A HARDGATE pensioner convicted of sexually assaulting a 10-year-old girl has been told only his age and lack of previous convictions saved him from a prison sentence.

Hugh Pollock was found guilty at a trial of a sexual offence against a child.

The 71-year-old maintained his innocence throughout the proceedings but was found guilty of placing his hand inside the girl’s underwear and touching her.

Appearing at Dumbarton Sheriff Court for sentencing on Friday, Pollock claimed the charge did not reflect the full situation which unfolded at his Roman Hill Road home on March 18 last year.

Sentence had been deferred for the preparation of a background social work report, the findings of which, defence solicitor Phil Lafferty argued, were “disproportionate”.

Mr Lafferty told the court: “This report appears to me to be neither objective or measured.

“I am concerned that the report says he is a significant risk to the public. He scores minimum, moderate and low risk in the tests used in the report.

“I don’t ever intend to minimise any offence of this type.

“Any assault on a child is a serious matter and an assault of this type is a very serious matter.

“In the scheme of things I would suggest that this incident is at the lower end of that scale.

“It was a fleeting, momentary moment. It was a touch and nothing more than that.”

Pollock’s solicitor told the hearing that his client would be willing to “do what the court requires of him”.

“He has been suspended from his golf club, a pastime which he holds dear,” said Mr Lafferty.

“He has been trying to hold on to what he can of his former life and lifestyle.

“There is no evidence of the kind of grooming behaviour which is suggested here.

“This was a singular event which happened in an unexpected way. There has never been any suggestion of any behaviour like this over the years, notwithstanding plentiful opportunity.”

Sheriff John Hamilton said Mr Lafferty had done “a valiant job trying to mitigate what is a very concerning report”.

Addressing Pollock directly, the sheriff said: “You should be under no illusions that the court was satisfied you did that.It was assault on a 10-year-old girl. It was not an accident.”

Pollock then interrupted the sheriff, saying: “It was a momentary thing when we were carrying on.”

Sheriff Hamilton said the detail of Pollock’s offence - further details of which are too explicit to publish - was “now a matter of fact”.

“Having said that,” the sheriff added, “you have no previous convictions and you are an old man. You are not going to jail.

“It is only your age and lack of previous convictions that stopped me sending you to jail.

“If the shoe was on the other foot you would probably think that anybody should go to jail for that offence.”

Pollock was given a community payback order (CPO) and must carry out 300 hours of unpaid work - the maximum number allowed under the law - within 18 months.

He was also electronically tagged and must remain within his home address between the hours of 7pm and 7am each night for a period of three months.

The sheriff also issued a non-harassment order forbidding Pollock from being with a partner with any children under the age of 18 for three years.

He will be subject to supervision by the social work department for two years and sexual offenders’ notification requirement for 12 months.