Man who placed phone in bathroom of house he shared with others avoids jail

A former student who secretly placed mobile phones in the bathroom of a house he shared with other students with the camera facing towards the shower and the toilet has been given a suspended sentence.

Luke Shaw (22) of Cork Street, Dublin 8 pleaded guilty at a sitting of Naas Circuit Criminal Court to a charge of offensive conduct of a sexual nature which was likely to cause fear, distress or alarm contrary to Section 45 (3) of the Criminal Law (Sexual Offences) Act 2017.

The offence occurred at an address in Maynooth, Co Kildare on dates between June 1, 2021 and August 31, 2021.

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Sergeant Aoife Lacey gave evidence that gardaí became aware of the offence when Shaw arrived at Maynooth garda station with several of his housemates.

She told prosecution counsel, Daniel Boland BL, that the accused had placed a mobile phone in the bathroom of the house unknown to his other housemates.

The court heard that three of the student’s five housemates – two males and one female – had at different times discovered a mobile phone belonging to Shaw hidden in different locations in the bathroom including in the shower and facing the toilet.

Sgt Lacey confirmed that no evidence of any recordings had been found on the phone which the accused had handed over to gardaí as he had admitted applying “a factory reset” to the device.

She recalled being told by one housemate that he had asked Shaw to unlock the phone but the accused would not allow him to check the device himself.

Sgt Lacey said the male was disappointed and angry with his housemate and said he would go to the gardaí about the matter. However, she said Shaw said he would go to the gardaí himself.

The court heard the female housemate felt terrified about the invasion of her privacy after finding a phone pointing towards the shower in the bathroom.

She told Sgt Lacey that Shaw said he could not undo what he had done but begged her not to go to gardaí.

When arrested in November 2021, Shaw told gardaí he got on well with his housemates and he considered them his best friends at college.

However, Sgt Lacey recalled that he was “not keen” to talk about the events before the court.

In a victim impact statement, the female housemate said she was always told to be careful about who she trusted and what happened had impacted terribly on her ability to feel safe.

She said what the accused did had a terrible impact on her mental health and college work.

She described how the house was really silent after Shaw had moved out and while they were all crying they also had a sense of relief.

Another housemate said he had developed a heightened sense of paranoia, while his ability to trust others had been “profoundly shaken.”

He claimed the accused’s actions not only affected his mental health and emotional wellbeing but also financially as he had to move to different accommodation where he had to pay more rent.

The third housemate said he was unable to continue his studies for an entire year because of the breach of trust caused by Shaw’s “insidious behaviour.”

He explained that he felt everywhere he went he was being filmed without his consent.

The student said he regarded Shaw’s apology as “hollow and insincere” as he had to be coerced into going to the gardaí.

The court heard that the accused, who now works for a call centre, has no previous convictions.

Cross-examined by defence counsel, Aisling Murphy BL, Sgt Lacey said she believed Shaw’s apology was genuine.

Ms Murphy told the court that her client, who had a very difficult childhood, was in the first year of college at the time of the offence.

She said Shaw had felt pressure to go to college but had realised just prior to the events before the court that it was not for him.

Ms Murphy accepted it was concerning that the accused had been assessed by a probation officer as being at a high risk of reoffending.

She noted that Shaw was “shocked” at such a finding and pointed out that he had recently been diagnosed with a condition which had “come as a relief.”

The barrister also acknowledged that he had struggled to deal with the hurt he had caused.

She told Judge Martina Baxter that Shaw had been taught “an incredibly valuable lesson” and he had admitted he would have a feeling of regret for the rest of his life and a sadness that he would carry forever.

Ms Murphy said he was a very young man aged 19 at the time, although age was not an excuse for his behaviour.

In a letter read in court, Shaw expressed sorrow for the effect of his actions and stressed he never intended to upset anybody.

He said what he had done would be “the biggest source of shame in my life.”

In reply to questions from the judge, Mr Murphy accepted that Shaw had not followed through on plans to seek counselling, despite offers to help with the cost from his parents.

Judge Baxter described the accused’s offence as “a gross breach of privacy and trust” whose effect was “long-lasting” and which had occurred in “the most private of places.”

Sentencing Shaw to two years in prison, she suspended the sentence in full subject to a number of conditions.

They include that he keeps the peace and places himself under the supervision of the Probation Service for a period of two years and to follow all appointments and directions of a probation officer as well as engage with treatment for his mental health.

The judge also ordered Shaw to reside at an agreed address and to notify the authorities of any changes to where he is living and to make his mobile devices available for inspection at any time.

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