AN Enniskillen man convicted of multiple counts of exposure, committed over an approximate three week period last year, has been placed on probation, “to protect members of the public” but remains banned from being named in press at this time.
The defendant, who is aged in his thirties, cannot be identified after a claim he will self-harm if named, was previously accepted by a judge. Despite the case concluding, that ban remains in place at this stage.
He first appeared at Enniskillen Magistrates Court back in February where he was formally charged with of three counts of exposure.
This involved him intentionally exposing his genitals intending that someone would see and be caused alarm or distress, on June 23 and July 2, as well as dates between June 5 and July 1 2018.
He denied all charges from the outset and protracted proceedings followed, including a contested hearing having to be rescheduled on the day it was to be heard in July, but it would ultimately be October before it was dealt with.
The defence said he would not be calling witnesses to give evidence and was willing to have the matter decided on papers,
District Judge Michael Ranaghan told the court he had considered the papers and ruled, “The evidence is strikingly against (the defendant). He is convicted on all counts.”
Deeming the offences extremely serious, Judge Ranaghan decided pre-sentence reports were necessary.
That took place today in Dungannon Magistrates Court where it was heard the defendant was a regular customer of Dominos Pizzas, which he would have delivered to his home.
On 1 July 2018 a delivery driver attended and was met at the door by the defendant, naked from the waist down and in an aroused state. The driver reported the matter and explained a similar situation had occurred the previous week, when in the course of delivering a pizza, the door to the defendant’s home was ajar. He was observed wearing only a tee-shirt and masturbating.
The driver was shocked and left the scene. He composed himself and returned with the pizza which the defendant then claimed he did not order.
Another driver then advised he had a similar experience. Having arrived to deliver a pizza, he observed the defendant seated on the stairs completely naked, masturbating. He made no effort to cover himself.
Police arrested the defendant and he was ultimately picked out in an identity procedure by both victims.
In court defence counsel accepted this was a deeply distressing encounter for the delivery drivers but emphasised there were no women or children involved and indeed they were, “robust adult men.”
Judge Ranaghan told the defendant, “This was very serious and very upsetting to the victims. What makes it more serious is there were several incidents and more than one victim.”
Imposing probation for nine months, he decided while custody was an option, supervision would be more beneficial as, “It is essential to protect members of the public.”
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