TAXI DRIVER OFFERED TO WAIVE FARE FOR SEX
A taxi driver from Drongan has been placed on the sex offenders register after confessing to offering to waive a fare in exchange for sex.James Mitchell attacked a woman inside his taxi near Cumnock after pulling into a layby, following her comment that he was going the wrong way.
The woman managed to escape after Mitchell touched her arm and thigh while parked on Skares Road.
Mitchell, who is 58, was represented by a solicitor who said he "accepted culpability on an amended basis," having initially denied the offence and planned to rely on a special defense of consent.
The case was heard at Ayr Sheriff Court, where the procurator fiscal depute stated that the woman and her cousin had left an event at The Boolers in Drongan around 1.30am on September 17.
The prosector said: “They left, walking into Millman Avenue, and observed a parked taxi.
They spoke to the accused and asked him to take them to Cumnock.
“The [second] witness gave the accused £40 at her home address.
"Thereafter he continued along the bypass, turning in the direction of Ochiltree.
At this point [the complainer] challenged the accused that he was going the wrong way.
"At this point the accused pulled in and asked the accused what he was doing.
He said: "If you give me some sex you can get the taxi for free." "The accused proceeded to move his hand up her left arm and up her thigh.
"She got out the front passenger door and ran along the road, shouting for help.
"She ran in the direction of East Ayrshire Community Hospital.
and at this point emergency responders heard her shouts for help.
"They observed clear signs of distress and noted she was under the influence.
She reported she had been abused by a taxi driver.
"She was taken by her daughter to her address.
"Police officers attended the accused’s address.
He was cautioned and charges under the Sexual Offences Scotland act.
"The complainer is supportive of a non harassment order." Defence solicitor Tony Currie said: "Mr Mitchell's licence was removed from him, as can be expected, and his employment was lost as well.
"What is clear these two ladies were extremely intoxicated.
Whatever he believed, or was said, is irrelevant due to the condition of intoxication.
"He was in a position of trust as a taxi driver." Sheriff Desmond Leslie told Mitchell: "This was a significant breach of trust.
People should expect safety and security and the responsibility that comes from your position.
"I haven't had a victim impact statement, but I rather think [the victim] will be hesitant about using taxis in the future.
“She was intoxicated and you took advantage of that." Mitchell, of Watson Terrace, was placed under supervision for two years as part of a community payback order and told to pay a fine of £500.
He was also tagged and must remain at his home address every night from 7pm to 7am for the next six months.
He will remain on the sex offenders register for five years with a non-harassment order put in place for the same period.
