NIGEL MACKENZIE FROM LIVINGSTON SENTENCED FOR CHILD SEXUAL ABUSE AND PRISON CONDITIONS IN EDINBURGH

In July 2019, Nigel Mackenzie, who was residing in Winchburgh near a children’s play park and a football club where young teams train, became the focus of a serious criminal case involving allegations of sexual abuse and prison conditions. Mackenzie, aged 36 at the time, had previously lived on Forth Drive in Livingston, a town well known in West Lothian.

His criminal history includes a six-month jail sentence handed down in Knightsbridge, London, in 1993 for indecent assault on a boy under 16. Despite this, Mackenzie attempted to conceal his past from the mother of a young boy he later abused, claiming that his previous incarceration was for burglary. The woman, whose identity remains protected for legal reasons, later discovered that Mackenzie’s real conviction was for a sexual offence.

The High Court in Edinburgh heard that Mackenzie had engaged in repeated acts of sexual abuse over a period of five and a half years, targeting a boy who was between the ages of seven and twelve during the abuse. The court also learned that Mackenzie had groped the young boy’s friend on one occasion when the boy was approximately 12 years old. Prosecutor Advocate depute Sean Murphy QC detailed how Mackenzie, while watching a Harry Potter DVD with one of the boys, placed his hand between the child’s legs, an act of sexual misconduct.

During the proceedings, Mackenzie admitted to the court that he had committed these acts at various addresses across West Lothian. He also confessed to abusing the boy’s friend on a separate occasion. Mackenzie was remanded in custody on February 9, while awaiting trial, and was held in Edinburgh’s Saughton jail, where he was subjected to the prison’s “slopping out” regime, which involves inmates sharing cells without toilet facilities. Mackenzie’s legal team argued that this regime amounted to “inhuman or degrading treatment,” and they requested that he be moved to a cell with proper toilet amenities. The lawyers further claimed that the chamber pot and plastic bottle provided to him were not even clean.

In addition to his criminal case, Mackenzie is among seven prisoners at Edinburgh’s Saughton jail demanding a total compensation of £87,000, claiming that the “slopping out” conditions violate their human rights. The case is expected to be decided soon by Lord Carloway, who is expected to issue a written ruling. This legal action follows a landmark case earlier this year where armed robber Robert Napier was awarded £2,450 after a ruling that challenged the prison system’s practices. That case has sparked wider debate, with many other inmates reportedly preparing to seek damages for similar conditions across Scottish prisons.

Originally, Mackenzie was scheduled to face trial in May but instead pleaded guilty to charges of serious sexual assault and indecent behaviour. He denied further allegations of sexually assaulting another young boy and indecently assaulting a girl under the age of eight, which the Crown accepted as not proven. Prosecutor Murphy described how Mackenzie referred to his sexual activities as “doing the numbers,” where he would reward the boys with treats depending on the acts performed. The court was told that the young victims had been too frightened to report the abuse earlier, with one boy screaming in pain during an attack.

During the sentencing hearing, Mackenzie’s solicitor advocate Richard Goddard urged leniency, highlighting that his client’s guilty plea spared the victims from the trauma of testifying. He also conveyed Mackenzie’s remorse and his desire to seek help for his behaviour, noting that Mackenzie was suffering from severe depression and low self-esteem. However, Lord Wheatley, presiding over the case, emphasized the gravity of the crimes, stating, “As you are well aware, this case involves the serious, horrifying abuse of two children over a significant period of time.”

Ultimately, Mackenzie was sentenced to seven years in prison, with a strict supervision order to follow upon his release. His name was also added to the sex offenders’ register, reflecting the severity of his crimes and the need for ongoing monitoring to protect the community from further harm.