A former computer science teacher from Angus was caught operating a device which a witness said was “to try and see up women’s clothing” at a nightclub.
David Turnbull, 41, was caught with the device at Glasgow city centre’s Cathouse on April 22 2023.
Turnbull was earlier seen by members of the public and staff holding the flashing device near unknown women.
Turnbull – who is now a data analyst for the NHS – was found guilty at Glasgow Sheriff Court of breach of the peace.
Sheriff Allan McKay fined Turnbull £1,040 but stated there was “no sexual element” to his offending and did not make him subject to the sex offenders register requirements.
‘Blinking’ device on dancefloor
The court heard from Megan McMahon, 29, who was at the Cathouse dancing with her partner.
She stated she saw Turnbull, of Arbroath, with a device that was “blinking”.
Miss McMahon said: “I thought the placing of it was really out of place.
“The position and action of where the hand was on the device was not an accident.”
Prosecutor Stewart McLean asked the witness if there was anyone near where Turnbull was holding the device.
She replied: “Yes it looked purposeful to try and see up women’s clothing.”
Miss McMahon later described Turnbull’s motions as an “opportunistic swipe.”
The witness stated Turnbull’s actions lasted 20 seconds.
John Kilcoyne, defending, put it to Miss McMahon she did not see his client focus on a particular woman.
She replied: “That’s correct.”
Flashing device ‘too close for comfort’
Cathouse’s former assistant head steward Brian May, 35, said he received a report of a woman being uncomfortable.
He was given a description and went near the smoking area to follow Turnbull and said he found the accused near a woman.
Mr May said: “He bent down with some sort of device in his hand with a flashing light on it.”
Mr McLean asked: “How close was it?”
Mr May replied: “Too close for comfort.”
The witness added Turnbull’s arm was outstretched and the device had red lights on it.
Conviction ‘sealed’ by CCTV
Turnbull was later apprehended by police who arrived at the nightclub.
PC Stuart Horborne told the court the device was seized but it did not contain a USB stick or a memory card.
CCTV of one of the incidents was shown, which Sheriff McKay said “sealed” Turnbull’s conviction.
He said: “Any reasonable person might be caused alarm by that conduct.
“What he has in his hand is recording or gives an impression that something untoward is going on if it isn’t recording – it looked unusual and untoward.”
Mr Kilcoyne stated in his mitigation: “He has a degree in computer science from university.
“He worked in a secondary school teaching computer science and now works for the NHS as a data analyst – he has no previous convictions or outstanding cases.”
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