Tom Burke from Woodburn Crescent, was observed in the ‘distasteful act’ by children playing about 150 yards away in Lisnahull Park in the town, Dungannon Magistrate’s Court heard on Wednesday.

The 50-year-old had been drinking on his own behind Newell’s store in the early afternoon of Wednesday August 12, when he performed the act in a hedge, Burke’s defence solicitor told the court.

At the time he thought he was secluded from view.

However, a group of children had told their parents they had seen a ‘scruffy-looking’ man committing the indecent act.

When police arrived at the Lisnahull Road, they found Burke standing nearby a summer seat.

The defendant, who is originally from Kilkenny, but has been living in Dungannon since 2006, smelt of alcohol and his eyes were glazed, the court was told.

He pleaded guilty to the offences and was arrested, with a breath test showing an alcohol reading of 112mcg.

The defence solicitor said that Burke was a chronic alcoholic, and wasn’t aware that he was being observed by the children.

The solicitor accepted that it was ‘a distasteful act’ and that defendants normally brought to the court for being drunk and committing an indecent act had usually urinated in public.

He asked that the judge show Burke credit for fully cooperating with the police after he was apprehended and for the fact that he had a completely clear criminal record.

Resident Judge John Meehan found Burke guilty of indecent behaviour in a public place and of being drunk in a public place.

The judge gave Burke credit for his clear record and early guilty plea.

He told Burke that he would deal with the offences by way of financial penalties.

For committing indecent behaviour in a public place, Burke was fined £150.