A security engineer was caught spying on a vulnerable female student using the toilet at a Dublin university campus after she spotted him on her phone in "selfie-mode", a court has heard.
Sean Farrell, 24, avoided jail and walked free from court on a six-month suspended sentence after being convicted of indecent conduct of a sexual nature in women's toilets at Dublin City University (DCU) on September 20th 2023.
Farrell, of Corduff Park, Blanchardstown, Dublin, claimed he went in by "mistake" but denied the allegation that he was peering over the cubicle at the young woman.
However, Judge John Hughes found him guilty of what he described as a "Peeping Tom" offence.
The verdict followed a contested hearing, which concluded at Dublin District Court on Wednesday evening.
The judge said the victim was in a vulnerable situation while the accused was in a position of trust in the university, and she had to give evidence and face cross-examination in court.
He noted, however, that Farrell had no prior convictions and imposed a six-month sentence suspended on the condition he did not offend again for two years.
The college security engineer, who was suspended from work, was also fined €500 and ordered to pay €1,000 compensation and to obey conditions, or the sentence would be imposed.
He must remain under Probation Service supervision and prove he attended therapy for the offence, and psychological counselling.
The judge also warned him to have no contact with the complainant and told him he must stay out of DCU and all public toilets "save for those assigned to those of male gender".
The student told the court she had gone into a cubicle in the ladies bathroom, pulled down her pants and was sitting on the toilet.
There was a person in the cubicle beside her.
She received a Snapchat text message and went on her phone; the screen opened up straight into the camera, and "it was in selfie mode".
Because of that, the witness said, "I saw a male peering into the stall on top of me".
She could see him on the top corner of the screen before he ducked.
The student said she was scared, and it was an invasion of her privacy, and "I wanted to get out as soon as possible".
Since then, "I have my phone out constantly, just in case", she said before thanking the court, gardaí and college officials for listening to her account.
The court heard that the student met her friend in the toilet afterwards, and they left but waited outside until the accused came out when she pointed to him and recognised his eyes, hair and eyebrows.
Cross-examined by defence solicitor Roy O'Neill, she explained she did not have time to take a picture to get a clear photo of him, "even if I had straight away, his head went straight down." She thought he ducked after seeing her screen was on the selfie setting.
The complainant agreed with the solicitor that it was her word against his.
Her friend came in and was told about the accused peering over the stall. She alleged that when Farrell emerged from the bathroom, he kept saying "Hi" as she stared at him, and then he began working on an electrical box.
A faculty head told the court the two students were frazzled when they reported the incident and he alerted campus security.
The court heard Farrell had been working on an access door in the lobby outside the men's and ladies' toilets.
Farrell told investigating Garda Paul Higgins two weeks later that he needed to run wiring through the female toilet. However, in evidence, he claimed he was there because he was "bursting" and needed to go to the toilet.
He claimed he made a mistake and realised when he heard female voices.
Farrell told the court he had a lot on his mind because his girlfriend was unwell, and he had not been concentrating.
Cross-examined by prosecutor Ruth Walsh, he agreed he had used the male toilet next door earlier that day.
Ms Walsh also put it to him that it was "no accident" that he selected the centre cubicle of three so he could look down into the stalls on either side, which he did not accept.
Garda Higgins told the court that a person would have had to stand on a ladder or the toilet bowl to be able to see over the partition.
Farrell testified and tried to convince the judge that the complainant must have seen his work trousers and tools around his ankles and that she "jumped the gun" and exaggerated.
He gave an affirmative reply when the judge asked if he thought she was lying when she previously gave the same account to her friend, the college lecturer, the campus security team, and the garda and then again in court on Wednesday.
The court heard he appeared shocked when he first learned about the allegation.
Farrell claimed to have been embarrassed by mistakenly going to the wrong toilet, so he smirked at the complainant and her friend when he exited the bathroom.
