A woman who was found guilty of assaulting a child in a Glasgow drugs den where seven other people carried out “harrowing” abuse was spared further punishment although a judge branded her actions “reprehensible”.
Marianne Gallagher, 40, was convicted of assault following an eight-week trial in 2023, which heard allegations of abuse which a judge said “plunges to the depths of human depravity”.
Co-accused Iain Owens, 46; Elaine Lannery, 40; Lesley Williams, 43; Paul Brannan, 42; Scott Forbes, 51; Barry Watson, 48; and John Clark, 48, are due to be sentenced later this month, having been convicted of gang raping a child and abusing other children in a drugs den where heroin and crack cocaine were used.
Four of the group: Owens, Lannery, Brannan and Williams, were found guilty of attempting to murder a child by pushing her into a microwave and trapping her in other places.
The trial at the High Court in Glasgow heard that offences, involving three children, happened between 2012 and 2019, with allegations of Satanic rituals and dog-killing put before a jury before the prosecution dropped the former and no one was convicted of the latter.
A total of 11 people were put on trial, however, three were acquitted.
Gallagher was the only one convicted who was not added to the sex offenders’ register following conviction in November 2023, and was allowed out on bail.
On Monday, the High Court in Glasgow was told that she had a baby in August and was still struggling with addiction.
The court was told Gallagher was convicted of “hitting and kicking” a child, which happened “occasionally”.
However, the judge told the court ordinarily such an offence would not be dealt with in a High Court.
Gallagher has yet to be sentenced for an offence which predated the trial, from 2022.
Defending, Thomas Ross KC said: “After a lengthy trial, Marianne Gallagher was convicted of assault. Sentence was deferred for good behaviour.
“The author of the report made reference to an outstanding case where sentence was deferred. It doesn’t amount to a breach.”
Judge Lord Beckett said: “Could you confirm there has been no adverse behaviour?”
The prosecutor said: “Yes, I can.”
Mr Ross said: “Firstly, she spent 55 days in custody in 2023. Secondly, she has not committed any offence during the past year.
“I do recognise there may be some issues in the criminal justice social work report which may give Your Lordship some cause for concern.
“She hasn’t shaken off the addiction issues which have plagued her for many years.
“There are issues around the birth of her son, in August.
“She has volunteered to put her child into care.”
He added: “It is unusual in the High Court for a case to be disposed of in this way.
“I also recognise this is a more serious offence.”
Judge Beckett told Gallagher she was “admonished” due to the length of time proceedings have gone on.
He said: “You are in a very different situation to the other persons on this indictment who were convicted.
“You were acquitted of sexual offences and the most serious aspects of charge two.
“Those left are reprehensible, which is ‘hitting and kicking’ Child A, which were referred to as ‘occasional’, as opposed to more regular assaults by others.
“You have shown no remorse.
“I do take into account what has been said in mitigation. During the trial you were remanded in custody for a significant period.
“I Iearn you have had another child, and there are ongoing difficulties in establishing a relationship with your new child.
“I can’t do anything about that.
“I do note the bail conditions and the time they were put in place, and the difficulties in the relationship with your children.
“I don’t see the case for imposing further punishment.”
He added: “If you offend further, you will find yourself in pretty severe trouble.
“You have managed not to offend in the past 12 months.
“You will simply be admonished now. That will be the end of proceedings.”