Court / Birnie jailed after being found guilty of sexual assault
A MAN from Shetland has been jailed for three years and three months after being found guilty of sexual assault following a trial at the High Court in Edinburgh.Ellis Birnie assaulted a woman during an outing in October 2018.
Ellis Birnie assaulted a woman during an outing in October 2018.
The victim, who is diabetic, told the court in pre-recorded evidence played to the jury, that at the time of the assault she was “very, very deeply asleep, almost comatose” as her blood sugars were high.
She told the court: “I was completely sparked out. I woke up at one point to find his hand inside my trousers.”
“I had come to enough to realise stuff was going on, but I was not fully alert,” the 39-year-old said.
Twenty seven year old Birnie was also found guilty of sexually assaulting a second woman in Shetland between 1 February and 24 August 2020.
On Friday, judge Lord Richardson told Birnie that the only option available to him was to send him to prison.
He also ordered him to be supervised by the authorities for 18 months following his release from custody.
Passing sentence, Lord Richardson said: “You have been convicted of the sexual assaults of two women who were clearly vulnerable at the time of the attacks.
“You took advantage of these women and violated both of them.
“Each of these women had to go through the ordeal of giving evidence against you. They are to be commended for coming forward and doing this.
“The only sentence available in this case is a custodial disposal.”
Birnie had denied a string of charges during his trial but was convicted of three offences last month on majority verdicts by the jury.
On Friday, defence solicitor advocate Tommy Allan said his client was “vulnerable” and suffered from poor health.
Lord Richardson urged Birnie – who observed proceedings via video link from prison – to rehabilitate himself.
He added: “I urge you to take advantage of all the opportunities and supervision that will be offered to you.”
By Edinburgh Court Press Services
Space2face
Space2face Shetland is an independent and confidential service which uses Restorative Justice and the arts to bring those harmed by crime or conflict and those responsible for the harm into communication. We enable everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward.
If you would like to reach out to us, please contact us via e-mail info@space2face.org or mobile 07564 832467.
If you would like to know more, visit our website www.space2face.org, or our Facebook page #space2faceshetland.
The project is also currently fundraising to secure office space in Shetland’s brand-new creativity and wellness centre, The Mission. If you’re interested in getting involved, or making a donation, head over to www.space2face.org/how-you-can-help
