Salthill man who took upskirt photos fails with appeal against jail sentence

Brendan Beatty

By Martina Nee

A young Salthill man, who had taken photos up the skirts of two women, indecently touched another woman on the Prom, and assaulted a security guard, failed to appeal a jail sentence imposed two months ago and was instead given sentences of nearly 15 months, with the last nine suspended.

The Galway Circuit Court heard last Tuesday how Brendan Beatty had lodged an appeal after a seven-month sentence had been imposed by the Galway District Court on September 10, 2008. The 21-year-old with an address at 30 Lenaboy Gardens, Salthill, had pleaded guilty to two counts of assault and two counts of threatening and abusive behaviour.

State solicitor Willie Kennedy called Garda Fergal Kilbane to give evidence regarding an incident which occurred on December 26, 2007. Garda Kilbane told the court that a married woman had been walking on the Promenade at around 6pm when the appellant ran up behind her and “groped her hips”. When the victim screamed Beatty ran off. The court heard that the victim had been very traumatised and was unable to take up a job. Garda Kilbane added that he had been on patrol, with a photo and a description of Beatty, as he had been involved in a number of similar incidents in Galway. He said that Beatty seemed “very innocent”, and “slow mentally” and that he did admit needing help.

A statement given to gardai at the time of arrest revealed that Beatty admitted following the woman because he “saw her arse and decided to touch it”.

Garda Padraic Kelly gave evidence that on November 14, 2007, at 3.40pm gardai received reports of a man using threatening and abusive behaviour at Boot’s Chemist in Shop Street. Security staff told him that an employee had witnessed Beatty taking photos up the skirt of a female customer with his mobile phone. Beatty fled the scene and assaulted a member of security when apprehended. Garda Kelly said that the photo was for Beatty’s own “gratification” and was not intended for use on the internet.

Regarding a similar incident on November 20, 2007, in Shop Street, in his statement Beatty had said that he left work to go “for a fag break” and saw a girl wearing a school uniform and “pressed record on his phone”. Garda Kelly also confirmed Garda Kilbane’s belief that Beatty “came across as an innocent”.

Beatty’s barrister, Ms Aisling Wall BL, told the court that the psychiatrist’s report revealed that Beatty had been told by his girlfriend that she was pregnant and he had been “emotionally shocked” and reacted badly to the news. Ms Wall explained that he had made progress when he attended a psychiatrist in February and has not re-offended since. She said that Beatty’s girlfriend and mother have stood by him but that his finances have deteriorated since he lost his job in a shoe shop and he cannot afford the psychiatrist appointments. Ms Wall then asked Judge Raymond Groarke to give her client one more chance.

Judge Groarke replied that it was a very serious matter where it was a “quasi-sexual assault on this woman” in Salthill and there were two other incidents “of photos taken in indecent circumstances”.

“These three incidents had a tremendous effect on the victims. The damage was emotional, psychological, and financial. Salthill is a place where people like to go for walks where they believe they are safe to do so. They are entitled to without fear of assault. Judge Groarke ruled “with great reluctance” that these serious offences have to be marked with a term of imprisonment.

For the assault on the security man on November 14 and assault at the Prom, Salthill, on December 26, a term of four months and two weeks was imposed on each count. For the remaining public order offences two three-month sentences were imposed. The sentences are to run consecutively with the last nine months suspended for a period of six months on condition that upon release Beatty be put on a bond of €100 to keep the peace, be of good behaviour for three years, and be placed under the supervision of the Probation Services.

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