Deputy head teacher now living in Nairn spared jail despite thousands of images of children in wrestling poses
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A deputy head teacher caught with a "disturbing" collection of photographs showing pupils in wrestling poses has been put on the sex offenders' register for three years
Police officers found nearly 2,500 images of primary school children - many topless - on devices belonging to Alan Burns.
The 59-year-old, now of Charlotte Court, Nairn, was convicted last month 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 avoided prison after now being sentenced at court..
Sheriff Gallacher said he had breached the trust of children and parents, and there were signs of "an underlying deviance from which society is required to be protected".
But she was satisfied that a non-custodial sentence could be imposed.
Hamilton Sheriff Court heard Burns took the photos between 2013 and 2021 while teaching at a school in South Lanarkshire.
The images were discovered when police officers went to his home in Stonehouse, Lanarkshire, as part of a wider investigation into a South African website.
Burns told them he liked to watch children perform the fireman's lift, a technique where a person is placed over the shoulder of the carrier.
He explained: "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 2,447 pictures of children taken in the school gymnasium 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 told Burns: "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.
She warned him: "If you do not comply with these orders and are brought back to court, custody will be at the forefront of my mind."
South Lanarkshire Council said Burns was suspended as soon as concerns were raised by Police Scotland in February 2021 and he resigned shortly afterwards.
Head of education Stewart Nicolson said: “There is no indication that these school photographs were shared or distributed and there is no indication of any harm to children.
"We always take all necessary precautions when recruiting staff and are rigorous in applying the necessary checks and references.
"We work closely with Police Scotland should concerns arise about any individual, and act promptly to apply protective measures should there be any issue with anyone who works with our children."
A parent at the school said: "This is scary. You would never have thought that about this man. He was well-liked by the pupils."
The General Teaching Council for Scotland said Burns is the subject of a 'temporary restriction order'.
He's likely to face a 'fitness to teach' hearing as a result of his conviction.
