Edinburgh crime: East Lothian Council employee walks free from court after domestic abuse charges not proven

He stood trial over six days at Edinburgh Sheriff Court

An East Lothian Council employee has walked free from court after the domestic abuse charges levelled against him were found to be not proven.

Graeme Bennion was alleged to have engaged in a course of conduct which caused his former wife Emma Grierson fear and alarm at two addresses In Tranent between June 1, 2018 and February 28 last year. Among the allegations Bennion, 39, was said to have repeatedly contacted police and the local social work department and make false claims regarding Ms Grierson and the couple’s children.

He was also said to have gained access to the women’s social media accounts and send messages to friends and made threats he would harm himself. Further charges included Bennion being allegedly abusive towards Ms Grierson and report her and her new partner to the social work department and use derogatory remarks towards her in front of their children.

The case was heard at Edinburgh Sheriff Court

During the trial the court was played a recording Ms Grierson had made during a confrontation with Bennion at her home. The 20 minute recording was described as “very unpleasant” by a sheriff as it displayed both Ms Grierson and Bennion bickering over child care in front of one their children.

Bennion is employed by the local authority as an Active Schools Coordinator and his role includes working to increase the activity levels of children and young people. The role helps to create opportunities to participate in sport and provides motivation to adopt active and healthy lifestyles.

Bennion, of, Wallyford, East Lothian, denied all the allegations against him and he stood trial over six days at Edinburgh Sheriff Court over the past few months. He was in the dock on Tuesday this week to hear Sheriff John Cook’s scathing comments in his summing up of the case and found the two charges against him to be not proven by the Crown.

Sheriff Cook said: “I have no doubt this was a difficult break up. The question is whether your behaviour here amounts to criminal behaviour. Cases such as this there is a risk recollections given in evidence can be self-serving and may be affected by anxiety as parties are keen to apportion blame and avoid criticism.

“I make these observations as clearly both parents subjected [a child] to an appalling experience captured on a recording that the court has heard. On the basis of that recording a sheriff would have been well been entitled to grant an emergency child protection order to take the child away from both of you.”

The sheriff summed up all of the evidence and ultimately decided the Crown had not proved the two charges beyond reasonable doubt and Bennion walked free from the dock. Earlier this week prosecutor Clare Green addressed the sheriff with her closing speech and said following the breakdown of the marriage Bennion “embarked on a course of conduct that caused psychological harm”.

Ms Green added the martial home had become “toxic” and Bennion would regularly “violate her privacy” by accessing her phone messages and social media accounts. The court heard Bennion was alleged to have made malicious complaints to the social work department and police about Ms Grierson’s new partners. Ms Green said there had been “emotional manipulation” on Bennion’s part and he had “criticised” Ms Grierson’s parenting skills.

The fiscal said Bennion would on occasions “use the children as weapons” and during his evidence he was “not a credible or reliable” witness and had “attempted to paint himself in a good light”.

Lawyer Peter Barr, defending, told the court his client’s former wife had “embellished” certain parts of her evidence and had made allegations against him “without any basis”. Mr Barr said Bennion and Ms Grierson had “differing parental styles” in that he had “a more traditional approach” to parenting while Ms Grierson had “a more relaxed approach”.

The solicitor added: “My overall submission is that the Crown has not proved that any of the behaviour that has taken place is beyond the threshold of the legislation and is reasonable doubt.”

An East Lothian Council spokesperson said: “We have been advised of the outcome of the legal process and are considering next steps to ensure that the matter is dealt with appropriately by the Council. This is a confidential process and it would be inappropriate to comment further at this time.”