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‘He urgently needed a poo’ – Man spends birthday in court after criminal toilet mix-up at Perth Marks and Spencer

Marks and Spencer in Perth
Marks and Spencer in Perth

A man who was “caught short” in Perth city centre spent his birthday in court after a mortifying toilet mix-up at Marks and Spencer.

Robert Johnstone “urgently needed a poo” while out for coffee with a friend, Perth Sheriff Court was told.

He charged into the toilets at Marks and Spencer’s and locked himself inside a cubicle.

But it suddenly dawned on him that he might have accidentally gone into the ladies’ toilet.

Johnstone “foolishly” clambered up to check the gender of the person sitting in the next cubicle.

He came face-to-face with a horrified woman who shouted: “Oh my God, what the f*** are you doing? Get out.”

Birthday blues

Johnstone, of Kirk Loan, Stormontfield, turned 34 on Wednesday when he appeared in the dock at Perth Sheriff Court.

He admitted behaving in a threatening or abusive manner, likely to cause fear or alarm, at Markie’s female toilets on October 29, 2019.

But the court accepted there was no sexual element to the offence.

Fiscal depute Lisa Marshall said a female customer, 29, went into the toilet just before 5pm.

“She was aware of the accused behind her,” she said.

“She went into the second cubicle on the left, and was aware that the accused had entered the cubicle next to her.”

Ms Marshall said: “She was aware of breathing which became heavier, but she thought nothing of it at the time.

“Then she noticed a shadow falling over her and she heard the breathing get heavier and louder.

“She looked up and saw the accused peering at her.”

The court heard that Johnstone muttered something under his breath before leaving.

The woman broke down in tears when another woman entered the toilet.

‘I urgently needed a poo’

Solicitor Rosemary Scott said Johnstone “tends to panic and doesn’t think about the consequences of his actions.”

She said: “If he ever goes into town, he likes to use the toilets at Marks and Spencer because they are clean.

“He was so desperate that day. He told me: ‘I urgently needed a poo.’

“He says he ran to the toilet because he was caught short. He went into the wrong toilet, and foolishly, looked up to check which toilet he was in.”

She said her client: “Stood up, saw there was someone in the next cubicle, panicked and ran out.”

Ms Scott said: “He can see why the woman was so upset. He had no intention of causing alarm. It was just a silly, naive mistake.”

Sheriff Neil Bowie fined Johnstone £500. “This would have been clearly distressing for the lady involved,” he said.