Man spared jail for lewd acts in toilets of M&S and HSE contact tracing centre

The judge has already heard that gardaí set up surveillance of the toilet area of the M&S department store after it became known for similar activity, and several other men have already appeared before the same court. File photo

A cleaner, who performed lewd acts in front of an undercover garda in a Dublin department store toilet and an HSE covid contact tracing centre worker, has avoided jail.

Ianos Carolea, 37, from Romania but with an address at The Hermitage, Balgriffin, Dublin 13, pleaded guilty to masturbating in public, at the Marks & Spencer, on Mary Street, in Dublin city centre on June 8, 2021, and at the HSE contact tracing centre at the Heuston South Quarter, Dublin 8, in December 2021.

Judge Bryan Smyth fined him €500.

Garda Seamus Donoghue told Dublin District Court that Carolea was arrested during an operation in the public toilets of the Marks & Spencers branch. The accused had come in and "nodded" to a plain-clothes garda to enter a cubicle beside his cubicle.

Carolea exited the cubicle a moment later and walked to the undercover officer washing his hands. The accused began masturbating, and a second garda came into the toilets, but the accused continued to masturbate. The garda identified himself to the accused, and he was then arrested.

Carolea was working as a cleaner in a contact tracing centre when the second incident occurred. The injured party reported that the accused twice "followed" him into a toilet.

The next time that happened, the accused entered a cubicle without closing the door and started slowly masturbating. The worker reported it to management, who alerted the gardaí.

Sentencing

He had no prior criminal convictions and co-operated following his arrest. Defence solicitor Michael Kelleher said this is how his client understood how to meet other people, "this is what he knew".

He said it was "devastating" for the accused, a committed family man, who brought personal damage on himself and “paid the price for that”. The solicitor said his client had support from relatives who had shown him understanding.

He had attended psychotherapy, resulting in an extensive report furnished to the court. Mr Kelleher submitted that it wouldn't happen again and asked the judge to note his client pleaded guilty at the earliest opportunity.

Imposing a fine, Judge Smyth noted the accused, now employed in construction, earned about €250 a week and is trying to get more to work.

The judge has already heard that gardaí set up surveillance of the toilet area of the M&S department store after it became known for similar activity, and several other men have already appeared before the same court.