Belfast Telegraph

Friday 19 December 2014

Man avoids jail for naked sex act in his garden

Pervert: Gareth Magahey
Pervert: Gareth Magahey

A man who stripped naked and was spotted carrying out a sex act in his garden by teachers at a special needs school has been put on probation for three years.

Describing the incident as "quite disgusting", Newtownards Crown Court Judge Piers Grant told 30-year-old Gareth Magahey if there had been any evidence the children had actually saw what he was doing "be in no doubt that a custodial sentence would be clearly appropriate and inevitable".

Former law student Magahey, from Hyndman Street in Belfast, had pleaded guilty to engaging in sexual activity in the presence of a child and committing an act outraging public decency on June 13 last year.

Prosecuting lawyer Sam Magee told the court how teachers at a special school on Meyrick Park in east Belfast spotted a man stripping off his clothes and moving towards the end of the driveway.

They watched as the naked man, who turned out to be Magahey, stood behind a bush but they managed to shepherd the children away and called the police.

Arrested and interviewed, Magahey initially claimed he had been cleaning a rabbit hutch when his clothes became dirty so he took them off, but later confessed he had done it before, it was for a "thrill" and he "just wanted to be in the garden while naked".

He further admitted it had been "part of a game" and that the aim was not to be seen.

Solicitor advocate Darren Duncan submitted that in dealing with problems arising from his own sexuality, Magahey had become immersed in internet pornography and that the "game" he was caught playing was an extension of that.

As well as the probation period, Magahey was ordered to sign the police sex offenders register for five years and prohibited from working with children.

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