Mayo man tried to take photo of teen girl in changing cubicle

In the first case of its kind in a Mayo court, a 42-year-old father-of-three has received a suspended jail sentence for attempting to take a photograph of a minor while she was changing in a cubicle at a Castlebar leisure complex.

Vinny McLoughlin, Rockfleet, Newport, pleaded guilty at Castlebar District Court to a charge brought under the Harassment, Harmful Communications and Related Offences Act 2020, which relates to attempting or threatening to distribute or publish intimate images without consent with intent to cause harm or being reckless as to whether harm is caused.

Counsel for the Director of Public Prosecutions (DPP), Diarmuid Connolly BL, instructed by state solicitor, Louise Cresham, explained to Judge Patricia Cronin that the incident took place at Lough Lannagh Leisure Complex in Castlebar on October 3, 2023, at around 8.30pm.

Two teenage girls, who are now aged 19, emerged from the swimming pool and went to their lockers to change. The accused entered cubicles beside both girls' changing rooms. They separately noticed a mobile phone being held under the partition in their respective changing rooms.

The court was shown CCTV footage where the defendant is seen entering the cubicles next to the two girls and later exiting the building.

Mr Connolly said the charge before the court related only to one of the girls who was aged 16 when the incident occurred.

The court was told that gardaí visited the Lough Lannagh complex where the CCTV was provided while they also called to the home of the defendant. No images related to the incident were found on McLoughlin's phone or any other devices, according to Detective Garda Sean Ryan, who carried out a technical examination of the defendant’s phone as well as going through the CCTV which he presented to the court.

The CCTV footage recorded the defendant entering the first cubicle, which was next to one of the girls, where he remained for a period of less than two minutes. The footage then recorded him entering the cubicle next to the injured party. He is then seen exiting that cubicle after 46 seconds but rather than coming straight down the aisle where there is a line of changing cubicles, he is seen going around the back behind the row of cubicles and exiting the building.

While in the second cubicle, he placed his phone under the gap at the bottom of the adjoining cubicle where the injured party was changing.

Garda Christophe Perret, who investigated the incident, said the defendant was always cooperative and handed over his phone and other equipment to gardaí when they called to his house. He pointed out that no images of the girls in the changing rooms were found.

Cliona Boland, counsel for the defendant, described the incident as "an aberration" on behalf of her client who is very remorseful and deeply regretful. He has no previous convictions of any kind. 

Ms Boland said her client was adamant that he had not taken any pictures or videos of the injured party and that was backed up by the fact that no images were found by Detective Garda Ryan, who examined the phone which her client had placed at the bottom of the cubicle.

She also said this incident has already had a huge effect on her client and his family and the defendant’s wife has had to give up her job.

Ms Boland said the incident was "totally out of character" for her client and the only explanation she could offer was that he had come under pressure in his job as a building contractor and, for no reason that he could explain, did use his phone on the evening in question by placing it under the bottom of the cubicle where the injured party was changing but denied strenuously that any photo or video footage had been taken.

No evidence was being offered of any charge relating to the other cubicle which was occupied by the second teenager.

Ms Boland handed in a letter from the wife of the defendant which might help in explaining what he had done on the evening in question but that was not read into the court record.

Counsel also added that a report which had been submitted by the Probation Service was very positive in relation to her client, who has been engaging with counselling services and was very much in the low risk category in terms of reoffending.

A victim impact statement from the injured party was read out by Mr Connolly. The young woman spoke of having her privacy violated, how the incident had caused her so much trauma and anxiety and resulted in sleeping difficulties and other problems as she was constantly worrying if there are or were images out there somewhere of her changing in the cubicle on the evening in question.

“My dignity was taken away. My privacy was invaded. I now suffer from anxiety and feel so vulnerable because of what happened. No person should feel violated or unsafe,” she said in her statement.

Prior to sentencing, Judge Cronin was asked to consider the issue of anonymity in the reporting of the case.

Mr Connolly explained that under this new legislation there was no anonymity clause for the defendant. However, the injured party, who was a minor at the time, is entitled to anonymity.

Mr Connolly also said the judge had no say from a legal perspective in the matter of anonymity in relation to the defendant, pointing out that not only has justice to be done but it had to be seen to be done.

Ms Boland urged the judge to use her discretion as her client was already suffering in his local community because some people were aware of the case. She also pointed out the possible impact it could have on the defendant’s family.

Judge Cronin said her hands were tied in the matter and, under the relevant act which was being applied for the first time in a court in Mayo, she could only rule that the anonymity of the victim would be protected.

She praised the bravery of the injured party who showed a lot of courage by coming forward with her evidence in what was a very difficult case, which clearly had impacted on her and her family.

“I hope the finalisation of this case can bring closure for you and you can get on with your life,” said the judge.

Judge Cronin said it was a very serious case but in imposing sentence she also had to consider that the defendant had shown genuine remorse and had entered an early plea, thus avoiding further trauma by having the injured party take the stand. Noting the positive report from the Probation Service and McLoughlin's clean past record, she felt the appropriate sanction was a suspended jail sentence. She imposed a three-month jail term and suspended it for two years on condition there are no further offences. She also ordered that the defendant have no contact with the injured party and that he continue to engage with the Probation Service.

• Published as part of the Courts Reporting Scheme.