A pervert priest serving time for molesting a sleeping train passenger has failed in a bid for freedom.
Lawyers for Father Daniel Doherty, 61, tried to persuade judges at the Court of Criminal Appeal on Tuesday the 16-month sentence handed down last year was disproportionate.
A lawyer for Father Daniel argued before judges Lord Matthews and Lord Armstrong his client’s personal circumstances meant that he could be punished without having to be in prison.
Kirkcaldy Sheriff Court heard how Doherty sexually assaulted a man on a train travelling between England and Scotland in April 2024.
The cleric fondled the younger man, who cannot be named for legal reasons, on two further occasions after he had passed out from drinking.
Passing sentence, Sheriff Charles Lugton told Doherty that his offending formed a “course of conduct” which involved a “high level of pre-mediation”.
Appeal dismissed
On Tuesday, defence solicitor advocate Gordon Martin said Doherty had been drinking at the time of the offences and had been struggling with health issues.
He said his client was addressing these issues and was of previously good character.
He had been assessed as being suitable for a community payback order.
Mr Martin said Doherty had been addressing his alcohol misuse and doctors were treating him for prostrate cancer.
His client observed proceedings via video link.
He could be seen wearing a Scottish Prison Service sweater which had the words: “HMP Perth” emblazoned upon it.
Mr Martin added: “He has had a significant fall from grace.”
The judges refused to allow Doherty’s prison sentence to be quashed.
Lord Matthews said: “The effects on the complainer have been and continue to be, far-reaching and life-changing.
“We are unable to identify any way in which the sheriff has erred – it follows that the appeal is refused.”
Decade on register
Doherty was the parish priest at St Francis Xavier Catholic Church in Falkirk.
He admitted three counts of sexual assault against the younger man.
He had drunk four bottles of wine with lunch before the train journey from York to Edinburgh with his companion.
Doherty, of Bruce Street, Falkirk, was also placed on the sex offenders register for 10 years.
Passing sentence, Sheriff Lugton told Doherty he had read a victim impact statement, which clearly showed the conduct “resulted in significant emotional harm to the complainer”.
The court heard previously how Doherty was spotted by concerned passengers, fondling a man sitting next to him on the train.
After it was reported, Doherty told the train manager: “I was affirming him.”
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