At Paisley Sheriff Court, Sheriff Eoin McGinty sentenced Martin Gallagher to four years' imprisonment following his conviction for sexual offences against pupils at the school where he was employed as a teacher.
On sentencing Sheriff McGinty made the following remarks in court:
"You continue to deny these offences
You stand convicted, in the most part by the unanimous verdicts of the jury - of serious sexual offences committed against pupils.
As with every teacher you occupied a heightened position of authority and responsibility and trust. Your offending represents a profound breach of that trust.
Breach of Trust is a phrase often used in these courts – but what does it actually mean in this context?
• Pupils are entitled to have trust in their teachers as people who will safeguard their welfare.
• Parents are entitled to send their children to school in the trust that they will be protected and treated with care and respect.
• Your ex-colleagues are entitled not to have public confidence and trust in their ability to provide a safe and pastoral environment for children to be undermined.
Your actions - have betrayed the trust placed in you by parents - and your actions have cast a shadow over the work of the multitude of good teachers who perform their duties with integrity and care.
Your position within the school gave you access to young people and placed you in a position of influence over them - and in a deliberate, and calculated way – over a period of 10 years – you betrayed their trust in the most awful way – by sexually abusing them
So – in case it wasn`t clear – that is what I mean when I say your offending represents a profound breach of trust.
Amongst other things I have to consider is the impact of your offending upon your victims.
Whilst all the boys were harmed – I single out 2 – I won`t name either.
I commend your victim who 1st reported your abuse - initially to another teacher, then to his mother and ultimately to the police. But for his actions and for his mother`s determination - you would in all likelihood have continued to offend.
And you will recall the testimony of your victim who gave live evidence to the jury in this case. I applaud him for his bravery in doing so. He was especially vulnerable when he first came to your attention – a vulnerability that you latched onto and exploited. You abused him repeatedly over a period of 3 years. You repeatedly abused him in your car. You frequently committed serious sex acts upon him whilst class was in session. You did so surreptitiously. Behind your large desk. Hiding in plain sight - from other boys and indeed, from other members of staff. You will not forget his evidence that he attempted to take his own life long after the events.
Abuse such as this has long reaching consequences. Among other things it affects a victim’s confidence and their ability to trust others; it affects relationships and it affects self-esteem.
And a common thread in the victim impact statements that have been placed before me is the sense of shame and embarrassment experienced by your victims.
And on that note I say this to all the boys involved– any sense of shame or embarrassment – or sense of responsibility which any of you might have is completely and utterly unfounded - it belongs nowhere other than with Martin Gallacher who committed these offences against you.
In determining the appropriate sentence, I have considered the nature and seriousness of the offences, the circumstances in which they were committed, the age and vulnerability of your victims, the duration and extent of the offending, and the other relevant aggravating and mitigating factors. I have also considered the content of The Justice Social work report and mitigation advanced on your behalf.
I have concluded that the only appropriate sentences are sentences of imprisonment.
Charge 1 – 9 months imprisonment
Charges 2 & 4 – will be dealt with in cumulo – meaning together as they were committed against the same boy – the sentence is one of 4 years imprisonment
Charge 6 – 6 months imprisonment
Charge 9 – six months imprisonment
Charge 11 - six months imprisonment
Charge 12 - six months imprisonment
Charge 13 - six months imprisonment
Charge 15 - six months imprisonment
Charge 16 – 9 months imprisonment
Charge 17 - 12 months imprisonment
Charge 20 - six months imprisonment
Charge 21 - six months imprisonment
Charge 22 - six months imprisonment
All sentences will run concurrent to each other making a total of 4 years imprisonment
As a result of this sentence you will subject to Notification Requirements – otherwise known as the Sexual Offenders Register for life
You will be subject to the Sexual Harm prevention Order for a period of 10 years
I make Non Harassment Orders in respect of all victims prohibiting you from contacting them for a period of 10 years.”
