An Elgin man who was legally banned from approaching a woman broke the law when he was caught having sex with her on an embankment near Tesco.
Jordan Stewart was under bail conditions not to contact the woman when an eagle-eyed CCTV operator spotted the pair “engaged in sexual activity” just yards from the A96 in Elgin.
Two police officers were dispatched to the scene to intervene and discovered the amorous pair “still prone”.
Deputy fiscal Karen Poke told Elgin Sheriff Court that the incident took place at around 2.20am on January 27 this year and while the two were not visible from the town’s Blackfriars Road, pedestrians on the footpath would have been given a “full view”.
Police interrupt pair
She said: “The police arrived and shortly after and saw a male and female still prone.
“The male jumped to his feet and ran off – the female remained.
“A check was carried out to see she was safe and well and a short time later the accused came back and apologised for running away.
“A check was carried out and it was learned that the accused was subject to a bail condition not to approach the woman.”
But Stewart, 29, then tried to contact the woman again a few weeks later by turning up to her house while she was asleep.
The woman contacted the police during the early hours of February 19 but when they arrived at the property Stewart was nowhere to be seen.
Stewart pled guilty to one charge of public indecency whilst acting with another and two charges of breaching bail conditions not to approach the woman.
Mrs Poke said she had been unable to contact the woman to ask if she wanted a non-harassment order to be in place.
‘He is embarrassed’
Stewart’s defence agent Stephen Carty said the relationship between the two had been “poor”.
He said: “He was not handling the situation well. He is embarrassed of the matters coming to light.
“His report states he would benefit from the ‘Choose to Change’ programme and he is willing to undertake unpaid work.”
The court heard Stewart is currently subject to a curfew and electronic monitoring preventing him from leaving his home in Whytes Place, Elgin, between the hours of 7pm and 7am and is still under bail condition not to approach the woman’s home address.
For the charge of public indecency, Sheriff Olga Pasportnikov placed Stewart under supervision for two years and added a requirement for him to undertake the Choose to Change programme. She also ordered him to carry out 200 hours of unpaid work.
She admonished Stewart for the breach of bail, saying: “It would be pointless to add another Restriction of Liberty order given you are under one already for another matter.”
