A Scottish teacher has been cleared of sexually assaulting three teenage girls while teaching them during classes at an East Lothian high school.
Andrew McSwan was alleged to have touched the inner thigh of one vulnerable pupil who suffers from autism while giving her instructions during a computing class between August 2019 and March 2020. McSwan, 38, was also said to have assaulted a second female pupil by reaching in and touching her upper and inner thigh during an IT class at the same school between August 2018 and March 2020.
The teacher was also claimed to have sexually assaulted a third youngster by repeatedly pressing his body against hers and placing his hands on her shoulders and back while giving a lesson at the school. McSwan, from Tranent, East Lothian, denied the three sexual assault allegations and stood trial over two days at Edinburgh Sheriff Court this week.
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One pupil, now aged 16, told the court via a video link she was just 14 when she claimed McSwan sexually assaulted her while her classmates worked on computers nearby. The girl, who cannot be identified due to legal reasons, told the court she suffers from ADHD and as a result her leg shakes when she is under any pressure.
She said McSwan sat next to her during one class and when he saw her leg trembling he placed his hand on her inner left thigh and applied pressure with his fingers for “around 10 seconds”. The girl said McSwan’s behaviour was “totally out of the blue” and she felt “really uncomfortable”.
She said she was subsequently contacted by police and the social work department after another pupil had raised concerns about the teacher’s behaviour last year. A second teenage pupil told the court of a similar alleged incident where she claimed McSwan also placed his hand on her inner thigh while he was teaching her at the school.
She said McSwan had a reputation for “looking at the [school] girls weirdly” and he had been nicknamed as “a paedo” by pupils. The girl also told the court she had heard rumours of McSwan having adult pornographic sites open on his computer while in class but added she had never witnessed those incidents.
She told the court McSwan made her move seats so no one was next to her during the computing class before she claimed he approached her and sexually assaulted her while giving her help as she sat her desk. She said the teacher “put his hand on my inner thigh” while no other pupil was looking and after telling her parents what had happened the incident was reported to the police.
A third pupil told the trial on Tuesday 27 the computer science teacher had “pressed his body into my back” while she sat at a desk working and had felt his stomach and crotch area against her. McSwan, a married father of two, broke down in the dock as he gave his evidence to the court claiming the girls were not telling the truth about the allegations against him.
He vehemently denied any wrongdoing and said his suspension last year had been “crushing” for him and had “felt lost” when confronted by the sex assault claims. McSwan told the court he “loved teaching” and had worked hard to build his reputation in his chosen career.
Following all the evidence, Sheriff John Cook said McSwan could walk free from the dock as he was returning not guilty verdicts on all three charges.
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