A court has heard how a security engineer was caught spying on a female student in a toilet at a Dublin university after she spotted him on her phone screen in "selfie mode."

Sean Farrell, 24, from Corduff Park, Blanchardstown, Dublin, avoided jail after being convicted of indecent conduct of a sexual nature in the women's toilets at Dublin City University (DCU) on 20 September 2023.

He was handed a six-month suspended sentence yesterday.

Mr Farrell denied peering over the cubicle at the student and claimed he had entered the women's toilet by "mistake."

'Peeping Tom'

However, Judge John Hughes found him guilty, describing it as a ‘Peeping Tom’ offence.

The verdict came after a contested hearing at Dublin District Court, where Judge Hughes emphasised that the victim was in a vulnerable situation while the accused held a position of trust.

He also noted that Mr Farrell had no prior convictions and suspended the six-month sentence on the condition that he remains offence-free for two years.

Mr Farrell, who was suspended from his job as a college security engineer, was fined €500 and ordered to pay €1,000 in compensation.

He must comply with several conditions, including staying out of DCU and all public toilets except those designated for males - and he is to attend therapy and psychological counselling under Probation Service supervision.

Snapchat, Instagram and TikTok apps on an iPhone. 2021. Picture by: Koshiro K / Alamy Stock Photo

The court heard that the student had entered a cubicle in the ladies' bathroom, where she pulled down her pants and sat on the toilet.

She noticed a person in the neighbouring cubicle.

When she received a Snapchat message and opened her phone, the camera was in 'selfie mode,' showing a male peering over the top of her stall.

The student testified that she was scared and felt her privacy had been invaded.

After the incident, the student met her friend outside the toilet and they waited until the accused emerged. She recognised him by his eyes, hair and eyebrows.

Cross-examination

Under cross-examination by defence solicitor Roy O'Neill, the student acknowledged that it was her word against Farrell's but insisted she had seen him on her phone screen.

Mr Farrell, in his defence, claimed he had mistakenly entered the wrong toilet because he was "bursting" and wasn't paying attention due to personal issues.

He denied intentionally spying on the student.

Prosecutor Ruth Walsh questioned Mr Farrell's account, suggesting it was "no accident" that he chose the centre cubicle, which would have allowed him to look down into the stalls on either side.

Mr Farrell denied this, maintaining that the student had exaggerated the situation.

Garda Paul Higgins testified that someone would have had to stand on a ladder or the toilet bowl to see over the partition.

Verdict

Despite Mr Farrell's claims that the complainant had "jumped the gun," Judge Hughes found him guilty, noting that the student had consistently given the same account to multiple people before repeating it in court.

Mr Farrell was reportedly shocked when first confronted with the allegation.

He explained that he had smirked at the student and her friend when exiting the bathroom because he felt embarrassed by his mistake.

Report by Tom Tuite.