A paedophile who moved to Aberdeen after people in Angus discovered his criminal past has been jailed after he admitted contacting a child by text message on a hidden phone.
Darren Whyte, 35, was placed under a Sexual Harm Prevention Order (SHPO) last year at Dundee Sheriff Court but moved to the north-east because he was “being hassled” after his conviction.
Under the rules of his SHPO, Whyte was banned from having a mobile phone without telling his supervising officers and was also forbidden from contacting anyone under the age of 18.
Appearing at Aberdeen Sheriff Court, Whyte admitted having a secret phone and using it to contact a 13-year-old child.
Search of flat
The court was told officers had gone to carry out a routine search of Whyte’s Aberdeen address on January 30 this year and found he had a basic phone, which had no internet capability.
However, when they returned less than a week later, on February 5, after knocking on his front door they heard “movement” from inside the flat.
Fiscal depute Brian Young said: “It sounded like the opening and closing of cupboard doors.”
The officers asked why Whyte had been opening and shutting doors, and he produced a new Samsung phone from a cupboard in his living room.
Hidden phone
Whyte, now of Victoria Road in Torry, was taken to Kittybrewster custody suite where he admitted using the device to “contact persons on social media whom he believed to be 13 or 14 years old”.
Mr Young said: “He reported that one user had told him they were 13.”
After examining the seized phone, officers found messages with someone who said they were 13 and replies from Whyte, who also claimed to be the same age.
The court heard there was no sexual content within the messages.
Whyte’s defence agent Lee Qumsieh, said his client had cooperated fully with the police and accepted he should not have had the phone.
He added: “He also should not have been communicating with people of that age.”
Moved to Aberdeen for fresh start
Mr Qumsieh explained that Whyte had moved to Aberdeen after having “difficulties” in the Dundee area.
He said: “People had found out about his past and previous convictions, and he had a lot of hassle.
“He wanted a fresh start in the north-east. He was lonely and got the phone so he could speak to people.
“He accepts he was in breach of the terms of the order – he is subject to this rather stringent order for seven years.”
Previous convictions
The court was told Whyte’s previous convictions had involved eight different complainers and one online decoy.
Last September Whyte admitted telling the “child” – actually an adult – he would pay £15 in exchange for indecent images.
Whyte was also caught hiding an illicit smartphone in his trousers after lying to staff at homeless accommodation.
Sheriff William Summers said: “This is a serious offence. The order prevents you from having a phone or contacting children – you have breached both these conditions.”
He said only a custodial sentence was appropriate and jailed Whyte for 20 months, back-dated to when he was placed on remand on February 2.
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