Timothy Robson fails to overturn indecent assault conviction
A man who was jailed for four years for indecently assaulting a sleeping woman at his cottage near Oban has failed to overturn his conviction.
Timothy Robson, from Kilmore, said the sheriff at his trial in August 2012 had not acted correctly.
The claim was rejected by judges at the Court of Criminal Appeal in Edinburgh.
Robson, 51, was caught after taking a memory stick containing pictures of him abusing the woman to a Tesco store for transfer to CD. Staff called police.
His original trial at Oban Sheriff Court heard how Robson plied his 25-year-old victim, who cannot be named for legal reasons, with alcohol and Valium tablets.
She told the court that she fell asleep and woke to find herself naked except for her socks. Robson was sitting at her feet looking at his camera.
He claimed the woman wanted to be a model and had previously asked him to take photos that she could send to pornographic magazines.
Robson also claimed they had an on-going intimate relationship. But a jury refused to believe his claims and convicted him of indecent assault.
His defence advocate Dale Hughes argued that Sheriff Douglas Small made a mistake at the trial when he ruled on how far the woman could be questioned about her past.
Mr Hughes argued that this prejudiced the case against his client and that the conviction should be quashed.
However, judges Lord Eassie, Lord Menzies and Lord Wheatley ruled that Sheriff Small had acted in a legally sound manner.
Lord Eassie added: "We have come to the view that no miscarriage of justice has been demonstrated."