A MAN HAS been charged with performing a sex act in the public men’s room in a Marks & Spencer department store in Dublin.

Jonathon dos Santos, 36, was charged today with masturbating at the men’s toilets in the store on Mary Street in the city-centre on 6 June last.

Garda John Timmons told Dublin District Court that dos Santos made no reply when charged under the Sexual Offences Act.

After hearing an outline of the facts, Judge Bryan Smyth held the case should be dealt with at district court level and not in the circuit court which has tougher sentencing powers.

Garda Timmons said it was alleged the accused was in the men’s toilets and “engaged in public masturbation” which was witnessed by plain clothes gardai.

Disclosure of prosecution of evidence was handed over to the defence. There was no CCTV footage of the alleged incident, the court heard.

Judge Smyth noted there was no objection to bail but imposed a condition, sought by the garda, banning the accused from the store.

His solicitor said there was no issue with that.

The case was adjourned until a date in September when he will be expected to indicate a plea.

He was the third person to come before the courts this week on similar charges.

Two other men were also ordered to obey a bail condition to stay away from the store on Tuesday. Brazilian chef Bruno da Silva, 31, of Fort Ostman, Crumlin, Dublin 12, pleaded guilty to masturbating and engaging in offensive conduct of a sexual nature at the same men’s toilets in the store on Mary Street, in the city-centre.

He was caught red-handed during an undercover garda surveillance operation on 16 June last. The court heard he grabbed an undercover garda’s backside while exposing himself.

Dublin District Court heard something came over da Silva after he “read the signals wrong”.

Sentencing was adjourned for a probation report to be prepared after Judge Smyth said the court needed to know why he had engaged in this behaviour.

Another man, a married father of three, was granted bail to appear in September to enter a plea accused of masturbating in the same toilet in the presence of undercover gardai.