‘Obsessive’ NI man who tried to film work colleague in toilet cubicle avoids jail

https://www.belfasttelegraph.co.uk/news/courts/obsessive-ni-man-who-tried-to-film-work-colleague-in-toilet-cubicle-avoids-jail/a277713299.html

A Co Tyrone man who held a phone over a toilet cubicle to film a work colleague has avoided jail and the imposition of a Sexual Offences Prevention Order (SOPO).

David Martin Mills (30), from Coalisland Road in Dungannon, accepted in principle that he attempted to record the male victim carrying out a private act but insisted it was not for sexual gratification.

Dungannon Magistrates Court heard the incident was “not in a vacuum” and had followed a period of obsessive behaviour, starting when the victim and Mills played PlayStation together.

When the victim stopped, Mills tried to pressurise him to continue and attempted to entice him into a private meeting, which he refused.
Then on June 13, 2022, Mills followed the victim, who observed a mobile phone being held over the top of a toilet cubicle in their workplace.
The phone disappeared when the victim asked who was there.
But upon leaving the cubicle, the target of the attempted recording identified Mills and said: “David, you’re f****d.”

The defence counsel argued there was no proof that an image or recording was taken, to which District Judge Francis Rafferty responded: “That’s why he’s charged with attempted voyeurism.”
The defence agreed but added: “The prosecution are not, and never will be, in a position to prove this was for sexual gratification.”

The exchange prompted the judge to ask: “Are you saying nobody could be convicted of this offence because nobody can truly say what’s in another person’s mind?”

The defence clarified the answer was no but stressed that “you have to look to the actions”.

Judge Rafferty countered: “What other purpose of holding a phone over a toilet cubicle could there be?”

The defence replied: “It could be for any nefarious reason whatsoever such as hijinks, bad manners and other potential offences that the defendant is not charged with, such as improper use of a communications network, such as sending images to third parties.”
However, Judge Rafferty said that “every last possible straw” had been grasped.

“The only issue is whether the court can be satisfied, beyond reasonable doubt, that recording a person in a state of nakedness in a toilet is for sexual gratification,” he said.
“I find it is and I convict of the offence.”
The case was adjourned for the preparation of a pre-sentencing report, before Mills’ legal representative returned and insisted his client showed “real insight into his offending, along with a degree of remorse and regret”.
“A significant amount of this appears to have been borne from confusion around sexuality,” he contended.

“This was obviously a serious matter involving a breach of trust with a colleague in a private space. That’s fully accepted.”

Addressing Mills directly, Judge Rafferty said: “For some unknown reason, you contested this. You were befriended by a colleague at work and, whether you had a different or shifting perspective in relation to that, it became clear to those around you that there was something unnatural about your interactions, culminating in you attempting to film him in a toilet cubicle. That is a gross invasion and violation of privacy.”
He continued: “You now have a better understanding of what’s acceptable and what isn’t, but, having said that, you are a 30-year-old man who should have known better, You should not have allowed yourself to lose track of what became entirely inappropriate behaviour.”

As a direct alternative to custody, Judge Rafferty imposed a combination order comprising 18 months’ probation along with 80 hours of community service.

He further decided that a restraining order, banning all contact with the victim for two years, was necessary but stopped short of handing out a SOPO after finding the criteria had not been met.

However, Mills will remain on the sex offenders’ register for five years.