VICTOR MCMINN FROM KELSO SENTENCED FOR SEXUAL ASSAULT ON CHILD IN THE BORDERS

In March 2013, a disturbing case emerged involving Victor McMinn, a school bus driver from Kelso, who was convicted of sexually assaulting an 11-year-old girl. The incident took place at his residence in Kelso, Roxburghshire, over a period spanning from April 2010 to March 2012. The court proceedings revealed that McMinn, aged 68 and residing at Ferniehill Court in Kelso, had engaged in inappropriate conduct towards the young girl, touching her breasts both over and under her clothing during various encounters.

Following his conviction at Selkirk Sheriff Court, McMinn was sentenced to be placed on the sex offenders' register for a period of three years. Additionally, he was given a probationary period of three years and ordered to complete 200 hours of unpaid community service. The court's decision underscores the seriousness of his actions and the breach of trust inherent in his role as a school bus driver.

Sheriff Kevin Drummond expressed significant concern over the case, emphasizing the public's right to be protected from individuals with such criminal histories. He pointed out the troubling fact that McMinn was employed in a position of trust, responsible for transporting children in a rural area, despite having a prior conviction for lewd and libidinous behavior. The sheriff ordered his clerk to notify the Scottish Borders Council's education department to prevent similar incidents from occurring in the future.

During the two-day jury trial, McMinn denied the charges, claiming innocence. However, the jury found him guilty of the specific charge of touching the girl’s breasts during multiple occasions at his Kelso home. A separate charge alleging the repeated sexual assault of another young person on the school bus over six months was not proven.

Sheriff Drummond highlighted the importance of disclosure laws, questioning how McMinn had been allowed to continue working as a school bus driver under a private contract despite his previous conviction. He remarked, "You were acquitted after trial to other charges raised under your employment as a bus driver and also convicted of a sexual assault. In these days of disclosure requirements, it is a great public concern it has emerged you have a previous conviction for lewd and libidinous practices that was dealt with by a probation order. Yet you were employed in a position of trust transporting children in a rural location."

The sheriff concluded by stating that he would ensure the case details were communicated to the Scottish Borders Council's education department to prevent such lapses in future employment screening. The council responded by affirming that they had already reviewed and enhanced their procedures, including implementing the Protecting Vulnerable Groups (PVG) disclosure checks. These checks are now mandatory for all new drivers, whether employed directly by the council or through private firms, and are also used to review the backgrounds of current drivers.

A council spokesperson emphasized their commitment to child protection, stating, "Child protection is a key priority for the council. We have reviewed our arrangements around checking the background of individuals who drive council vehicles or those hired from private companies. These PVG checks provide impartial and confidential criminal history information held by the police and government departments which can be used by employers to make safer recruitment decisions. Robust systems are in place to look at any historical information that comes to light and interviews are undertaken with a potential driver where that information raises any concerns. Council staff are trained to understand how to deal with any issue that arises or any concerns that are raised. Child and Adult protection staff work closely with the transport section to ensure that concerns are dealt with promptly and to ensure passenger safety."