First NI man guilty of trying to pay for sex jailed as appeal fails
AN Armagh man who was the first person to be convicted under sexual services legislation in Northern Ireland has been jailed after losing his appeal.
James Maloney (24) of Drumarg Villas denied attempting to pay for sexual services following an early morning encounter at a filling station, which was captured on CCTV, but was convicted and jailed for three months.
He appealed this at Dungannon County Court, but the conviction was upheld after a three-day hearing last October, and sentencing adjourned for reports.
The landmark case was first heard at Dungannon Magistrates Court in July by District Judge John Meehan, who described it as “abhorrent, predatory sexualised stalking of a woman, with the offer of money to satisfy his egotism”.
Noting it as the first prosecution of its kind, the judge said: “This as a man who deliberately targeted an isolated woman in a predatory fashion, by virtue of
‘Predatory’: James Maloney
the fact she was a woman.”
Maloney was sentenced to three months and ordered to pay £500 compensation.
Defence lawyers launched an appeal of both conviction and sentence, heard by Judge Stephen Fowler QC.
The victim was required to again undergo intensive cross-examination by Maloney’s lawyer and, due to extreme fear of the defendant, appeared via live-link.
She was working at a Dungannon petrol station at 6.20am on August 28, 2016, carrying out her usual duties, when a car approached and Maloney spoke out the passenger window.
He showed a roll of money, and she thought he wanted something from the shop, but instead he gestured to his genital area with his hand, then repeated this at his mouth, which the court accepted as “an unambiguous sexual gesture”.
The car drove off, returning five minutes later with Maloney repeating the gestures.
On this occasion, the victim spotted a colleague and asked for help, and Maloney again drove away. He returned again and, although he didn’t approach, stared directly at the victim, frightening her.
Police attended and seized CCTV footage, identifying Maloney by his car registration. Officers spoke with his solicitor, pointing out he would be required to attend for interview.
But Maloney, through his solicitor, said: “He would not be attending as he didn’t see the point.”
When eventually interviewed, he remained silent, a position he retained at both contest and appeal.