Dundee city centre sex act offender faces jail

The man exposed himself on Dundee's West Marketgait. Picture: Geograph

Michael Bajek exposed himself in Dundee’s West Marketgait - in the city centre yards from a series of pubs, nightclubs, shops and even the city’s police HQ - before walking towards a nearby pub while masturbating.

Even when he walked past two women he didn’t stop, instead turning back to leer at them while continuing his solo sex act.

But despite admitting a charge of public indecency Bajek may dodge being added to the sex offender’s register because of a legal loophole.

Fiscal depute Kirsten Thomson told Dundee Sheriff Court that Bajek was caught after police CCTV operators spotted him.

She said: “At 3.40am police control staff were watching the area of West Marketgait on CCTV and saw the accused walking on the road and noticed his penis was exposed.

“Officers continued to watch on CCTV between 3.43am and 3.48am - approximately five minutes.

“He is clearly seen during this time walking down the street in the area of West Marketgait and clearly masturbating whilst walking down the street.

“He walked towards West Bar where there are two females standing.

“They don’t appear to notice what he was doing.

“He walks past them masturbating and then turns round and looks back at them while continually masturbating.

“Police officers attended and traced him at which time his penis was still out.

“He was arrested and taken to police HQ where he was found to have 0.3 grams of cannabis in his pocket.”

First offender Bajek, 29, of Harefield Road, Dundee, pleaded guilty on summary complaint to a charge of public indecency committed on March 14 this year.

Douglas Williams, defending, said: “He is in a state of shock having watched the CCTV.

“He remembers nothing of it as he was drunk.”

Sheriff Alistair Brown deferred sentence until next month for social work background reports.

He said: “The legislation says that public indecency comes under the sex offender’s registration scheme if two conditions are met - that there is a significant sexual element and if someone involved is under 18.

“Patently, there is a significant sexual element but it’s not established that a person under 18 was involved.

“Under a separate section the requirements are met if there is a significant sexual element of an offence not otherwise listed.

“Public indecency appears to be excluded in that case.

“Therefore, provisionally, I can’t make a declaration that registration should be imposed.”