Judges allow sex attacker to go free on bail pending trial

A CONVICTED sex offender has been freed on bail, despite a Crown attempt to keep him locked up.

John Bermingham, 43, said "Thank you" to three appeal judges for allowing his release from prison to an address which remained undisclosed for his own safety.

The Court of Criminal Appeal in Edinburgh heard there had been a "history of difficulties … and local unrest" at his previous accommodation.

The Crown had opposed bail for Bermingham, citing "the risk he poses to the public", but the judges agreed to grant it under conditions, including daily reporting to a police station.

In 2002, Bermingham was jailed for nine years for sexually assaulting a teenage nursing assistant after dragging her into bushes at Cameron Toll shopping centre, Edinburgh, and a short time later attempting to rape a girl of 11 in the grounds of Newington Library, Edinburgh.

Last November, after his release on licence, police obtained a Sexual Offences Prevention Order (SOPO) against him at Falkirk Sheriff Court. It imposed restrictions on Bermingham, and he was banned from using public service vehicles between 8am and 9:30am, and 3pm and 5pm – school travel times.

Within days, he was alleged to have breached the order by travelling on buses during the prohibited times. He was charged, made an initial appearance at the sheriff court and was remanded in custody pending trial before a jury. If convicted, he could face a sentence of up to five years' imprisonment.

The trial has still to take place, and Bermingham's lawyers have mounted a challenge in the criminal courts to a prosecution being taken against him, and in the civil courts to the validity of the SOPO. It is claimed the order constitutes a breach of the European Convention on Human Rights.

The case is believed to raise fundamental issues for the first time over the SOPO legislation, and yesterday, defence solicitor-advocate Ann Ogg told the appeal court a decision was still awaited over the granting of legal aid for the civil action. She said the procedure for challenging the SOPO was likely to take "a considerable period of time".

Ms Ogg sought bail for Bermingham, and asked the judges to take into account the time he had already served in custody on remand, and the fact the parole board had not recalled him to jail under his licence for the nine-year sentence.

Two potential addresses had been identified where Bermingham could stay, and they had been checked by the police, she said.

Advocate-depute Dorothy Bain, QC, told the court: "The Crown's position is that, standing the risk he poses to the public, bail is opposed."

Details of the addresses had been provided to the court, she said, but those could not be put into the public domain. "The reason there has to be this secrecy over the addresses is the previous history of difficulties surrounding his other placements and some local unrest," she said.

The judges, Lords Osborne, Reed and Brodie, said they were prepared to grant bail.