‘One last chance’ plea for public masturbater

A Cork man facing a three-month jail term yesterday for masturbating behind two women visiting the city two years ago has pleaded for one last chance to co-operate with the probation service to avoid jail.

Judge Con O’Leary indicated he was imposing a three-month sentence yesterday because of Gavin Kidney’s failure to co-operate with the probation service.

Kidney, aged 24, of 26 Liffey Park, Mayfield, Cork, who was represented by solicitor, Daithí Ó Donnabháin, spoke up as the sentence was being imposed, saying: “Can I not get one more chance?”

Judge O’Leary said that was what was going wrong — Kidney was getting too many chances from the court and was not doing everything required of him by the probation service.

Asked by the judge why he had not done so since the last adjournment, Kidney said: “I am lackadaisical about doing things. I am scared [about going to prison].”

He also said that his lack of co-operation with probation was stupidity on his part.

“I know I don’t show that I care but I really do, like,” Kidney said.

The women, possibly foreign students, were never identified and appeared unaware the offence occurred.

Judge O’Leary said he would adjourn sentencing until September 26 but indicated that Kidney could be at risk of five months’ imprisonment on that date.Inspector Ronan Kennelly previously outlined that on August 3 2017 at 8 p.m. Detective Garda Robert McCarthy was off duty and made a call identifying Gavin Kidney who was known to him.

“Det. Garda McCarthy observed Gavin Kidney walking in what he described as a side to side manner. Det. Garda McCarthy slowed his car almost to a halt.

“Det. Garda McCarthy observed Gavin Kidney clearly masturbating behind the two young ladies. The ladies did not appear to be aware of what was happening,” Insp Kennelly said.

The inspector said the accused was 25 to 30 feet behind the two young women. There was no contact of any kind between the accused and the two women. Other members of An Garda Síochána carried out the investigation. The two women were never identified.

The inspector said it was believed they were foreign and possibly students.Gavin Kidney, 24, of 26 Liffey Park, Mayfield, Cork, pleaded guilty to a charge contrary to The Criminal Justice (Sexual Offences) Act.

He also admitted having a nodge of cannabis for his own use on that occasion and on two other occasions when he was stopped and searched in March and April 2018.Insp.

Kennelly said the accused had three previous convictions for having drugs for his own use and two arising out of similar acts of indecency.

Judge Con O’Leary expressed concern about the repeat nature of the offending. All occurred in the Montenotte area.