CRAIG MCMURDO GOREBRIDGE JAZZ SINGER SENTENCED FOR CHILD PORNOGRAPHY AND SEXUAL EXPLOITATION IN EDINBURGH

In April 2015, a man named Craig McMurdo, known for his musical career and connections to Gorebridge, faced serious criminal charges related to child exploitation and possession of indecent images. The case, which garnered significant media attention, revealed disturbing details about his actions involving a 13-year-old girl and the possession of thousands of illicit images.

McMurdo was convicted of multiple charges following a trial at Edinburgh Sheriff Court. The court heard that in June 2014, he was sentenced to an extended term of 60 months, with 30 months to be served in custody. The charges against him included causing the young girl to participate in sexual activities by inducing her to send explicit images and videos, encouraging her to view naked images of himself, and sending sexually explicit messages over a period of approximately one year. Additionally, he was found guilty of possessing indecent photographs of children, a violation under the Civic Government (Scotland) Act 1982.

The evidence presented during the trial detailed police searches of McMurdo’s residence and workplace in Gorebridge. These searches uncovered various computers containing a large number of indecent images and videos, not only of the complainant but also of numerous other children. The mobile phones of both McMurdo and the girl revealed that they had exchanged sexually explicit texts, videos, and messages throughout the year, despite never having met in person.

During his testimony, McMurdo claimed he was unaware of the presence of indecent images of children on his devices, aside from those involving the girl. He relied on a statutory defense under section 52A(2)(b) of the 1982 Act, asserting that he did not know about the existence of such images and had no control over them. The appeal court examined whether the sheriff had adequately directed the jury on the burden of proof regarding this defense. The court ultimately found that the sheriff’s instructions favored the appellant, emphasizing that the prosecution must prove beyond reasonable doubt that McMurdo knew of and controlled the images. The court clarified that once possession and control are established, the burden shifts to the defendant to prove, on a balance of probabilities, that he was unaware of the images' content.

Despite the appeal, the court upheld the conviction on the charge related to possession of indecent images, ruling that the sheriff’s directions were appropriate and that the prosecution had met its burden. The appeal against the length of the custodial sentence was also dismissed, although the court quashed the extended element of the sentence. The judges noted that the sheriff had provided insufficient justification for the extended term, especially considering McMurdo’s low risk of re-offending based on a criminal justice social work report. The court emphasized that, in the absence of a clear rationale, the extended sentence was excessive.

Separately, McMurdo’s criminal activities included sending explicit texts and images to the girl, forcing her to send him photographs of herself performing sexual acts. The court heard that the victim’s mother discovered the messages and contacted police, leading to McMurdo’s arrest at his home in Midlothian. The police investigation uncovered a significant collection of child abuse images stored on his computers. McMurdo, a former BBC and Smooth radio show host who has performed for notable figures such as Prince Charles and Paul Newman, denied the charges, claiming he believed the girl was 19 based on her Facebook profile. He described their relationship as a “fantasy cyber encounter” and insisted he would not have engaged if he had known her true age.

During the trial, McMurdo expressed remorse for his actions, stating that his career as a jazz singer was effectively destroyed by the arrest. His defense argued that he had a problem with Internet pornography and had been receiving psychological help for 17 months. They requested a non-custodial sentence, highlighting his low risk of re-offending and the impact on his personal and professional life. However, the court determined that a custodial sentence was necessary, and McMurdo was sentenced to 30 months in prison, with an additional 30 months of supervised release. He was also placed on the Sex Offenders Register, reflecting the severity of his crimes.

Overall, the case underscores the ongoing efforts of law enforcement to combat child exploitation and the importance of judicial oversight in ensuring appropriate sentencing for such grave offenses. Craig McMurdo’s case remains a stark reminder of the dangers posed by online predators and the need for vigilance in protecting vulnerable children from exploitation.