A request for a Sexual Offences Prevention Order (SOPO) was rejected when the judge held the sexual conduct did not pose risk to others, although the manner of driving did.
Lindsay Fowler (45) of Roxborough Park, Moy, admitted driving without due care and attention as well as two counts of indecent behaviour.
Dungannon Magistrates Court heard on Wednesday that around 5am on 17 August last year, police received reports from two separate lorry drivers regarding a car with the interior light on.
The first reporting person said he was driving on the A4 Cabragh off-slip, when the car pulled very close to his lorry. Fearing a collision, he slowed and the car moved into the overtaking lane, then pulled alongside.
Looking down he saw a male with one hand on the steering wheel and the other carrying out a sex act. Because it was still dark outside, the interior light made the lorry driver believe this was intentional.
A short time later, a second lorry driver contacted police after becoming aware a car was following him, then repeatedly pull alongside, swerving at his vehicle.
He described a “female” with long hair was performing a sexual act whilst driving.
Police found the car and on speaking to Fowler, noted he was wearing black suspenders, stockings and high-heeled shoes.
A long woman’s wig was found in the passenger foot well along with a pair of elbow length gloves. Women’s underwear was located in the central console. He was arrested and admitted the clothing belonged to him.
During interview he described leaving his home at 3am to “Go for a drive to clear his head”.
He denied carrying out a sexual act while overtaking, and couldn’t remember wearing the wig and gloves.
Fowler also denied swerving but could give no explanation why two independent persons claimed otherwise.
A prosecuting lawyer told the court a SOPO was specifically requested, but the necessity for this was disputed.
The defence argued, “The terms of the SOPO are intrusive… I do not feel it is appropriate in this case.”
District Judge Michael Ranaghan said: “My power to grant a SOPO is where it is necessary to protect the public from sexual harm. The prosecution’s case is a man with a clear record who behaved as he did, represents a risk of sexual harm to the public.”
The defence repeated, “I don’t feel this is necessary to protect the public from sexual harm.”
Judge Ranaghan remarked, “There was no direct contact. While there was risk of some harm by the nature of the driving, I don’t think in relation to sexual harm, that is met. In short, I’ll not be imposing a SOPO.”
The defence contended Fowler has led an isolated life which, “Perhaps contributed to the offending behaviour.”
There were also fines totalling £300, and imposing a three-month driving disqualification, Judge Ranaghan said, “Two drivers who witnessed these acts were at risk of some harm.”
Before concluding the judge warned Fowler: “If you do not comply with Probation you will spend time in prison.”
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