A man who had sex with a woman on a city centre pavement while children and commuters walked by has been told it is likely he’ll be deported over the incident.
Bartlomiej Balwierz and co-accused Yandu Horne had sexual intercourse outside the busy Union Square shopping centre in full view of members of the public.
The amorous couple were “unperturbed” by commuters as they “gyrated” on the ground in Market Street, Aberdeen Sheriff Court was told.
Balwierz, 39, and Horne, 32, had been ejected from the mall moments before and strolled across the car park before sitting down on the pavement where they proceeded to have sex.
Polish national Balwierz – who was today placed on the sex offenders register – has been told that he now faces the risk of being deported, the court heard.
Fiscal depute Ryan Diamond told the court during a previous hearing that at 9.10am on June 12 last year CCTV operators were following the pair after their ejection from the shopping centre and watched as they sat on the ground with Balwierz’s back against a low wall.
Initially, CCTV operators could not see what the pair were doing due to an obstruction.
However, after around 20 minutes, Balwierz stood up and the eagle-eyed operators spotted his penis was exposed.
Blow-by-blow account
The police were notified and further CCTV inquiries found another angle in which “the actions of both accused were captured in their entirety”.
Mr Diamond went on to furnish the court with a detailed, blow-by-blow account of the sexual encounter.
He described how Horne, who admitted her guilt at an earlier hearing, initially lowered herself onto Balwierz’s lap before the two “embraced and kissed for a short period”.
He added: “Horne raised herself, appearing to move her underwear, while both she and Balwierz interfered with Balwierz’s groin area.
“Horne then lowers herself back onto Balwierz’s lap.
“She’s seen to gyrate on Balwierz’s groin while the two continue to kiss.
“It was evident they were having sexual intercourse.”
Mr Diamond said the lovers were both looking around “as if to see if they were being watched” but were “unperturbed” by members of the public walking past.
After around 20 minutes, the pair concluded their encounter and Balwierz, evidently aroused, stood up with his penis exposed.
Balwierz then put his genitalia back in his underwear and zipped up his jeans – just as three 13-year-old girls walked past.
The pair were quickly traced and arrested by police.
Balwierz, of Skene Street, Aberdeen, pled guilty to a charge of public indecency.
‘It seems obvious that a custodial sentence is appropriate’
Defence agent David Sutherland told the court that his client has “no recollection” of the incident involving Horne.
He added: “I understand that the deportation process will remove him from the country following his sentence, as it seems obvious that a custodial sentence is appropriate today.
“I have advised him that he will be subject to the notification requirements and that that will carry on following his release.”
Sheriff Ian Wallace told Balwierz that he felt “only a custodial sentence was appropriate” given his previous convictions, which included trespassing on a railway.
He added: “I’m also satisfied that this offence had a significant sexual aspect as it happened in the presence of children who were under the age of 18.”
Sheriff Wallace sentenced Balwierz to 120 days in prison and placed him on the sex offenders register for an indefinite period.
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