An Uber Eats driver hit the bottle and photographed a child’s bottom in Forfar McDonald’s.
Eduards Salajevs abandoned his work and began drinking after driving to the busy restaurant.
He was spotted subtly photographing a 14-year-old girl’s bottom half by a customer waiting for their order.
The girl, who can’t be named for legal reasons, was a complete stranger to Salajevs.
CCTV footage showed drunken Salajevs had arrived at the fast food outlet in his Toyota Prius but at Forfar Sheriff Court, the 45-year-old managed to avoid both a driving ban and the Sex Offenders Register after he admitted acting in a manner “likely to cause a reasonable person to suffer fear or alarm”.
Seedy snap
Fiscal depute Elizabeth Hodgson said at 6.10pm on March 5 last year, Salajevs was waiting in the restaurant with two witnesses and a group of three girls.
“A witness observed the accused walk between her and the group of other customers, which included the complainer, who was with her sister and female cousin.
“As the accused walked past, the witness noticed the accused had his phone in his right hand at an angle.
“The accuser’s hand was down by his side.
“As he was walking, his screen was exposed allowing the witness to see the screen.
“It was apparent that the accused’s camera was open and on the screen was the buttock area of the complainer.”
Ms Hodgson said the witness shouted: “Oh my God, is he recording?”
She told staff while Salajevs stood by the counter, still on his phone.
‘What’s the problem?’
He denied he had taken any images and tried to walk off when he was asked to open his phone’s pictures.
However, he was kept in the restaurant and eventually passed over his phone, which contained a blurry image of the girl from the waist down, which she deleted.
Shortly after, the girl’s mother arrived and called the police.
Salajevs attempted to leave again but was stopped by the same witness.
Officers seized his phone and checked CCTV.
They noted a strong smell of alcohol coming from him.
As an Uber Eats driver, Salajevs’ vehicle was identified.
He told police: “I came, parked my car and went about my business. What’s the problem?”
Just before 10pm, he was breathalysed at police HQ and returned a reading more than four times over the limit.
Trauma days before offence
Solicitor Brian Bell explained his client is still employed as a driver.
He said two days before the incident, he had had to assist after the traumatic sudden death of a friend and “was suffering from extreme stress and anxiety”.
“He had attended at the locus while in his employment but decided that he was not going to work that day and then began consuming alcohol within his car.
“He’d then gone into the restaurant.
“Prior to going in, he phoned his mother, asking that his sister come and collect the car.
“One of the officers did confirm that a female approached them while they were dealing with the accused and requested his car keys to take the car away.”
Mr Bell said: “There’s nothing in this case that would indicate there’s a sexual disorder or deviancy from which the public should be protected.
“His conduct was uninvited. I do accept this amounts to sexual conduct.
“On the plus side for the accused, alcohol had been taken which perhaps explains his behaviour.
“There was no touching. There was no inappropriate comments or noises.
“The accused was in a difficult emotional state.”
No ‘significant’ sexual element
Salajevs, of Lordburn Place in Forfar, admitted being in charge of a car with excess alcohol (92 mics/ 22) and was fined £640 and furnished with ten penalty points.
For photographing the girl, he must undertake 75 hours of unpaid work.
Sheriff Garry Sutherland was shown the snap taken by Salajevs and said: “There’s a sexual element.
“The question the court needs to resolve is whether it’s a significant sexual element.
“All the circumstances are relevant to me. It’s a fine balancing exercise.
“I’m not of the view that there’s a significant sexual element.”
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