A man has been given a three-month suspended sentence for a "concerning" incident where he exposed himself and masturbated in front of an undercover garda in a Dublin city centre department store public toilet.
Gerard McVeigh (43), from Clondalkin but of no fixed address in Dublin 22, had pleaded not guilty to an offence contrary to the Sexual Offences Act for public masturbation at Marks & Spencer on Mary Street on June 16th, 2021.
However, he was found guilty following a hearing before Judge Michele Finan at Dublin District Court in November.
Judge Finan adjourned sentencing McVeigh, who claimed he was urinating at the time of the incident, pending a probation report.
The case resumed on Friday when Judge Finan noted a "glowing" report on McVeigh was furnished. Furthermore, he had not come to further garda attention and had engaged with the Ana Liffey project.
She said that he had done all that had been asked before imposing a three-month sentence which she suspended on the condition he kept the peace and did not re-offend over the next 12 months.
Judge Finan praised gardaí for their "excellent" handling of the case.
The defence pleaded with the court to give spare McVeigh a recorded conviction. His solicitor asked the judge to note the impact the case had on his client's life and that he had also lost his customer service job with Dunne Stores.
Judge Finan refused to change the order. She said the accused had contested the matter and refused to admit his guilt from the outset was "very concerning". She said the court acknowledged his difficulties but "deems it a very serious offence".
She said she had left him with an option to stay out of trouble to avoid a custodial sentence.
The case followed an operation by gardaí, who had set up a surveillance operation following reports that men had been using the toilets for public masturbation and offensive conduct.
Hearing
Garda John Timmons told the contested hearing in November that he was in plain clothes at the time. He said McVeigh entered, looked at him and went to a urinal.
Garda Timmons saw the accused looking over his right shoulder, and his elbow was moving up and down.
The garda said he stood beside him and saw the accused holding his erect penis with its foreskin pulled back for 20 seconds.
The court heard McVeigh turned to face the undercover officer twice.
A second plainclothes officer witnessed the incident.
Garda Timmons said he identified himself, and McVeigh told him he was "so embarrassed". Garda Timmons waited for him to calm down and cautioned him before arrest.
He said McVeigh replied: "I was playing with myself. I'm so embarrassed."
Garda Timmons said there had been other incidents in the toilets, which became the subject of an investigation.
Garda James Smith told the court he witnessed the incident and heard McVeigh's comment.
Under cross-examination, they did not accept that the accused was urinating or "shaking off" or that they misinterpreted it because they were looking for evidence of a sexual offence.
Garda Seamus Donoghue told the court he went into the toilet afterwards, and McVeigh was "physically shaking". He said he also heard McVeigh's comment.
Judge Finan did not accept that gardaí mistook an act of urination for masturbation, and said that was not plausible.
The defence had told the court that he had lost his customer service job he had for 15 years despite taking his case to the Workplace Relations Commission.
He was from Clondalkin but became homeless and was "sofa surfing."
Previously six other men pleaded guilty to engaging in offensive conduct of a sexual nature in front of gardaí at the same men's toilets in the store on separate dates in 2021.
They were fined in separate proceedings in the district court.
