Chef caught in lewd act in M&S public toilet has sentence adjourned

Continued probation assessments on man who grabbed undercover garda's backside while exposing himself

Bruno da Silva (32), of Fort Ostman, Old County Road, Crumlin, leaving Dublin District Court yesterday after an earlier hearing. Picture: Collins Courts

A chef who grabbed an undercover garda’s backside while exposing himself in public toilets of a Marks & Spencer store in Dublin had sentencing adjourned for six months to allow continued probation assessments.

Bruno da Silva, 32, of Fort Ostman, Crumlin, Dublin 12, pleaded guilty in July to masturbating and engaging in offensive conduct of a sexual nature at the men's toilets in the store on Mary Street in the city centre.

Dublin District Court heard undercover gardaí arrested him in a surveillance operation on June 16 last.

Judge Bryan Smyth had asked the Probation Service to draft a pre-sentence report because the court needed to know why da Silva had engaged in this behaviour.

The case resumed on Tuesday when barrister Donal Pattison said his client was not taking the case lightly and had brought €400 to court. 

Da Silva also sought an adjournment for the Probation Service to carry out a “fuller assessment” before the court finalised his case.

His engagement so far has had an impact on improving his insight, the judge was told.

He adjourned the case until May for an updated report.

Must stay away from store

The married Brazilian, who has lived in Ireland for four years, was remanded on continuing bail but must stay away from the department store.

In evidence, Garda Seamus Donoghue had told Judge Smyth earlier that plainclothes gardaí set up an operation in the toilets.

One of them went into the men's room and turned to see da Silva behind him, at which the accused produced his penis and began masturbating in front of the undercover officer.

"The garda walked behind him," said Garda Donoghue.

He was still masturbating, and he then grabbed the bottom of the plainclothes garda.

The officer took out his official ID and a second undercover garda came into the toilet room, the court heard.

Da Silva was co-operative and apologetic on arrest, and he made a voluntary statement admitting his actions.

No members of the public were present at the time.

The defence, pleading for leniency, said da Silva, who has no previous convictions, was unaware they were undercover gardaí.

He had worked mainly as a chef but found things difficult during the pandemic and was going to therapy.

His solicitor said da Silva "read the signals wrong".

He was in Marks and Spencer, something came over him, he did not mean to distress anyone.

The offence took place in a public toilet, but there had been an element of privacy, the defence also submitted.

The court has heard the men's public toilets in the department store had become known as a venue to engage in sexual activities.