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PostPosted: Thu Nov 01, 2018 12:22 pm 
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A bit more of the cross-examination nitty gritty than usual for this type of report.

Ex-Scottish Labour councillor who works as taxi driver in Lewis accused of touching young woman’s breast in exchange for cab fare

https://www.thescottishsun.co.uk/news/s ... l-assault/

It's alleged Donald John Macrae, 47, carried out the sexual assault after a passenger told him she did not have enough money to pay the fare

A FORMER Scottish Labour councillor who works as a taxi driver touched a young woman’s breast in exchange for her fare, a court has heard.

Donald John Macrae of South Shawbost, Lewis, is on trial at Stornoway Sheriff Court.

The ex-Western Isles representative, who served the Harris and South Lochs ward from 2012 until 2017, denies all seven charges against him, including sexually assaulting two women.

In addition, the 47-year-old is claimed to have made sexually explicit remarks to three women.

Macrae faces allegations of assaulting a person on the Pentland Road and Barvas – Ness roads one day last summer and another alleged attack on a different individual at the Braighe in Point in 2011.

The court heard evidence from a woman who claimed he touched her breast several years ago.

Macrae was driving her and a friend in his taxi, she told procurator fiscal Karen Smith.

She was in the front and the other woman sat in the rear seat.

In the witness box, the woman said she did not have money for the £30 fare.

“I said I did not have enough and could I pay him tomorrow.

“He would not let us out and “we had to pay another way.” That was his exact words,” she stated.

Macrae said: “I can do something to you and then he felt my boob,” she told the fiscal.

The witness maintained Macrae put his hand down her zipped top and under her bra.

She “was not ok” with what happened, she said.

Defence lawyer Jennifer Pritchard said the witness she was unsure about the dates and that taxi journey with Macrae “didn’t happen.”

She said: “That’s lies.”

Ms Pritchard suggested the friend was not in the cab and any alleged comment about payment was said during a different hire elsewhere.

The woman replied: “That’s incorrect.”

Earlier, her friend gave evidence indicating she (the friend) was not present in the taxi journey.

Another woman told of a different incident in roadside toilets.

Giving evidence in court she said she was “shocked and upset” when he attacked her on the Bràighe coastal road between Stornoway and Point in 2011.

She told procurator fiscal Karen Smith that she hired Macrae’s taxi and he stopped at the Bràighe toilets, saying he needed to use the facilities.

Macrae left the car but soon returned asking for a torch, saying the toilets were in darkness, she said.

“I told him I could use my mobile phone light,” she said.

The witness said she stood outside with her arm inside the door holding the phone.

“He grabbed my arm firmly and pulled me into the toilet.

“He said he wanted to have sex with me and he tried to force himself on me.

“He said he had a crush on me for a long while,” she told the fiscal.

The woman continued: “I told him to get off me and I threw him and went back to the car.”

Macrae returned to the vehicle a few minutes later and drove her to her destination in silence.

Solicitor Jennifer Pritchard queried: “Why did you not try and stop the door from opening?”

“Because it happened so quickly,” said the witness.

“Why didn’t you just give him your mobile phone,” when Macrae sought a torch, asked the lawyer.

The woman replied: “I don‘t know.”

Ms Pritchard asked why she continued the journey with Macrae after the incident;

The woman did not respond when the lawyer asked: “Surely (a three hour walk) was preferably than being in a car with a man who you said tried to force himself on you.”

“Do you not have an answer for that,“ asked the defence agent.

“No,” replied the witness.

Ms Prichard said the woman could have dialled 999 for help.

The witness said: “I didn’t feel the need to at the time.”

The lawyer said: “You are pulled into the toilet by a man you said wanted sex with you and tried to force himself on you but you returned to his car and didn’t need the police.”

“That’s right,” responded the witness.

The trial in front of Sheriff David Sutherland was adjourned earlier than expected when procurator fiscal Karen Smith became ill.

It is due to continue today.

Donald John Macrae denies all charges against him.


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PostPosted: Thu Nov 01, 2018 11:41 pm 
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Thank god ive never been accused of anything by a passenger must be an absolute nightmare


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PostPosted: Fri Nov 02, 2018 9:12 am 
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Former taxi driver and councillor acquitted of sexual offences

https://www.pressandjournal.co.uk/fp/ne ... -offences/

A former councillor and taxi driver accused of a string of sexual offences has been acquitted of all charges at Stornoway Sheriff Court.

Complaints had been made by four women in relation to the conduct of Donald John MacRae, 47, who served as a councillor for the Harris and South Lochs ward on Comhairle nan Eilean Siar (Western Isles Council) from 2012 to 2017.

However, after a two-day hearing, Sheriff David Sutherland yesterday upheld a submission that there was no case to answer due to insufficiency of evidence, particularly in relation to uncertainty over when key incidents were alleged to have taken place.

Two of the complainants alleged that when Mr MacRae was taking them home after a night out in Stornoway he sexually assaulted them – one by touching her chest and another by trying to have sex with her in a toilet.

Both incidents were said to have taken place around eight to 10 years ago and, due to “discrepancies” in court, the charges were amended to reflect a wider time-gap.

However, MacRae’s solicitor Jennifer Pritchard argued against its competency as there may be “a number of defences in terms of alibi” they have been unable to explore due to the last-minute change in the wording of the charges. She also said the complainers were “not credible or reliable”.

A third complainer said that when MacRae was giving her a run home from the airport last year he gave her “quite a slap” on the thigh and engaged in “very inappropriate” sexual conversation. She said she only came forward to police after hearing Mr MacRae faced other charges.

Ms Pritchard said that in order for a conviction to be imposed in relation to the slap, the crown needed to demonstrate “intent”. She said that as the contact occurred during, as the complainer stated, “general chitchat”, this was not the case.

A fourth complainer did not appear in court.

Mr MacRae’s taxi license was suspended by the council after the charges were initially made.


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PostPosted: Fri Nov 02, 2018 9:14 am 
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Quote:
However, after a two-day hearing, Sheriff David Sutherland yesterday upheld a submission that there was no case to answer due to insufficiency of evidence, particularly in relation to uncertainty over when key incidents were alleged to have taken place.


Another interesting one if he tries to get his badge back :?


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PostPosted: Fri Nov 02, 2018 9:44 am 
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Joined: Wed May 16, 2012 6:33 am
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rayggb wrote:
Thank god ive never been accused of anything by a passenger must be an absolute nightmare


See the new post in the Licensing and Legal section, although hopefully we'll never need to rely on that kind of thing personally.


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