police he had always wanted a daughter.
He strongly refuted any suggestion he had been meeting her for sex.
Woodland walks
Brierley returned to court for sentencing, having previously pled guilty to a breach of the peace by “covertly establishing and cultivating” the relationship throughout April 2023.
Prosecutor Stuart Hamilton said the girl was 13 when she met Brierley at an event connected to the kirk.
“The accused is a volunteer and elder at the church,” he said.
“The complainer states that he was aware she was 13 years old at the time, as she told him during a conversation.”
One evening, the girl was talking to Brierley and thought it would be “amusing” to add him as a friend on Snapchat.
“The complainer stated that they would speak about their respective days and that the messages were not sexual in nature,” Mr Hamilton said.
“Over the course of a number of weeks, the accused and the complainer began speaking more frequently to the point where they were in contact daily over Snapchat.”
Brierley invited the youngster for a dog walk “to catch up”.
The pair met at Auchterarder’s Oak Walk but the youngster had not told her mum who she was going to meet.
These walks became more frequent, Mr Hamilton said.
Brierley met with her on weekday evenings, weekends and also at lunchtimes.
The girl said he sometimes hugged her but only if she was upset or stressed.
She consented to the hugs, she told investigators.
Around June 2023, Brierley asked the girl to call her dad and she agreed.
Phone messages
Mr Hamilton told the court Brierley asked the girl about Pandora bracelets.
“The complainer thought little of this, assuming he was buying a gift for his wife.”
The next time she saw him, he gave her a £90 Pandora bracelet as a gift.
In August 2023, the girl got a new phone and her mum took her old one with the intention of wiping it.
Mr Hamilton said: “The mother became aware of Snapchat notifications on the complainer’s old phone from an account named Batbear.
“The messages were very affectionate and several times he stated that he loved the complainer and that he missed her.”
The mum discovered the Batbear profile was linked to Brierley.
When questioned about the relationship, the girl told her mum he was a friend and admitted she had been meeting him while pretending to meet schoolmates.
The girl confirmed Brierley had asked her to call him dad and Papa Bear.
Her mother phoned the police.
Fall-out
Brierley told his wife about the relationship after learning police had been contacted.
His wife then told church minister Lynn McChlery, who came to Brierley’s home.
“She noted that he was distressed and crying,” the fiscal depute said.
Brierley told her about the girl and said he was trying to help with her mental health and “offer her positive affirmation”.
Police arrested Brierley on the morning of August 29 2023.
He was later charged for a contravention of the Protection of Children and Prevention of Sexual Offences Act 2005.
Brierley replied: “I’m absolutely not guilty. I completely refute that charge. I was only trying to help.”
Police interview
When questioned by police, Brierley said he would go on walks with the youngster up to three times a week.
He said he did not tell his wife about her at the time and denied buying gifts.
He said he did not know how many times they had met up.
“The accused was asked was it too many times to count, to which he replied: ‘Yes.’”
Mr Hamilton said Brierley compared the relationship to a father and daughter.
“The accused stated he had always wanted to have a daughter and so he felt the complainer was fulfilling this need for him.”
Brierley said the girl had also wanted a father figure.
When police asked him why he had described disappearing messages on Snapchat as “safe,” Brierley said: “I’ll have to answer no comment to that.”
Pressed further, he said he knew police would “view the messages as wrong” and “would not see that he was trying the help”.
‘Uncertainty’ over intentions
Mr Hamilton said it was the Crown’s position there was a sexual element to the offence, given the “underlying inferences” of Brierley’s actions.
Solicitor Lee Qumsieh said although his client was originally charged with a sex offence, prosecutors had decided not to proceed on that charge.
“He was simply prosecuted for a common law breach of the peace,” he said.
Sheriff William Gilchrist said pre-sentencing reports suggested “some uncertainty” over Brierley’s motivations.
He said: “For me to make a finding that there was a significant sexual element, I have to be satisfied that that was the motivation – I simply cannot do that.”
Sheriff Gilchrist highlighted a passage in one of the reports which noted it was possible Briersley’s intentions were “protective,” but went on: “The evidence we have is someone who is meeting their own needs by way of gaining attention from someone younger.”
He added: “I am prepared to deal with this as a breach of the peace because of the secretive nature of it and the fact that it was inevitable the public would be alarmed upon finding out about it.”
Brierley, of Park Lane, Lochee, was placed on supervision for 12 months.
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