A man exposed himself to a driver who went the wrong way down a one-way street in Dunfermline because he was being ‘disrespectful’ – then later drove into oncoming traffic himself while six times the drink-drive limit.
Krzystofer Tomes, 41, previously pled guilty to drink-driving (138mcg/22), dangerous driving and driving without insurance in the Bothwell Street area of the city in the early hours of January 1 last year.
He also admitted intentionally exposing his penis and buttocks to two people in a car in Guildhall Street and vandalising their car with a plastic ball thrower on November 1 2022.
Tomes appeared at Dunfermline Sheriff Court from custody for sentencing.
Wrong-way offence
The court heard Tomes had been driving a Kia Sportage on St Leonards Street and was unable to exit a roundabout due to a road closure.
Police were directing traffic round the roundabout and back on the other side of the dual carriageway.
Instead, Tomes performed a three-point turn on the roundabout and exited onto St Leonards Street so he was travelling towards oncoming traffic.
Prosecutor Catherine Stevenson said police in a marked car with flashing lights followed and when Tomes pulled over, noted a strong smell of alcohol and his slurred speech.
His driving also caused two vehicles to follow him the wrong way and forced others coming in the opposite direction to slow down.
Sat on bonnet bottomless
The fiscal depute said that two months earlier, a 21-year-old male car driver and 18-year-old female passenger – both strangers to Tomes – were driving to a takeaway in Guildhall Street to collect a food order.
The man was looking for a place to reverse after wrongly entering a one-way street.
He noticed Tomes run towards his vehicle with a plastic ball thrower.
The fiscal said: “As he approached the vehicle, he raised (the thrower) above his head and started hitting the bonnet several times until it broke.
“This caused him to become more aggressive.
“He has proceeded to move towards the off-side front window and make gestures towards the witnesses.
“Due to the erratic behaviour the witness was taking photos to show the police.
“The accused realised this and removed his penis from his trousers and touched himself in front of both witnesses.
“He returned to the front of the vehicle, exposed his buttocks and proceeded to sit on the bonnet with his bottom showing”.
In reply to being cautioned and charged by police, Tomes said: “The driver was going up the street the wrong way”.
‘Disrespect’
Defence lawyer Elaine Buist referred to a social work report in which her first offender client, of Broomhead Drive, Dunfermline, said he has limited recollection of his driving offences and has a need to address his alcohol issues.
Ms Buist said Tomes was walking with his partner, a small child and a dog, at the time of the incident in Guildhall Street.
“The vehicle that’s described, he felt drove far too close to them and in a one-way street going the wrong direction, rather ironically, and he took exception to that.
“His position is he wanted to get the driver’s attention and tell them what was wrong with his driving.
“Mr Tomes is really someone who does not have much English”.
She said Tomes, assisted by a Polish interpreter in court, needs help to converse at a much more basic level.
Ms Buist said her client does not think alcohol would have been involved in that incident, given he was with a child, but accepts “it’s a possibility that it was”.
She said: “His position, in essence, is he felt the driver behaved disrespectfully towards the pedestrians and that he behaved disrespectfully in turn towards the driver of the car”.
In relation to the drink and danger driving offences Sheriff Wyllie Robertson jailed Tomes for six months, backdated to February 22, and banned him from driving for two years.
On all other matters Tomes was admonished.
There was not deemed to be a sexual element to the exposure.
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