Man who put his phone under another man’s toilet cubicle to get photos avoids jail termPadraig Conlon 19 Jan 2022
By Sonya McLean
A man who placed his phone under a toilet cubicle to get images of the male occupant has been given a one year suspended sentence.
Aleksander Janik (23) of Rosemount Estate, Dundrum, Dublin 14, pleaded guilty at Dublin Circuit Criminal Court to engaging in offensive conduct of a sexual nature at Dundrum Town Centre on August 10, 2019. He has no previous convictions and has not come to garda attention since.
The court heard at an earlier sentence hearing that gardaí were called to the centre after a man used the public toilet at 6pm that evening and noticed a “live phone” on the ground in his cubicle.
He immediately left and started banging on the door next to him.
A struggle ensured and Janik tried to run from the bathroom, but the man hit him and Janik locked himself in the disabled toilet.
Security and the gardaí were contacted and Janik was arrested.
He made admissions in a subsequent garda interview and a search of his phone revealed images of shoes, legs and a toilet.
Ms Justice Karen O’Connor said the offences were “a significant invasion of privacy” for the victim, but acknowledged that Janik’s plea of guilty was a relief for the man and spared him having to give evidence at trial.
She accepted that Janik has fully co-operated with garda and has been attending counselling for a number of mental health issues.
His brother died “in the most tragic circumstances” shortly after this offence, the judge noted.
Ms Justice O’Connor acknowledged that Janik has a good work history and was previously of good character before she suspended a one-year prison term in full on condition that he engage with the Probation Service for nine months and follow through on all the service’s directions.