A Leven man seen exposing himself at his open front door in the middle of the day was urinating because his toilet was broken, a court has heard.
Derek Mooney, of the town’s Old Mill Court, was reported to police by two women driving past who saw him holding his penis.
The 65-year-old appeared at Kirkcaldy Sheriff Court to plead guilty to committing public indecency by exposing himself on February 19 this year.
A sheriff found there was not a significant sexual element to the charge.
Broken toilet
Prosecutor Lauren Pennycook told the court the women were in a work vehicle at around 3pm when the driver saw Mooney “at his open front door with his jeans undone and holding his exposed penis”.
Shocked, she asked her colleague in the passenger seat if she had seen the same.
“(The other woman) then looked out the window of the vehicle and saw Mr Mooney at his front door holding his exposed penis,” the fiscal said.
The driver turned the car around and returned to the property, where the door was now shut, with Mooney no longer outside, though they could see his shadow through the door’s glass panel.
Police were contacted and officers attended Mooney’s address at around 8.35pm.
After being charged, Mooney told one officer: “I have been using my garden for the toilet because my toilet is broken.”
Ms Pennycook said officers within the property confirmed the toilet appeared to “not be in working order”.
‘Distasteful’ but not sexual
After arguments were made in court about whether the offence involved a significant sexual element – requiring sex offender registration – Sheriff Charles Lugton concluded it did not.
Mr Scott said Mooney has one similar conviction from 1997 and his last conviction was in 2011.
The lawyer said Mooney, who receives universal credit, had “very limited” financial means and asked for him to be admonished
Mr Scott said it was perhaps a “distasteful event” but given the lack of sexual element and the distress caused being brief, the court could draw a line under the matter.
Sheriff Lugton fined Mooney £180.
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