Man guilty of sex attacks

John Bermingham's not guilty plea was rejected

A father of five has been convicted of trying to rape an 11-year-old girl just an hour after carrying out another sex attack.

John Bermingham was convicted at the High Court in Edinburgh, on Thursday, on the basis of DNA evidence after a three week trial.

The court heard how the 11-year-old was on her way home from a dance class when she was dragged behind a library in Edinburgh's Newington district.

Her 35-year-old attacker made her strip to her underwear and forced her to perform sex acts before giving her £20.

The case was heard at the High Court in Edinburgh

The court was also told that an hour earlier, on 4 November, 2000, an 18-year-old nursing assistant was sexually assaulted as she left the nearby Cameron Toll shopping centre.

A glove found at the scene of the Cameron Toll attack and clothing belonging to the schoolgirl held DNA evidence which matched that of Bermingham.

He denied the charges against him, claiming he had been selling stolen antiques in Glasgow at the time.

The jury of six men and nine women was told the chances of a mistake being made over the DNA evidence or that it matched by co-incidence were a billion to one against.

The jury also found him guilty of driving dangerously and under the influence of drink during a 30 mile high-speed chase which led to his arrest a year after the attacks.

Bermingham was also found guilty of possessing a knife in his car.

'Careful consideration'

During the course of the trial other charges were dropped for lack of evidence.

He was cleared of raping a 15-year-old girl, indecency with a 10-year-old girl and spying on a 12-year-old girl as she undressed for bed in her Glasgow home.

And a charge of raping the 11-year-old was reduced to one of attempted rape after she gave her evidence.

None of the victims can be identified for legal reasons.

The schoolgirl seized near Newington Library was allowed to give evidence over a CCTV link to a closed courtroom.

The youngster then described how she had bought chips and was walking home when she heard footsteps.

"I was really scared," she said. "I was trying to scream but his hand was muffling my noise."

Sentence was deferred for reports

The court heard details of the attack and then the victim added: "He said that when I went home, if I called the police he would come after me."

The girl said that since the incident she was scared to sleep in the dark and was "a lot more wary" when she went out.

The jury also heard a tearful teenager tell how she screamed and fought when a stranger dragged her into bushes at Cameron Toll.

She said she was frightened and thought she would be killed or sexually attacked.

The attack was featured on the BBC's Crimewatch programme, and the girl was able to escape after someone shouted and it seemed to startle her assailant.

After the jury delivered its verdicts, Bermingham's wife, Suzanne, 39, stormed from the court shouting: "John, I love you and I know you have not done it."

Lord Hamilton added Bermingham's name to the sex offenders' register.

He told him: "Having regard to the gravity of your conviction, I shall require to give the most careful consideration to what is the most appropriate disposal in the public interest."

Bermingham was remanded in custody and will be sentenced in Glasgow next month after the preparation of background reports.