Public toilet peeper cops $750 fine for peering over

A MAN who peered into a public toilet cubicle while another man was defecating, has been fined for his actions.

Jason John Vicary appeared at the Ayr Magistrates Court at a hearing after he pleaded not guilty on the charge of observing another person while he was engaged in a private act.

Prosecutor Peter Obermayer said the offence occurred on

October 24, 2020, at Plantation Park and called upon the victim as a witness.

The victim said he was in the bathroom cubicle and noticed a man peer through the gap in the door.

“I was minding my own business and seen a shadow and waited five seconds to see if the shadow would move. I looked up at the gap between the door, and I saw his eyes staring at me.

“I asked if he was good and he replied, ‘I’m good’.

“I proceeded to finish my business before he walked in again. As soon as I finished, I walked out to the information centre and saw him in his car.

“I’ve never experienced something like that before where I have looked up and seen someone staring at me, and he made eye contact as well.”

Vicary said he was in the vicinity at the time, as he was cleaning his car. He went on to say he may have had a glance to see if someone was in the toilet.

“I saw a shadow figure through the gap, but I wasn’t close enough to make any detail of him,” he said.

Mr Obermayer said it was long enough to make the victim feel uncomfortable.

Magistrate Ross Mack said initially he thought the case would be an issue of identification, however Vicary accepted he was the person there.

“I accept on the evidence there was no sensible alternative to the reality that the person the victim said he saw was Vicary, there is no problem with that,” Mr Mack said.

“I accept it was not a long observation, it was an invasion of his privacy.”

Mr Mack fined Vicary $750 and convictions were recorded