Enniskillen man who exposed himself to pizza delivery drivers avoids sex register
An Enniskillen man who repeatedly exposed himself and performed sex acts while delivery drivers brought Domino's pizzas to his home has avoided any sex offender registration, notification or prohibitions.
The defendant cannot be named amid claims he will self-harm if identified.
A probation order was imposed "to protect members of the public".
The defendant, who is aged in his 30s, first appeared at Enniskillen Magistrates Court back in February where he was formally charged with three counts of exposure.
This involved him intentionally exposing his genitals intending someone would see and be caused alarm or distress, on June 23 and July 2, 2018, as well as dates between June 5 and July 1, 2018. He denied all charges.
It would ultimately be October before it was dealt with, during which the defence said he would not be calling witnesses and was willing to have the matter decided on papers. The defendant declined to give evidence.
The judge 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, the judge decided to adjourn for pre-sentence reports.
Returning for sentencing on Friday, the court was told the defendant was a regular customer of Domino's Pizzas, frequently having these delivered to his home.
He placed an order on July 1, 2018 and the delivery driver duly attended but 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, also in the course of delivering a pizza.
On that occasion, the door to the defendant's home was ajar and he was observed wearing only a T-shirt and performing a sex act. Shocked, the driver left the scene. He composed himself and returned with the pizza which the defendant then claimed he did not order.
Having discussed what occurred, another driver advised he had a similar experience. He arrived to deliver a pre-ordered pizza and observed the defendant seated on the stairs completely naked, performing a sex act. 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 the victims were "robust adult men".
The judge remarked: "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."
He decided a period of supervision would be beneficial as "it is essential to protect members of the public". A nine-month probation order was imposed.