Borders Press AgencyA school bus driver watched pornography on his phone while picking up and dropping off pupils.
David Robe was found guilty of a breach of the peace charge by repeatedly viewing the pornographic images of naked women on his mobile while working and in the view of children.
The 55-year-old was driving a private hire school bus, running between the village of Denholm in the Borders and Jedburgh Grammar Campus, between May 1 and September 20 last year.
One former male pupil, who was 16 at the time, told a trial at Jedburgh Sheriff Court that he regularly witnessed Robe looking at porn on his phone while getting on and off the bus.
He said: “If it was busy it would take quite a few seconds in the queue and you could look over the chair and see him looking at his phone. There were images of naked women and a video of people participating in sexual intercourse.
“It was clear he was looking at something inappropriate.”
The teenager said the matter came to light when the police came into the school in relation to another unconnected incident on the bus, and he reported Robe’s antics to the officer.
A female pupil, who was 15 at the time, told the court that she also saw him looking at “inappropriate” images on his phone and expressed concern that he was doing it with so many young children aged between 11 and 18 on the bus.
She said: “Most times the women were fully naked. There were pictures of them in inappropriate angles and positions, and wearing nothing.
“It was mostly every day. But in the end, I would not look as I knew what was happening.”
Robe, of Ashington, Northumberland, declined to give evidence.
Prosecutor India MacLean said she was satisfied Robe had committed a breach of the peace due to the concern about his behaviour in front of children.
She described his behaviour as “reckless” at best, but accepted he had not shown the images deliberately to the children or gained any gratification from that.
Defence lawyer Ed Hulme said Robe, who has no previous convictions, had only been reported by chance.
He argued that the behaviour had not caused genuine alarm or distress on the private hire bus and that it had fallen short of a common breach of the peace offence.
Mr Hulme claimed there was not a significant sexual element to the case, which would require his name to be placed on the Sex Offenders Register.
Sheriff Kevin McCarron said: “My initial view is that there is a significant sexual element to this crime. I take the view that this offence passes the custody threshold.”
He described the evidence of the pupils as credible, reliable and honest and added: “I am satisfied at what they saw was conduct which is seriously alarming.”
Sheriff McCarron deferred sentence until November 7 for the production of background reports, but warned Robe that it was a serious offence and a custodial sentence was at the forefront of his mind.
The court was told that Robe, who has a 30-year-old son, had not worked since the incident was reported to the police and his employers and did not intend becoming a bus driver again although was considering a new career path as a lorry driver.
On leaving the court, Robe commented: “The kids are lying. I am innocent.”
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