Deputy head teacher living in Nairn to appeal sentence related to possession of 'disturbing' child images
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A DEPUTY head teacher put on the sex offenders' register after he was caught with a "disturbing" collection of photographs of pupils is appealing against his conviction.
Police officers found nearly 2500 images of primary school children – many topless – on devices belonging to Alan Burns.
A court heard he admitted he enjoyed watching youngsters perform the "fireman's lift".
The 59-year-old was convicted in March of committing a breach of the peace by taking and keeping photos of pupils for his sexual gratification.
Sheriff Louise Gallacher also found him guilty of an offence under the Data Protection Act.
Burns, now of Charlotte Court, Nairn, will argue at the Sheriff Appeal Court in Edinburgh next week that his conviction should be quashed.
Hamilton Sheriff Court heard he took the photos between 2013 and 2021 while teaching at a school in South Lanarkshire, but he claimed they were for "entirely innocent purposes".
The images were discovered when police officers went to his then home in Stonehouse as part of a wider investigation into a South African website.
Burns told the officers: "I have had this fetish for a number of years and that is the sole reason I have these videos and pictures."
Examination of an iPad and hard drive revealed 2447 pictures of children taken in the school gym over an eight-year period.
Some of the images had been photoshopped, with the gym background replaced with that of a sports field.
Rebecca Clark, prosecuting, told the court: "Often the children in these photos are topless or wearing revealing clothing like shorts.
"They are in grappling poses. Photos were taken at angles that show the children's bottoms as the focal point.
"The images are distasteful and disturbing, particularly when taking into account the fact that Mr Burns had some 30 years working with children of that age.
"He took an enormous number of photos and he wasn't even a PE teacher."
The court heard that specialist police officers examined the photos but none were considered indecent under sexual offences legislation.
Defence agent Andy Brophy accepted that Burns had acted "inappropriately" but argued he should not be put on the register as there was "no significant sexual element".
The solicitor added: "He left his employment immediately this came to light, left his home and moved away. The consequences of these charges are significant for him."
Sheriff Gallacher imposed a three-year supervision order as a "direct alternative" to prison.
She put Burns on the sex offenders' register for three years, telling him: "You breached the trust of children entrusted to your care and that of parents and the school.
"I have no hesitation in concluding that there was a considerable sexual element, indicative of an underlying deviance from which society requires to be protected."
The sheriff took into account Burns had no previous convictions and had taken steps to address his behaviour.
But she expressed concern that he insisted to social workers that his taking of the photos was "for entirely innocent purposes".
The sheriff also ordered him to do 160 hours of unpaid community work and banned him from unsupervised contact with children aged under 16.
