A female shopper who heard heavy breathing from the cubicle next to her in Perth’s Marks and Spencers’ toilet looked up to see a man peering down at her.
Part-time builder Robert Johnstone, 33, had followed the woman into the ladies toilet and then clambered up to watch her.
He admitted causing fear or alarm by observing the 29-year-old woman on October 29, 2019.
His solicitor told the court he was desperate and had rushed into the toilet, mistakenly thinking it was the gents’, before looking into the next cubicle.
Heavy breathing
Fiscal depute Lisa Marshall told Perth Sheriff Court: “The incident happened just before 5pm, when the complainer entered the toilets on the first floor.
“As she was walking in she was aware of the accused behind her.
“She went to the third cubicle and was aware of the accused going into the last cubicle beside her.
“She sat down and started her business. She heard the cubicle door next to her close.
“She thought she heard the accused sit on the toilet and was aware of his breathing becoming heavy but thought nothing of it at the time.
“The complainer noticed a shadow over her and heard the breathing become heavy.
“She looked up and noticed the accused looking over the cubicle wall at her.
“She shouted at him to get out.
“The accused muttered something under his breath and walked out of the toilet.
“As she was going to leave another woman came in to the toilet and she started crying.
“She explained what had just happened to the other lady and they left and approached staff for assistance.”
Johnstone was traced the following day and told police: “I should not have looked over the cubicle in the toilets and looked at her.
“I should not have done it.”
Cleanliness phobia
Solicitor Rosemary Scott, defending, said: “He acknowledged he had gone to the toilet in M&S as he had needed to go to the toilet urgently.
“He said: ‘I needed a poo and needed to go there and then’.
“He knew the M&S toilets were clean.
“He does have a phobia about going to the toilet if he’s out.
“He looked at the signage and thought he was going to the male toilet.
“He accepts he was in a bit of a panic and a rush.
“He went to the cubicle to do his business and thought he heard someone who sounded like a female.
“He panicked and instead of sitting where he was, or finishing and leaving, he stupidly looked over the top of the toilet.
“He realises he shouldn’t have done it.”
She said Johnstone realised his behaviour would have alarmed the victim, but insisted that there was no sexual element to what he had done.
Johnstone, from Stormontfield, Perthshire, had sentence deferred until August for reports and a restriction of liberty assessment.
He was ordered to appear personally.
