ROBERT MCFARLANE FROM KILMARNOCK SENT BACK TO PRISON FOR VIOLATING COURT ORDERS

In April 2014, Robert McFarlane, a man with a long history of sexual offenses and a resident of Kilmarnock, was once again brought before the courts and sentenced to four months in prison for failing to comply with court-mandated restrictions. This case highlights the ongoing challenges faced by authorities in monitoring high-risk offenders and underscores the importance of strict enforcement of court orders.

McFarlane, aged 47 at the time, was under a court order that explicitly prohibited him from having any contact with young girls. This order was part of a series of restrictions imposed following his previous convictions for serious sexual crimes. The court had previously found him guilty of rape, assault with intent to ravish, lewd and libidinous conduct, and a sexual offense involving a minor. These convictions led to his imprisonment and the imposition of a strict supervision regime designed to prevent any further offenses.

Despite these measures, McFarlane was found to have violated the terms of his court order by failing to notify authorities of his whereabouts and activities during the months of March and April of the previous year. His failure to adhere to the restrictions was brought to light during a hearing at Kilmarnock Sheriff Court, where he admitted to the breach. The court responded by sentencing him to four months behind bars, emphasizing the importance of compliance with court orders to protect vulnerable individuals.

Earlier incidents involving McFarlane also drew significant attention. In December 2011, he was convicted of breaching a sexual offences prevention order that barred him from contact with females under 16. On that occasion, he was sentenced to 11 months in prison after admitting to speaking with a nine-year-old girl at his home on Christmas Eve of the previous year. The court heard that McFarlane, of Northcraig Road, Kilmarnock, had engaged in conversation with the young girl and her family during their visit, despite the restrictions in place.

Prosecutor Andrew Calderwood detailed that the girl, accompanied by her parents and 12-year-old brother, had visited McFarlane’s residence. Once inside, McFarlane remained in the living room for approximately half an hour, during which he interacted with the children and asked them questions. This behavior was in direct violation of the court order, which explicitly forbade him from any contact with minors under 16 unless unavoidable circumstances arose. The incident was later reported to social services and police, leading to further legal action.

When questioned by authorities in June of that year, McFarlane denied any inappropriate contact, claiming, “She’s never been in my company.” His defense attorney, Allan Kerr, argued that McFarlane was at home when the girl and her family arrived and that everyone was aware of the situation. Kerr described the sexual offences prevention order as “very strict” and “narrow,” suggesting that McFarlane’s breach was merely technical. He explained that McFarlane believed he had left the premises after about 15 minutes, citing a need to attend to messages at Tesco as his reason for leaving.

Despite these arguments, the court found that McFarlane’s actions constituted a breach of the court order. The sheriff, Seith Ireland, acknowledged that the breach was not at the most severe end of violations—such as being found in a public park where children were playing—but emphasized that a custodial sentence was necessary. The sheriff stated that the purpose of the sentence was to serve as a reminder to McFarlane that he must disengage from any situation involving minors immediately to prevent further offenses.

McFarlane’s repeated violations underscore the ongoing difficulties in managing high-risk offenders and the importance of vigilant enforcement of court restrictions. His case remains a stark reminder of the need for strict supervision and the potential consequences of non-compliance, especially for individuals with a history of sexual offenses involving minors.