Labour kick out Burns over scaring girl on bus
But expulsion too late for election ballot papers
South Lanarkshire’s former depute leader has been expelled from the Labour Party after being convicted on a charge of breach of the peace.
However, ballot papers for the local government election had already been issued by the time of last Friday’s court appearance. It is understood that it is not legally possible to remove anyone from the ballot after the close of nominations.
Therefore, he will still be on the ballot paper as a Labour Party candidate along with fellow Labour councillors Lesley Mcdonald and Andy Carmichael in today’s poll (Thursday) for ward 20, Larkhall.
Burns had been found guilty of approaching a teenage girl on a bus travelling from Hamilton to Netherburn on the evening of September 18 last year, repeatedly staring at her and repeatedly making gestures towards her. A Scottish Labour Party spokesman said this week:“jackie Burns is no longer a member of the Labour Party.”he will not be able to rejoin the party for five years. When the Advertiser contacted councillor Burns this week, he declined to comment. He was depute South Lanarkshire leader when he appeared at court on Friday. However, he was expelled following the conviction and is therefore no longer part of the council administration. A ‘stop press’leaflet issued by councillors Mcdonald and Carmichael states there are two Scottish Labour candidates‘due to recent events.’
The charge throughout court proceedings had been one of a sexually aggravated breach of the peace. It had been alleged Burns had also made gestures of a sexual nature towards the girl and had tried to get her to sit on his leg or beside him. He was also alleged to have approached another female on the vehicle and to have tried to strike up a conversation with her.
However, following evidence, Sheriff Douglas Brown took these aspects out of the charge along with mention of the sexual aggravation.
During the summary trial at Hamilton Sheriff Court, fiscal depute Fiona Kirkby asked the girl how she felt about councillor Burns’behaviour. She had said it had been unwanted and she had been“very scared.”
Giving evidence at Hamilton Sheriff Court, councillor Burns could not explain his actions on the bus that night“in terms of rational behaviour”. He said he had been out with friends and had been drinking.
Questioned by his solicitor Stuart Munro, he said:“there were two people in the back of the bus who were annoyed by my behaviour, but another woman on the bus and the driver were not concerned.”
Councillor Burns accepted his behaviour had been affected by the amount he had to drink that day. His lawyer asked him if he had made gestures of a sexual nature on the bus. Burns replied:“no. I find that absurd.”
He accepted that he had walked to the back of the bus, but said he did not speak to the girl. He said he stood there for seconds, turned and walked back down the bus.
Asked to describe his behaviour by the fiscal depute, he replied:“it’s unusual behaviour.”
Sheriff Douglas Brown said he had been impressed by the evidence given by the girl and her boyfriend and was satisfied Burns’s behaviour amounted to a breach of the peace. The two witnesses had been “genuinely alarmed”particularly the girl who had been crying, as well as the incident having a continued impact.
Sheriff Brown said Burns’s behaviour had been“weird, alarming and upsetting”but he was not satisfied there was a sexual motive. He deferred sentence on Burns (52), of Clovemill Wynd, Larkhall, until June 8 for a criminal justice social work report and ordered he appear on that date.