Viturino did not go there specifically to do this, but while there he was aware it was going on, and he tried to communicate with a male in the toilet. Mr McGarry said it had become known among a small group of the gay community as a venue to engage in sexual activities. Tech firm worker Viturino, who has lived in Ireland for 10 years, had no prior criminal convictions. Staff tried to stop it but gardaí had to become involved, the solicitor said. He agreed with defence solicitor Paddy McGarry that Marks & Spencer had received reports that this had been going on for a number of months. He told the court that he and another plain clothes member of An Garda Siochana witnessed Viturino masturbating in the toilet. Garda James Smith said the accused “made no reply to charge”. The Director of Public Prosecutions had directed summary disposal of the case at district court level. Viturino, a Brazilian national who has an address at Chancery Hall, Blackhall Place, in central Dublin, was remanded on bail pending sentencing in September. He was the fifth man to appear in court in recent weeks charged with the same offence at the department store on dates last month.
