Alva driving instructor offered free lessons for "sexual activities"

Alistair MacCorquodale, 65, first appeared in Alloa Sheriff Court for trial on April 30 with proceedings finally concluding on June 5.

He maintained his innocence throughout but yesterday, June 12, a sheriff found him guilty of sexual assault and of indecent communication.

Giving evidence for the Crown, the complainer said she had been on one lesson with the accused but ran into money difficulties and sent him a message to say she would not be able to make her next sessions.

Fiscal depute Gail Russell told the court that MacCorquodale then texted the woman saying: “Don’t worry too much about money for the moment. I’m sure we can work something out.”

The complainer explained: “I was a wee bit clueless as to what was going to happen.”

After a couple of messages, MacCorquodale phoned the young woman in the early hours of the morning and said he hoped she understood the texts that were being sent.

None the wiser, she agreed, until he mentioned having “fun for free lessons” and it dawned on her.

She said she went along with it as she was “scared” and “wanted the phone call to end”.

The prosecutor had asked what she took from the conversation with MacCorquodale. She thought it was things of a “sexual form” which made her feel “very uncomfortable”.

The complainer had then responded to a message from MacCorquodale which said he looked forward to seeing her and had “never done this before”.

She told him there had been a mix-up and that she wasn’t that type of girl.

The prosecution told how he then messaged: “Sorry I misread your initial text, this is where it gets embarrassing.”

He asked if she wanted to continue driving lessons, she said: “Don’t worry about it. I think I will pass on the lessons for now.”

He apologised again and offered to delete all contact, but went on to have further communication.

On Tuesday, June 12, Sheriff Derek Reekie found him guilty of sending electronic messages that were grossly offensive, or of an indecent or menacing character, in that he offered free lessons in return for sexual activity at a property in Alva, contrary to the Communications Act 2003, between October 5 and October 6, 2017.

MacCorquodale gave evidence during which time his lawyer Claire McCarron asked him about the allegation that he proposed free lessons for “sexual favours”.

He disputed it and replied: “I’ve been doing this 20 years. It’s just not in my nature.”

His solicitor said: “[The complainer] contacted you to explain to you that she couldn’t keep her next driving lessons because she couldn’t afford it – is that correct?”

He agreed and said his responses to her were him trying to help.

MacCorquodale was asked why he phoned the complainer, when they already had plans to meet for a lesson, and said it was simply to chat as they were both up.

Ms McCarron asked him: “[The complainer] told us that you then suggested that you could have some fun and you would give her some free driving lessons. What did you mean by that?”

He replied: “I offered to give her manoeuvres and then go for a lesson.”

In giving evidence, the complainer had also suggested she took a sexual element from an emoji – an ideogram used in text messages – that he sent her.

MacCorquodale replied to the claim, saying “that’s her thoughts” but described it as a just a happy, smiley face.

In cross-examination, Ms Russell questioned him on the message he sent following the phone call, which she suggested had sexual connotations.

She said: “You thought that you had established some sort of agreement with this girl, that this was what was going to happen. Is that not the case, why your next message says: Look forward to seeing you on Tuesday, never done this before?”

She challenged his suggestion that what he meant by “never done this before” was speaking to students at that time in the morning.

She also queried why he said it was embarrassing, which he claimed was down to being confused as to if she wanted lessons.

MacCorquodale said: “There was no conversation about free lessons for sex. There’s nothing of a sexual nature whatsoever.”

Ms Russell also questioned his response in which he also offered to delete all contact.

She said: “Why is your reaction so extreme?”

He said he realised she didn’t want lessons.

Ms Russell suggested he had done so when he realised he had “made a fool” of himself.

MacCorquodale was asked why he also phoned and left four voicemails, which were heard in court.

He had offered apologies and mentioned he “had been drinking” and had “too much onboard”.

Ms Russell then said: “The reason you’re phoning, is simply to apologise for phoning at half past one in the morning?

“That doesn’t make sense Mr MacCorquodale, to phone up someone to apologise for phoning.”

In summation, she said it was a difficult thing for MacCorquodale to accept responsibility.

She said: “The verbal communication between him and [the complainer] are backed up by hard copy text messages from Mr MacCorquodale.

“He can’t seem to accept responsibility for what he has done.”

MacCorquodale was also found guilty of a charge of sexual assault that outlined between October 1, 2016 and May 30, 2017 at Stoneyacre, Tillicoultry, and other roadways in Clackmannanshire while in a car, he touched a complainer on the body with his hand on numerous occasions.

He was found guilty of a second charge that between April 1, 2017 and July 1, 2017 at Westbourne Avenue, Tillicoultry, and other roadways within Clackmannanshire, he touched another complainer on the body with his hand on numerous occasions.

In evidence, one complainer told how he would sometimes tap or rub the thigh to correct mistakes, while the other experienced the same thing when she was nervous.

Sentencing for MacCorquodale was deferred until later this month for reports.