A PENSIONER who flashed his genitals at a cyclist in a public toilet in Chester has been handed a six-week suspended prison sentence.
Andre Paulo de Oliveira Filho, 68, was also made the subject of a curfew order meaning he must be at his home in Cwrt Y Terfyn, Saltney, between 6pm and 6am every night for 12 weeks.
Furthermore, he must sign on the sex offenders register and pay victim John Faulkner £200 in compensation.
Chester Magistrates Court heard yesterday that Mr Faulkner had been left “somewhat alarmed” by the incident at the gents toilets at The Groves near the River Dee.
In a victim personal statement, he said: “It has totally knocked my confidence in using public toilets.”
De Oliveira Filho, who is originally from Spain, had denied visiting the lavatories during the half-term holidays on February 16 this year with the intention of picking up men
He argued that he had been in a relationship with the same partner for more than 12 years and stated Mr Faulkner was “not his type”.
But following a trial on June 23, Cheshire magistrates found that he had deliberately exposed his semi-aroused penis.
Prosecuting at the sentencing hearing, Rob Youds said: “At around 12.50pm Mr Faulkner went into The Groves public toilets. While in there he noticed the defendant stood by the urinals.
“The defendant was bobbing his head from side to side, which drew his attention. Mr Faulkner then left the toilets and had his lunch in the park.
“Around 45 minutes later he came back and saw the defendant standing in exactly the same place as before. The defendant then turned 180 degrees from the urinal, and he describes him having his semi-erect penis in his hand. He has turned and faced the victim in that pose for about three seconds. The defendant had his trousers and underpants partially down at the time.
“Mr Faulkner said he was somewhat alarmed by the incident. He left the toilet and contacted the police.”
In his victim personal statement, which was read to the court, Mr Faulkner said he was concerned there were children and families in the area as it was the school holidays.
Peter Barnett, defending, stressed his client had denied the charges and was a man of previously good character with no convictions or cautions.
De Oliveira Filho, who has been living in the UK for two years and receives a pension of 600 Euros, was told his prison sentence would be suspended for 12 months. He was also ordered to pay £620 in court costs.