Derry Court
A man who was observed by police engaging in sexual activity in public twice in one night has been given an enhanced combination order at Derry Crown Court.
John McDermott (37) of Briar Hill in Greysteel outside Derry admitted two counts of committing an act of 'lewd, obscene and disgusting nature' outside the Shipquay Hotel and again in the Bishop Street area on June 17 2023.
He also admitted a charge of obstructing police on the same date.
The court heard that shortly after 12.30am a police patrol observed a male, the defendant, and a female engaged in 'sexual activity in full view of the public' in Shipquay Street.
The couple were spoken to and McDermott gave police a false name of a former friend.
The couple were said to have been 'clearly intoxicated'.
About five minutes later another police patrol observed the couple again engaging in sexual activity in the Bishop Street/London Street area and they were advised they would be reported.
Some time later police called at the address of the person whose name McDermott had given to serve court papers and this caused 'considerable distress' to this man and his family.
Speaking to probation the defendant said his 'memory was vague' of the events after drinking from the afternoon at a work event.
He said he has abstained from alcohol since this.
The court heard that the charges had led to family relationships being 'strained' as McDermott had 'humiliated his immediate family'.
However, the court heard his wife had written what Judge Roseanne McCormick KC described as 'a powerful and generous letter' in which she said the defendant was 'devastated by the damage he had caused'.
She said her husband would have to live with 'the regret and guilt' of his actions.
The court heard that the woman involved had been given an adult caution as she had no record and had not given a false name to police.
Judge McCormick said alcohol had been an issue for McDermott but he was now abstaining from it and had been assessed as being of a low likelihood of reoffending.
She said she had in mind a sentence of five months in prison but an immediate custodial sentence would 'heap distress' on his family.
The judge said in this case an enhanced combination order of 100 hours community service and 18 months probation was appropriate.
McDermott was warned should he breach the enhanced combination order a five month jail sentence awaited him.
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