Voyeur's step-sister victim says sentence was too lenient

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Media caption,

The stepsister victim of a voyeur says he should have been sentenced to jail

The victim of a man convicted of voyeurism has said she feels let down by the courts.

Catherine McSherry's step-brother Christopher was found guilty of six charges of voyeurism and one charge of unauthorised computer access.

The 35-year-old, from Portadown, was sentenced to 100 hours community service, 18 months probation and a sex offences prevention order.

The judge said it was one of the worst cases of voyeurism seen by the court.

Catherine and her sister, Liz, discovered Christopher had taken a tablet device that belonged to her and had saved intimate private photos she had taken of herself to his own personal folder.

They also found photographs he had taken of other women in their homes, in states of undress and in intimate situations.

There have been some questions raised over how the case has been handled by the Public Prosecution Service (PPS).

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Liz and Catherine McSherry found photos their brother had taken

It first appeared before District Judge Bernie Kelly in June 2023.

On that date, the judge asked the prosecution lawyer: "Are you seriously prosecuting this in the magistrates' court?"

When she asked if a male prosecutor had reviewed the case file, she was told it was a man.

Judge Kelly then suggested that a female prosecutor should look at it, commenting: "It's the sheer number of different individuals and this went on for many years."

The case would continue at the magistrates' court.

"The case got minimised slowly over time, it seemed, and over time it just got smaller and smaller," said Catherine.

She added that she felt the case could have been taken to the crown court.

"I don't think the sentence was sufficient, I do think he needed a custodial sentence."

The PPS told BBC News NI: "We recognise the very serious impact offences such as these can have on victims' lives.

"We determined that the magistrates' court was the appropriate venue and that the court had sufficient sentencing powers to reflect the nature of the offences and their distressing impact on the victims.

"There was no suggestion from the PPS that the offences are of a minor nature."

Image source, Studio 39 Photography
Image caption,

McSherry was also ordered by the court not to own or operate any device with a camera for five years

The PPS added it was satisfied the case was handled appropriately throughout and in line with its code for prosecutors.

"Sentencing is solely a matter for the judge," a spokesperson added. "The maximum sentence available in the magistrates court was six months' imprisonment."

Referencing the judge's comments about the gender of the prosecutor, the PPS said it disagreed and considered the remarks to be "inappropriate".

"The request that a prosecutor of a different gender consider the case was not acceded to," they continued.

"Victims should be reassured that the gender of the prosecutor has no bearing on decision making in this or any other case."

'It's just so sinister'

McSherry, who had been working as a wedding photographer, was also ordered by the court not to own or operate any device with a camera for five years.

Catherine has taken some solace in that recognition.

"It was kind of an out-of-body experience, it was validating to hear someone else actually agree that what happened was wrong and wrong on a level that not every man can appreciate I don't think, Christopher being one of them," she said.

Catherine said she was glad the case is now over, but was far from healed

"The damage that it's done, I can't even begin to explain it really," she added.

"I'm very conscious of cameras, everywhere. I don't know what I'm afraid of because I'm just existing, but it's just so sinister.

"How do I know it's not going to happen again?"

If you have been affected by the issues raised in this story, help and support can be found at BBC Action Line.