A Dublin man who urinated at a bank cash machine was left without a criminal record yesterday when a court was told he had carried out four hours of public shaming.
Kevin McCrossan (19), Collins Avenue East, Dublin, urinated at the AIB Banklink ATM in O'Connell Street on May 30th. He pleaded guilty and Judge William Early told him he could stand beside the same machine for four hours with a placard stating that he apologised for his behaviour - or else receive his first criminal conviction.
On Saturday July 3rd he stood with a placard beside the ATM accompanied by some friends and his father.
The placard could only be read close up.
Yesterday, his solicitor and the gardai told Dublin District Court he had complied with the order.
Judge Early dismissed the charge under the Probation Act, which means that he will not have a criminal record.
The judge said at all times McCrossan had a choice whether to comply with what the court wanted. In a response to criticism of his decision on public shaming, Judge Early said it should be remembered the alternative was that a young man would have a criminal record for the rest of his life.
"The court is very aware that young men do stupid things. But it is not the function of the court to hang a millstone around their necks because of that stupid thing.
"And that is the reason he (McCrossan) was asked to apologise".
While urinating in public was a minor offence it was not in the context of it happening in the principal street of the capital city.
"Yesterday, someone came before the court for defecating on the street - the streets are public places for everybody, men, women and children."
Judge Early said the fact that McCrossan had a choice about whether to undertake the shaming had not been dealt with by the media.
"The way the media deal with this is, however, beyond the control of the court". McCrossan had done what the court suggested and his apology was acceptable to the court.
Judge Early therefore dismissed the case. Afterwards, McCrossan declined to comment.