Priest loses appeal over sex attack on sleeping man

A priest who was convicted of sexually assaulting a sleeping train passenger has had an appeal against his prison sentence denied.

Father Daniel Doherty, 61, was jailed for 16 months for attacking a man on a train while it travelled between Newcastle and Edinburgh in April 2024.

The cleric fondled the younger man, who cannot be named for legal reasons, on two further occasions after he had passed out from drinking.

An appeal to have his sentence replaced with a non-custodial alternative was denied by the Court of Criminal Appeal In Edinburgh.

A lawyer for Doherty, who was a parish priest at St Francis Xavier Catholic Church in Falkirk, argued that his client's personal circumstances meant that he could be punished without having to be sent to prison.

Defence solicitor advocate Gordon Martin said that the priest had been drinking at the time of the offences and had been struggling with health issues.

He said that his client was addressing the issues and was of previously good character. He had been assessed as being suitable for a community payback order.

Mr Martin added: "He has had a significant fall from grace."

Denying the appeal, Lord Matthews said: "The effects on the complainer have been and continue to be far reaching and life changing.

"We are unable to identify any way in which the sheriff has erred - it follows that the appeal is refused."

Kirkcaldy Sheriff Court previously heard how Doherty was spotted by concerned passengers, fondling a man sitting next to him on the train.

Prosecutor Sarah Smith told the court in October: "The complainer had been drinking throughout the day and fell asleep on the train next to the accused, who was in the aisle seat.

"He was awakened by the accused placing his hand inside the waistband of his trousers and inside his boxer shorts.

"He did this around four times throughout the train journey."

Passengers who got on the train at Newcastle saw the priest carry out the assault and British Transport Police were contacted.

Police met Doherty and his victim off the train at Edinburgh's Waverley station.

His victim felt unable to speak about the abuse at the time but later confided to officers about what happened to him on two previous occasions when Doherty abused him whilst he was asleep.

During sentencing, Sheriff Charles Lugton told Doherty that his offending formed a "course of conduct" which involved a "high level of pre-meditation".