‘Sex tablets’ blamed by man, 49, who exposed himself in County Limerick

A MAN who exposed himself in front of other people in a direct provision centre claimed he had been given “sex tablets” by staff.

Kadima Mbuye, aged 49, pleaded not guilty to two counts of exposing his genitals contrary to Criminal Law (Sexual Offences) Act 2017 in Mount Trenchard, Foynes. Mbuye explained his behaviour by saying that he had been given “sex tablets” surreptitiously.

CCTV footage of one of the two incidents was shown to Judge Marian O’Leary in Kilmallock Court.

When the case was called there was no appearance from Mbuye.

Inspector Padraig Sutton said the State had arranged for a taxi but Mbuye refused it.

“Why?” asked Judge O’Leary. “I don’t know,” said Insp Sutton.

Mbuye’s solicitor, Con Barry said his client is a political refugee from the Congo.

“He doesn’t trust the State. He thought he would be better off coming by bus. He is getting a bus from Foynes to Limerick city and a bus out to Kilmallock,” said Mr Barry.

When the case was called a second time Mbuye had arrived. Insp Sutton said it is alleged the defendant masturbated in full view of other people in Mount Trenchard on December 6 and December 20, 2017. The court heard it occurred once in a kitchen area while the other time was in the games room.

Mr Barry applied to come off record twice. At one point it appeared the solicitor had been fired by Mbuye but then the defendant changed his mind.

The first witness was the manager of Mount Trenchard, Raja Anjum.

On December 7, 2017, Mr Anjum said he saw Mbuye on internal CCTV.

“He was flashing his penis. I reported it to Garda Elaine Freemantle. She took the CCTV off me. There were a lot of other occasions. A lot of residents and a bus driver complained to me that he was flashing his penis.

“I told him it was a bad act and sexual harassment. He kept doing it. He was transferred to Mount Trenchard because the same matter was happening at other locations,” said Mr Anjum.

Mr Barry put it to the witness that Mbuye was getting bullied and harassed while in the asylum centre.

“While he is doing these acts other residents get annoyed,” said Mr Anjum.

“Was he assaulted?” ask Mr Barry.

“Some residents attacked him outside the centre,” said Mr Anjum.

Mr Barry put his client’s instructions to the manager, that drugs were put in Mbuye’s food or drink to cause him to act in this “bizarre way”.

“I disagree. All the residents, including myself, eat the same food,” said Mr Anjum.

The next witness was an employee in the direct provision centre.

“I was cleaning the kitchen. I see him standing there. He took his penis out and said, ‘How is your people?’,” said the staff member.

She agreed with Mr Barry that it only went on for “a few seconds” and she wasn’t afraid.

“In my opinion he is sick. He always takes his penis out and says, ‘How’s your people?’,” she said.

Mr Barry asked her about Mbuye’s claims that drugs were put in his food.

“No,” she said.

Garda Elaine Freemantle said she was contacted by Mr Anjum in relation to Mbuye’s behaviour.

“I spoke to him [Mbuye] regarding an allegation of masturbating in common areas. I explained to him that his behaviour was unacceptable and must desist. Reports continued to be made. I took statements from residents, got CCTV footage and completed a file for the DPP, who recommended charges,” said Garda Freemantle.

CCTV footage of the incident in the kitchen was shown to Judge Marian O’Leary and the court. Mbuye then took the stand.

Mr Barry asked Mbuye why he had his penis in his hand, as the footage showed.

“They put sex tablets in my food,” said Mbuye.

Insp Sutton asked him if he ate the same food as everyone else.

“Yes,” said Mbuye.

Insp Sutton put it to him that he caused fear and distress to people in Mount Trenchard.

“I can’t say yes or no,” said Mbuye.

Insp Sutton asked if someone did that to him how would he feel?

“They put sex tablets in my food,” said Mbuye.

Insp Sutton asked if he regretted his behaviour.

“I regret it,” said Mbuye. His interpreter said Mbuye, “Feels he has been humiliated”.

Judge O’Leary found the defendant guilty on the two counts of exposing his genitals.

The court heard he has four previous convictions for the same offence and served six months in prison.

In mitigation, Mr Barry said he wasn’t trying to minimise what Mbuye did.

“He is 49. He is a political refugee from the Congo. He is here four or five years. He has no family in this country. Prison was a hard time for him due to his poor English.

“He intends to be repatriated because the political environment in the Congo has changed. He feels welcome there now. He has had quite a tough life. He hasn’t come to garda attention since 2017,” said Mr Barry.

Insp Sutton said it was “disturbing behaviour”.

“He hasn’t made any apology. Behaving in such a manner is outrageous to say the least,” said Insp Sutton.

Judge O’Leary asked Mr Barry to canvass an apology from Mbuye.

“I am sorry to the residents and staff,” said Mbuye.

Judge O’Leary asked if Mbuye had ever been seen by a doctor?

Mr Barry said he had requested it but it is “out of our hands”. Mr Barry said he would continue to put pressure on.

Judge O’Leary said: “This man obviously needs help. It is not going to improve by a custodial sentence. They all happened around the same period of time. He has already served six months.”

The judge ordered Mbuye enter in to a probation bond for 12 months with the condition he does not expose his genitals in public.