A PERVERT who secretly took and transmitted a screenshot image of a woman’s private parts from her phone has lost his bid to be taken off the Sex Offenders Register.
Aidan McHugh,21, instructed lawyers to go to the Court of Criminal Appeal in Edinburgh to seek removal from the legal database.
He was placed on the register after being convicted at Airdrie Sheriff Court earlier this year of an October 2014 breach of the peace charge.
He was placed on the register and was also ordered to perform 80 hours community service.
On that occasion, the court heard how McHugh, also of Airdrie, convinced his victim, who cannot be named for legal reasons, to give him her phone at an address in the town.
He told her that he wanted to access his Facebook account but discovered the image on her phone. McHugh then made a copy of the snap and sent it onto a friend.
The woman later discovered what McHugh had done and contacted police who arrested the sex pest shortly afterwards.
On Friday, lawyers acting for McHugh argued that he shouldn’t have been placed on the Sex Offenders Register because of the nature of his conviction.
The court heard that because McHugh was convicted of a breach of the peace charge, there was no sexual component to justify him being placed on the Sex Offenders Register.
Defence advocate Claire Mitchell asked appeal judges Lord Carloway, Lord Bracadale and Lord Matthews to have her client removed from the register.
She added: “He is a very immature 21-year-old man.”
However, Lord Carloway refused to grant the appeal and said McHugh was responsible for “appalling clandestine actions.”
He added: “His actions were deliberate. We conclude the sheriff was entitled to place the appellant on the Sex Offenders Register.
“Consequently, this appeal must be refused.”