A thirty-year-old man who carried out a sexual act on himself in public in a “carbon copy” of a previous offence less than a year ago has walked free from court.
Slavi Apostolov from Charlemont Street, Moy used indecent behaviour at around 6pm on April 2 at a riverside walk close to his home.
He was granted bail following arrest and despite breaching this twice was freed on both occasions, however remained in custody after the second instance as he was unable to obtain a suitable address.
Dungannon Magistrates’ Court heard police were alerted after the female victim observed him standing on a pathway near the Blackwater River in Moy carrying out a sex act on himself “in full view”.
She described him wearing a baseball cap, a blue jacket, and green-striped pyjama bottoms.
Two other women also observed the male touching himself.
Officers located him and checks confirmed he was Apostolov.
He was found to be in “an aroused state” while watching a video on his phone.
During interview he accepted being in the area listening to music but denied being aroused or simulating sexual acts upon himself.
The officer objected to bail as “there is a previous relevant conviction which is a carbon copy of carrying a sexual act in exactly the same place, while lone females were walking by. There are strong feelings about this in the local area. He lives just 200 metres from a GAA pitch and a child welfare officer from the club also phoned police as children there had seen him.”
However, bail was agreed and Apostolov was ordered to have no contact with any witnesses and sign twice weekly with police.
He was also banned from entering the riverwalk area, and not come within 100 metres of the GAA grounds, or any facility frequented by children.
Despite this, he was arrested again on the evening of April 5, after police attended a gathering in the area of the defendant’s home in protest at him living there on bail.
The crowd dispersed without incident while Apostolov insisted he did he wish to live elsewhere.
Enquiries revealed he had not signed with police that day as per his bail and conditions and was arrested.
He appeared before a special court and reminded of his conditions and released again.
The next day he was arrested again after his bail address was withdrawn.
On appearing in court a police officer said: “Concerns remain as the defendant’s family have indicated they are taking him back to Bulgaria. There is also no suitable address for bail.”
As no address was forthcoming Apostolov remained in custody and was set to contest the charge however changed his plea head of the hearing.
District Judge Peter Magill noted the latest offence occurred within six months of Apostolov being given Community Service in October 2023 by the same court, for exactly the same offence committed in the same place June 2023.
He noted: “This is the second offence within a year and I’m concerned about that. This now looks like a pattern of behaviour. It may only be two instances but the nature of the behaviour is such that I am concerned about repetition. There has to be a stern warning as to what will happen if he does this again.”
Judge Magill imposed a sentence of four months custody suspended for two years, meaning Apostolov was immediately released.
Despite the two convictions and the identical circumstances in which they occurred, the court was informed a Sexual Offences Prevention Order was not sought.
