Despite being placed on the sex offenders register at a previous appearance, a man who filmed two women in a nightclub toilet did so with “no sexual element” to the offence, a court has decided.
Jacek Siewierski appeared for sentencing at Perth Sheriff Court on Wednesday, when the outcome of background reports was heard. The 42-year-old had been caught leaning over the top of a cubicle at City Nightclub as he filmed the shocked pair, aged 21 and 22.
He had claimed he went into the ladies’ toilets thinking it was the gents’ and told police he simply wanted to “record the truth” that the women had been in the wrong toilets.
Depute fiscal Stuart Richardson said the women had gone to the toilet at around 12.30am. “One of the ladies used the toilet within one of the cubicles and had finished doing that when she and her friend heard what they thought was a man’s voice nearby,” he told the court. “They looked up towards the top of the cubicle and saw the accused holding a mobile telephone.”
They left the cubicle and reported the matter to a club steward. Siewierski was approached by staff and ejected, with police also being informed.
He was traced nearby and detained by officers, who found him to be in possession of a mobile phone, which was then seized as evidence. When examined it was found to contain a short video clip showing the two women in the toilet cubicle, although “neither was in a state of undress or disarray” at the time.
Siewierski, of Perth Road, Stanley, admitted conducting himself in a disorderly manner at the South Methven Street venue in October by setting up a video recording device in a cubicle in the ladies’ toilets, to the fear and alarm of club-goers and committing a breach of the peace.
After considering the background reports, Sheriff Lindsay Foulis told the court he “didn’t consider there to be a sexual element” and told Siewierski he would no longer be required to comply with the requirements of the sex offenders register.
“I am quite happy that we can deal with this matter by way of a fine but nonetheless the ladies concerned would understandably have been most perturbed and unsettled by your behaviour,” he said. “The trial was put off because you failed to turn up and while I will discount the fine to an extent it will be minimal taking that into account.”
Sheriff Foulis imposed a fine of £750.