Trial hears Elgin police officer sent domestic abuse victim indecent pictures
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POLICE officer Kyle Mackinnon allegedly sent a domestic abuse victim explicit pictures of himself and tried to kiss her without her consent, a trial has heard.
Mackinnon (38), from Elgin, has pleaded not guilty to all charges.
The officer's trial was part-heard at Elgin Sheriff Court on Monday (February 27).
According to the complainer, Mackinnon added her on Snapchat after attending a domestic incident at her home on November 27, 2018.
Mackinnon, then stationed at Keith, allegedly communicated with her for weeks afterwards, sending her sexual texts and pictures of his genitals without her consent between November 28 and December 18.
He is also charged with sexual assault for allegedly trying to kiss her without consent within Keith Police Station.
Defending Mackinnon, Mark Stewart KC said the sexual assault did not happen and the complainer fabricated the messages and pictures.
Prosecuting, fiscal depute Sharon Ralph asked the domestic abuse victim about the alleged police station incident and how it made her feel.
She said: "He pulled me back and tried to kiss me. I pulled my arm back. Then I walked away.
"Afterwards I got a message saying he apologised and shouldn’t have done that.
"Horrible. It just made me feel awkward."
Under questioning from Ms Ralph, the complainer also discussed the photos Mackinnon is charged with sending.
She said: "He would send indecent pictures. Private, indecent pictures of down below – of his penis."
The complainer and other witnesses were shown a copy of an image of a man, alleged to be Mackinnon, lying naked on a bed with his genitalia in view
Mackinnon was repeatedly told to stop, the complainer said, but would apologise each time before continuing later.
Asked why she would reply to the images, she said Mackinnon was providing "insider" information about the domestic abuse case linked to the November 27 incident.
Mackinnon allegedly asked: "Still not feeling a bit naughty?xxx"
Asked by Ms Ralph to explain what the message meant, the complainer said: "He was asking me if I was feeling naughty sexually."
The complainer said she eventually began to save and screenshot Snapchat messages and pictures from Mackinnon after they were "getting too far".
After allegedly noticing the complainer had saved messages from him, Mackinnon is claimed to have written: "Please delete the chats you have saved because I shouldn’t be talking to you about this sort of thing, if that makes sense. Shouldn’t have sent texts either."
Asked whether she was flattered or had encouraged Mackinnon, the complainer denied it.
Mr Stewart KC, however, suggested that the complainer was behind the pictures and messages.
He pointed to the small number of pictures and texts handed to police on a memory card, despite the complainer saying her and Mackinnon spoke almost every day during the period.
Mr Stewart KC said: "From the many, many messages and many, many texts, we have two photographs and two pictures of texts.
"None of which we can check."
He went on to ask why she had not given her phone to officers investigating the allegation against Mackinnon.
The complainer responded that she had been told by the police that the memory card would be sufficient, adding: "I need my phone for my kids and my work."
The trial, presided over by Sheriff David Harvie, also heard from PC Lewis Appleton, who was a probationer officer in 2018 being mentored by Mackinnon.
Ms Ralph asked PC Appleton about a comment Mackinnon reportedly made.
He agreed that Mackinnon has said something along the lines of, ‘For a domestic abuse victim she’s not bad-looking. I would probably have a go at her’.
Asked how the comments had made him feel, he answered: "I was shocked and upset."
Mr Stewart KC described the comments as "lad chat" which lacked any criminal intention.
He said: "What the Crown wants to elucidate here has been described, by a certain US president, as locker room banter.
"Absolutely nothing within the statement suggests there is any intention to commit a criminal offence."
Later in proceedings, Mr Stewart KC said to PC Appleton: "Do you remember, in relation to that particular comment, being asked about it by police officers who were investigating? Do you remember describing it as: ‘Lad chat?’
"Does that sum up how it was viewed by you at the time?"
PC Appleton said: "Quite possibly, yes."
Mr Stewart KC continued: "Let’s be candid – it was the sort of comment that might have been heard in police circles a few years ago."
PC Appleton said: “Quite possibly.”
Mackinnon's trial was only part heard on Monday due to time and the absence of a cybercrime expert.
It is expected to conclude on April 17.
