Courts in Moray: Alcoholic made sexual remarks to woman
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A Moray man who has a long-standing problem with alcohol has been given one last chance to avoid a lengthy prison sentence.
James Shewan was brought in handcuffs to the dock at Elgin Sheriff Court, having been kept on remand since March 29.
The court heard that, three days beforehand, a woman was sat outside in the sun when Shewan, who she didn't know, came past carrying a can of cider.
He asked if he could sit down and they began talking.
However, the woman became very uncomfortable when Shewan started to make increasingly graphic sexual remarks.
Fiscal Depute Emily Hood told the court that the woman began recording the conversation on her mobile.
A witness then walked past and, noticing how uneasy the woman appeared, invited her into a nearby flat.
Shewan followed and attempted to gain entry into the property. CCTV footage showed him trying the door handle.
The 39-year-old admitted a charge of behaving in a way likely to cause fear and alarm.
He also pleaded guilty to making sexual remarks with the intention of disturbing or humiliating his victim.
In addition, he admitted several more charges of breaching bail conditions.
On top of that, the court also heard about a further offence where the police found the defendant asleep in the living room of another house when he should have been obeying a home curfew.
Defence solicitor Stephen Carty stated that his client had no recollection of the incident with the woman, but appreciated that it must have been a "frightening experience" for her.
Mr Carty added: "Alcohol has been a significant factor throughout Mr Shewan's adult life.
"However his period on remand has given time for him to focus on where his life had been going – and it's not been travelling in the right direction."
Mr Carty went on to speak about the current scarcity within prisons – even for inmates serving long terms – of 'offence focussed work' which attempts to address any underlying issues and problems.
Sheriff Robert McDonald agreed not to jail Shewan.
Instead, he ordered him to carry out 80 hours of unpaid work for the community.
In addition, he will have to wear an electronic ankle tag for the next four months, and remain inside his home on Masonic Close, Elgin, between the hours of 7pm-7am.
Added to that, Shewan was told he must fully co-operate with the Moray Integrated Drug and Alcohol Service for the next three years.
Speaking directly to the defendant, he said: "In the light of your record and the matter of your offending, you couldn't complain if I imposed a custodial sentence today.
"However, I think it might be more in the long-term interests of the general public if you did some offence focussed work.
"This shouldn't be viewed as a soft option.
"It will be for three years – which is a significant period of time.
"If you don't comply and you come back here to court, then you're going to have be taken out of circulation and put in jail."
