County Durham man invited girl at Stanley pub for 'threesome'

Not only did Brian Haley chat inappropriately to the 15-year-old girl, suggesting they could have a “threesome” with a friend she was talking to on her phone, he showed her a pornographic video clip and offered to send her more images via Snapchat.

He also bought her a pint of lager when her mother told him to only get her a soft drink.

Durham Crown Court heard that a lot of what Haley did was in the absence of the girl’s mother, when she went for a cigarette, outside The Top House, in Stanley.

(Image: Google Street View) Haley also made a rude gesture to the girl’s friend she was chatting to on her phone and was berated by bar staff for his, “disgusting," behaviour.

The woman at the bar classed Haley as “four-out-of-ten” drunk.

Andrew Finlay, prosecuting, said the girl, who was sitting at the bar, later said she was not sure if Haley was being serious in what he told her and her friend.

Having bought her the lager, Haley also put his arm around the girl’s back, moving it up and down towards her bottom.

He asked her how old she was and was told “15”.

Mr Finlay said to end her ordeal the girl went to the toilet and contacted her mother, asking her to come and get her.

The incident was reported to police and CCTV from the pub was shown to the defendant, following his arrest.

Haley accepted being present but claimed the girl had shown him an indecent image of a man on her phone.

But when the case came to a plea hearing at the court, the 59-year-old defendant of Kinross Drive, Stanley, admitted charges of sexual communication with a child and sexual assault.

Mr Finlay told the hearing that the defendant has an old conviction for rape, dating from 1997.

(Image: The Northern Echo) Susan Hirst, in mitigation, said the defendant told her he had limited recollection of events in the pub that night, September 19, last year, because of the amount he had to drink.

Miss Hirst said the touching by Hayley was mainly around the girl’s neck and over clothing.

Asked by Recorder Andrew Dallas if her client received some, “summary damage from the locals”, because of his behaviour, Miss Hirst replied: “It would seem so, yes.”

The court heard that as a result of this incident the defendant also lost his job of 24 years, which he has held down since his release from prison after the rape conviction.

Miss Hirst said while the offences were mostly committed when the girl’s mother went outside for a cigarette, there were others present and the bar staff were keeping a watchful eye over the girl, so she was not stranded or alone at the time.

“It was ill-judged of him to buy her a drink of lager and behave as he did in front of multiple members of the public and bar staff.

“It was not a case of getting someone a drink to facilitate an offence.

“It was a misguided thing to do, but there was no prospect of getting her drunk because her mother was still at the premises.

“The touching, I accept, would have been unpleasant.

“She doesn’t want an older man around her, but it was touching at the top of her bottom in public.

“It was far less dangerous than doing it in private and then she told her mother, anyway, what he had done.”

Miss Hirst said the defendant was attacked outside the pub and was unconscious for half-an-hour, losing two teeth for which he had to have a palate fitted.

Asked by Recorder Dallas, Miss Hirst said the defendant did not report that attack to the police.

Miss Hirst said: “He has lost his job, been beaten up and his previous conviction was 27 years ago.

“That shows he’s capable of behaving appropriately but, on this occasion, his addiction to alcohol has been a significant factor.”

She said since the offence he has been working with a charity to reduce his alcohol intake and is not considered to pose a high-risk of re-offending.

Miss Hirst said, having lost his long-term job, the defendant planned to work self-employed as a roofer once the case was concluded, if he did not receive an immediate prison sentence.

She added: “He’s genuinely ashamed of his behaviour and understands how inappropriate it was and how upsetting it was for the victim.

“He’s someone capable of behaving appropriately and, given the work he has started to do, and, more importantly, to protect the public, further work can be done with him to monitor his behaviour.”

Recorder Dallas told Haley: “You are 59 and the girl you sexually communicated with and sexually assaulted was 15.

“You should be particularly careful of how you behave in the light of your serious conviction from 1997 for which you served a five-year sentence.

“It was a long time ago, but, nevertheless, a very serious offence.”

Referring to the latest offences, Recorder Dallas told Haley: “You made a nuisance of yourself, which is perhaps a bit of an under-statement.

“You approached the daughter of someone else in the pub and when her mother was absent, you behaved in a persistently sexual way.

“You showed her indecent images on your phone and made an obscene gesture at her best friend with whom she was on face-time, suggesting the three of you engaged in sexual activity.”

He said that having got the girl’s Snapchat details he offered to send her more indecent material, and then, touched her indecently, upsetting the girl.

“She took refuge in the toilets and told her mother.

“I’m told she wants to put this all behind her, which is understandable, I suppose.

“I also understand that you were subject of summary judgement and were knocked unconscious, losing your two front teeth.

“I’m tempted to say: ‘It serves you right’.

“More importantly, you lost your job of 20-odd years over this matter and you only have yourself to blame.

“The fact was, you were drinking too much and it’s a positive feature that you have cut down on the amount you have been drinking.”

Recorder Dallas said he could send the defendant to prison, but he would only serve a matter of weeks before being released.

Instead, he said he would leave the prison sentence hanging over his head for the next two years with, “a package of measures to restrict your liberty.”

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Suspending a nine-month prison sentence for two years, he ordered Haley to complete 35-days’ rehabilitation activity work with the Probation Service and made him subject of both a six-month alcohol abstinence requirement and a three-month, 7pm to 6am, electronically monitored home curfew.

He must also pay £250 towards the court costs.

Haley will also be subject of a Sexual Harm Prevention Order and notification as a sex offender, both for ten years.