SUNSHINE on Leith star Kevin Guthrie has been freed from prison after the actor won an appeal against his three-year sentence for sexual assault.
The 34-year-old actor was jailed for three years last May for preying on a female, who cannot be named for legal reasons, at a flat in Glasgow’s West End in September 2017.
Glasgow Sheriff Court heard how the attack took place at a property belonging to fellow actor Scott Reid - who shot to fame as Methadone Mick in BBC Scotland’s beloved comedy Still Game.
On Wednesday, lawyers for Guthrie failed in a bid to quash his conviction following a hearing at the Court of Criminal Appeal in Edinburgh.
But defence advocate Ian Duguid QC successfully argued that the sentence imposed on Guthrie was too lengthy given the circumstances of the offence.
Duguid argued before judges Lord Carloway, Lord Pentland and Lord Matthews that people in similar positions to Guthrie were given shorter custodial sentences.
The appeal judges agreed and reduced Guthrie’s sentence from three to two.
The decision results in Guthrie being released from custody immediately as he has already served the equivalent of a two-year long prison term.
Lord Carloway told lawyers acting in the case that the court would issue its reasons for cutting Guthrie’s sentence in an opinion sometime in the near future.
During proceedings at Glasgow Sheriff Court, Guthrie denied any wrongdoing and said he had only "helped" the woman after she fell ill.
However, the jury was told that his DNA was found inside her underwear.
The 29-year-old woman had been due to meet the men at a bar in Glasgow but Reid received a call from a taxi driver to collect her as she appeared ill.
He and Guthrie helped the woman into the flat in Glasgow's Kelvindale and put her on a bed.
The court heard Reid called NHS 24 and left Guthrie in the room "to make sure she was OK".
The woman told the court: "I remember my top being lifted up and my bra being held down."
She was groped by Guthrie before he performed a sex act on her.
Guthrie carried out a further two sexual acts and kissed her on the mouth.
The court heard he would stop when Reid came into the room.
Guthrie, who also starred in the Fantastic Beasts films and Netflix series The English Game, was found guilty after a four-day trial and placed on the sex offenders register indefinitely.
Sheriff Tom Hughes placed Guthrie on the Sex Offenders Register indefinitely told him: "The court must show that women can be protected from domestic sexual offences."
He added: "The offence you have been convicted of caused distress and consequences to the young woman involved in this case.
"She was unwell and thought her drink had been spiked elsewhere that night.
"The jury accepted that you committed these heinous crimes and the only appropriate sentence is imprisonment.”
On Thursday, Guthrie observed proceedings via videolink from Dumfries Prison.
Duguid told the court that Guthrie suffered from “defective representation” during his initial trial and should have his conviction quashed.
He added: “The case was not handled properly. There were failures in the case.”
The appeal judges refused to quash Guthrie’s conviction but agreed with defence arguments that the sentence imposed on him was too long.
A judgement explaining why Guthrie’s sentence will be published sometime in the near future.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here