Derbyshire Iceland store pervert, 85, in court again for watching child behind tree

Michael Harvey, 85, was subject of a court order not to contact any child under the age of 18 when the youngster and her mother encountered the defendant in a Matlock alleyway.

Prosecutor Becky Allsop told Chesterfield Magistrates Court how on November 16 last year the young child was shouting “bye bye” as part of a game she was playing.

She said: “The defendant said “bye bye” and hid behind a tree.”

Ms Allsop read a police statement in which the girl’s frightened mum said: “He was stood there for five minutes and he was just staring at me.”

However she confronted Harvey when he began following her, telling him she would call the police - to which he replied “no, no” and “rushed off”.

In a police interview after his arrest Harvey claimed he was just “being sociable”.

The unnerving encounter came while Harvey was subject of an interim sexual harm prevention order for two incidents just three months before during which he was seen touching his groin while staring at children in Matlock town centre.

On August 5 Harvey was captured on CCTV watching a woman with a girl aged three-four years old and boy aged around two years old as she placed the children in her car.

Ms Allsop told how the woman saw Harvey staring at the car while “unzipping his trousers and beginning to masturbate”.

The woman said in her police statement: “I’m sure he was masturbating in the presence of my children.”

Two days later the elderly sex pest was caught on CCTV again - this time in the town’s Iceland store - following two young children around.

Chesterfield Magistrates Court heard during a previous hearing that on this occasion Harvey was holding a box of cereal to conceal his crotch in his left hand with his right hand at his groin while staring at one of the children - a young girl - near the checkout.

Kirsten Collings, Harvey’s solicitor, said the case was “very sad in reality”, adding: “He is lonely and isolated - he lost his wife in 2020, he has no children and, of course, we have Covid.

“He accepts his behaviour is awful, his remorse is very genuine and there is no prospect of him committing any offences going forward.”

Harvey, of Jackson Tor Road, Matlock, admitted outraging public decency and breaching a sexual harm prevention order.

District Judge Andrew Davison told him: “These are disturbing offences and they’re sad offences. The harm in this case is significant - this was seen by children.

“The breach, however, is disturbing - you knew you had been charged and the order was relatively recent. Breaches of these orders are extremely serious.

“However I will suspend a custodial sentence because of your age and previous good character.”

Harvey was jailed for 28 weeks suspended for 18 months, handed 30 rehabilitation activity days and a 12-week curfew.

The pensioner was also made to pay £500 compensation, £150 court costs and a £128 victim surcharge.

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