Mayo man given suspended sentence after pleading guilty to attempting to take photo of minor in changing cubicle

IN the first case of its kind in a Mayo court, a 42-year-old father of three has been given a three-month jail sentence, which was suspended for two years, when he appeared before Judge Patricia Cronin at Castlebar District Court on a charge of attempting to take an image of a minor while she was changing in a cubicle at a Castlebar swimming complex.

Vinny McLoughlin, Rockfleet, Newport, entered a guilty plea to a charge brought under Section 3 of the Harassment, Harmful Communications and Related Offences Act 2020 which relates to attempting or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused.

Counsel for the prosecution, Mr. Diarmuid Connolly, BL, instructed by State Solicitor Ms. Louise Cresham, explained that the incident took place at Lough Lannagh Leisure Complex in Castlebar on October 3, 2023, around 8.30 in the evening.

Mr. Connolly said that two young girls, who are now aged 19, emerged from the pool and went to their locker to change.

He said the accused man entered a changing room on each side of the girl's changing rooms, who both separately noticed a mobile phone under the changing room door.

CCTV footage shown in court showed the defendant entering the cubicles next to the two girls and later exiting the building.

Mr. Connolly said the charge before the court related only to one of the girls who was aged 16 when the incident occurred.

The court was told that gardaí called to the Lough Lannagh complex where the CCTV was provided while they also called to the home of the defendant.

No images related to the incident were found on the phone or any devices that were examined by Detective Garda Sean Ryan, who carried out a technical examination of the defendant’s phone as well as going through the CCTV which he presented to the court.

The CCTV footage recorded the defendant going into the first cubicle which was next to one of the girls where he remained for a period of less than two minutes.

The footage then recorded him entering the cubicle next to the one where the injured party was changing.

He is then seen exiting from that cubicle after 46 seconds but rather than coming straight down the aisle where there is a line of changing cubicles, he is seen going around the back behind the row of cubicles and exiting the building.

It was while he was in the second cubicle that he placed his phone under the gap at the bottom of the adjoining cubicle where the injured party was changing.

Garda Christophe Perret, who investigated the incident, said the defendant was always cooperative and handed over his phone and other equipment when gardaí called to his house.

He pointed out that no images relating to the content were found.

Ms. Cliona Boland, counsel for the defendant, said her client was very remorseful and deeply regretful for what she could only describe as ‘an aberration’ on behalf of her client who had no previous convictions of any kind.

Ms. Boland said her client was adamant that he had not taken any picture or any recording of the injured party and that was backed up by the fact that no images were found by Detective Garda Ryan, who examined the phone which her client had placed at the bottom of the cubicle.

She also said this incident has already had a huge effect on her client and his family and has also impacted on the family home with Tusla becoming involved, while the defendant’s wife had to give up her job.

Ms. Boland said the only explanation she could offer by way of explanation of her client’s behaviour, which was totally out of character, was the fact that he had come under pressure in his job as a building contractor and, for no reason that he could explain, did use his phone on the evening in question by placing it under the bottom of the cubicle where the injured party was changing but denied strenuously that any photo or video footage had been taken.

No evidence was being offered of any charge relating to the other cubicle which was occupied by a second girl, who was a friend of the injured party.

Ms. Boland handed in a letter from the wife of the defendant which might help in explaining what he had done on the evening in question but that was not read into court.

She also added that a report which had been submitted by the Probation Service was also very positive in relation to her client, who has been engaging with counselling services and was very much in the low risk category in terms of reoffending.

A victim impact statement from the inured party was read into court by prosecuting counsel, Mr. Connolly.

In it the victim spoke of having her privacy violated, how the incident had caused her so much trauma and anxiety and resulted in sleeping difficulties and other problems as she was constantly worrying if there are or were images out there somewhere of her changing in the cubicle on the evening in question.

“My dignity was taken away. My privacy was invaded. I now suffer from anxiety and feel so vulnerable because of what happened. No person should feel violated or unsafe,” she said in her statement.

Before Judge Cronin gave her verdict the issue of anonymity for the defendant in the case was discussed by the prosecuting and defence counsels.

Mr. Connolly said under this new Act there was no anonymity clause for the defendant but the injured party, who was a minor at the time, was entitled to anonymity.

Mr. Connolly also said the judge had no say from a legal perspective in the matter of anonymity in relation to the defendant, pointing out that not only has justice to be done but it had to be seen to be done.

Ms. Boland urged the judge to use her discretion as her client was already suffering in his local community because some people were aware of the case.

She also pointed out the possible impact it could have on the defendant’s family.

Judge Cronin said her hands were tied in the matter and, under the relevant Act which was being applied for the first time in a court in Mayo, she could, and did, rule that the anonymity of the victim would be protected.

She praised the bravery of the injured party who showed a lot of courage by coming forward with her evidence in what was a very difficult case, which clearly had impacted on her and her family.

“I hope the finalisation of this case can bring closure for you and you can get on with your life,” said the judge.

Judge Cronin said it is a very serious case but taking into account that the defendant had shown genuine remorse and had entered an early plea, thus avoiding having further trauma by having the injured party to take the stand, along with a positive report from the Probation Service and his clean past record, she felt the appropriate sanction was a suspended jail sentence.

She also ordered that the defendant has no contact with the injured party and that he engage with the Probation Service.

* Funded by the Courts Reporting Scheme.