Moray policeman had home searched over naked photo allegations
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A policeman accused of sending explicit images of himself to a domestic abuse victim from Keith had his home searched by the force's anti-corruption unit.
PC Kyle Mackinnon has been suspended from the force since shortly after the allegations were first made four years ago.
The domestic abuse victim claims Mackinnon sent several naked pictures of himself without her consent – charges which he denies.
Elgin Sheriff Court was the setting today for the resumption of the 38-year-old's trial after it was adjourned last month due to illness.
A large part of the proceedings concentrated on technical questions surrounding the workings of the social media platform Snapchat, and whether it could be proved that the images had been sent by MacKinnon.
The police constable went to her home in Keith on November 27, 2018, following a domestic assault incident.
She alleges that he began contacting her on social media the following day.
Images sent on Snapchat automatically delete themselves after a few seconds.
The woman therefore claims to have taken screenshots before they disappeared.
She contacted the anti-corruption unit on April 16, 2019, and was interviewed in Keith the same day.
A search warrant was subsequently executed at MacKinnon's home in Elgin on May 6, and his mobile phone was taken away to be examined.
Explicit photos of MacKinnon found on the device were similar to the screenshots shown to the police by the woman.
Fiscal depute Sharon Ralph, prosecuting, said MacKinnon offered no explanation when formally interviewed at a police station.
Mark Stewart KC, defending, stated that his client had remained silent on legal advice.
Questioning Detective Sergeant Gavin Lindsay, one of the police officers who conducted the investigation, Mr Stewart asked why the woman's phone had not also been taken away for examination.
Instead, a memory card was used to make copies of the screenshots.
Mr Stewart argued this made it impossible to state the images had been sent by his client.
He contrasted how "every nook and cranny" of one phone had been examined, whereas the evidence from the complainer’s phone was "delivered to you, prepared by her".
Mr Stewart continued: "The opportunity to investigate the source of transfer of the photographs you were being shown was lost, or certainly not pursued, by the failure to take her phone."
The defence lawyer then went on to suggest that the images could have been either sent or obtained from a third party.
MacKinnon has also pleaded not guilty to sending sexually suggestive messages between November 28 and December 18, 2018.
In addition he denies a further charge of sexual assault involving trying to forcibly kiss the woman in Keith Police Station.
A third and final date for the trial has been scheduled by Sheriff David Harvie for June 16.
