In 2019, the Offender Database reported that David McLean, 32, of Paisley, was the subject of a “finding of facts” trial at Kilmarnock Sheriff Court. McLean, a former baggage handler at Glasgow Airport, was found to have committed a series of depraved sexual offences against a three-year-old girl. Because McLean was deemed unfit to stand trial on standard criminal charges, the court held a hearing to determine the facts rather than a traditional verdict of guilt or innocence.
The court established that during several months in 2017, the paedophile subjected the young child to a series of vile sexual acts. The evidence presented confirmed that McLean engaged in repeated sexual assaults and exhibited lewd, indecent, and libidinous behaviour toward the toddler. Despite the lack of a traditional conviction due to his mental state, the proceedings were used to ensure the facts of the abuse were legally recognised to facilitate public protection measures.
During the hearing, the prosecution detailed how McLean used his position and access to carry out the abuse. Witnesses provided testimony that helped the Sheriff conclude that the acts had indeed taken place as described. The “finding of facts” process is a specific mechanism in Scottish law used when a defendant is unable to participate in a normal trial, ensuring that the safety of the public and the history of the victim are still addressed.
Following the findings, David McLean was handed a strict Supervision Order. This order legally prohibits him from having any contact—direct or indirect—with any child under the age of 16. Furthermore, he was placed on the Sex Offenders Register, requiring him to notify Police Scotland of his movements and residency. He remains under the management of the Multi-Agency Public Protection Arrangements (MAPPA) in the Renfrewshire area to ensure the highest level of community safety.
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