Paedophile hunters ‘breached human rights’ of predator
A SCOTS paedophile has taken a legal fight to the highest court in the land claiming his human rights were infringed when he was caught by vigilantes.
Mark Sutherland, 37, was convicted two years ago after sending indecent images and messages to someone he thought was a 13-year-old boy.
In fact, he had been caught in a sting operation organised by the ‘paedophile hunter’ group Groom Resisters Scotland. Sutherland, from Glasgow, argues that his right to a private life was breached. If his case is successful, it could bring into question hundreds of similar convictions.
A panel of five Supreme Court justices is considering whether prosecutions based on evidence gathered in covert sting operations by paedophile hunters are incompatible with a person’s human rights. In 2018, Sutherland, using a gay dating app, sent sexual messages and images to someone he thought was a boy of 13. They arranged to meet at a Glasgow bus station.
When Sutherland turned up, he was confronted by members of Groom Resisters Scotland, who broadcast the encounter on social media. He was jailed for two years in October 2018.
Gordon Jackson, QC, for Sutherland, told the hearing in London: ‘The police are aware of a number of hunter organisations operating in Scotland and the UK, and evidence submitted from these organisations has led to a number of criminal investigations and convictions.’ He said there had been 164 cases prosecuted in Scotland in the past three years involving such groups.
Mr Jackson added: ‘There is tacit encouragement of these groups because the Crown prosecute almost all the cases they bring to them.’
He said such stings did not have legal authorisation under the Regulation of Investigatory Powers (Scotland) Act.
Solicitor General Alison di Rollo, QC, who is opposing the appeal, said the ‘overriding duty’ of the police was ‘to respond to any report of any identified person who may pose a sexual risk to children’.
The hearing is set to conclude today and the ruling is expected at a later date.