Appeal judges have cleared a bottom groper of a sex attack at The Park nightclub in Dalkeith two years ago.
Scott Devlin’s conviction was downgraded to common assault after a High Court ruling stated the incident was “drink-fuelled rather than overtly sexual”.
The case arose after the woman, who has not been named, complained to police in July 2013.
Devlin groped her bottom while she danced with another man in the Dalkeith nightspot.
Details of the case were revealed this month in a Scottish legal journal published to advise solicitors on unusual cases.
Devlin was “convicted of sexually assaulting the complainer by placing his hand on her buttocks without her consent,” it states.
The woman had indicated that she was “not interested” in Devlin. He came up behind her and “grabbed her buttocks with both hands, causing her dress to ride up slightly”.
Sheriff Alistair Noble found Devlin guilty in February after a summary trial, in which there is no jury and a sheriff alone decides the verdict. Devlin (31), was fined £200 and placed on the sex offenders’ register for five years.
But he challenged the verdict and the sexual element was struck off by senior judges and the conviction was changed to a common assault. The fine remained in place but Devlin will now not be on the sex offenders’ register. Devlin, of Edinburgh, who works for a printing firm, maintains that no assault took place.