David Lee, 40, from Roker Avenue, Sunderland was sentenced at South Tyneside Magistrates’ Court on Wednesday
A pervert who carried out a “bizarre” sexual act on a baby herring gull in Sunderland has been jailed.
David Lee was captured on CCTV with a baby seagull in between his legs whilst carrying out a sex act in the early hours of August 18 last year. He then got out his mobile phone and began watching “animal porn” during the act before kicking the bird away.
The court heard that the strange offence was committed in an alleyway near Gladstone Street, Sunderland, at around 1am, and was captured on a local resident’s CCTV. Lesley Burgess, prosecuting, said Lee was later identified from the footage while in a nearby takeaway.
She said: “The first CCTV clip shows him at around 1am where he runs down the street trying to chase a seagull. Footage then moves to a back alley where he is shown walking with a baby gull in his arms. The defendant takes down his trousers, takes his phone out of his pocket and places it on a box.
“He then kneels down and it is clear he’s carrying out a sex act. He moves the gull between his legs for a time. He engages in a sexual act with the baby gull. He then stands back up and kicks (the bird) away.”
The court heard that Lee initially denied the bizarre offence and claimed he was helping the injured gull and was using his phone to search for a vet. However, when his phone was later checked by police, “animal porn” was found on the device, which he had been viewing at the time.
A statement from the resident who captured Lee on CCTV said Lee’s actions caused them “mental stress and anxiety” after viewing the footage. The resident added the footage “haunted” them and could not get the “horrendous” image out of their head.
Annalisa Moscardini, defending, said it was an “unusual offence” and that “alcohol is quite heavily involved here”. She said Lee suffers from “blackouts” due to his alcohol use and that his initial not guilty plea was because there was “genuine disbelief” he’d done it.
However, after viewing the CCTV he accepted he was responsible. She said: “He doesn’t have a recollection of it and can’t explain why it happened.” She added there was no intention to harm the bird but that there was a “deliberate disregard for the welfare of the animal”.
Ms Moscardini told the court that there was a “detailed background” and that a psychiatrist found Lee has “unstable personality disorder” and a “detachment from reality”. She added Lee has a disorder which is “colloquially known as pathological lying”.
Lee, who is on benefits, has a criminal record and was given a prison sentence in 2020 for possession of a blade, the court was told.
Sentencing Lee, Chair of the Bench, Angela Thompson, said suffering was caused to the young bird and that Lee had consumed alcohol and accessed porn involving animals at the time of the offence – which were aggravating features.
Because of the severity of the offence, Lee was jailed for 24 weeks and must pay £300 costs and a £150 surcharge. He has also been banned from keeping animals for 10 years.
ORIGINAL STORY 👇
Sunderland man performed sex act with herring gull in bizarre attack that left magistrates shocked
David Lee will be sentenced at South Tyneside Magistrates’ Court next month after pleading guilty
A Sunderland man has pleaded guilty to causing unnecessary suffering to a wild bird in a ‘bizarre’ attack.
David Lee, 40, from Roker Avenue, appeared at South Tyneside Magistrates’ Court on Tuesday, April 25, charged with carrying out a sexual act involving a herring gull that caused unnecessary suffering to the bird. This is an offence under the Animal Welfare Act 2006.
CCTV footage played in court showed the defendant kneeling down in an alleyway near Gladstone Street, Sunderland, at around 1am, with a wild bird between his legs. He is seen pulling his pants off and appearing to masturbate with the bird close to his groin area while watching pornography on his phone before kicking the bird away and walking off.
The court heard that Lee was charged with the following: “On Thursday, August 18 last year at Sunderland, Lee wantonly or unreasonably did an act [where] he namely took a wild bird and undertook a sexual act whereby unnecessary suffering was caused to that animal, namely a herring gull.”
Describing the CCTV footage shown to the court, Prosecutor Lesley Burgess said: “At around 1am the defendant was seen chasing a gull down the road. The second piece of footage sees the defendant chasing the same bird down the road.
“In the third piece of footage, the defendant has a different bird in his hand. It is a smaller bird. You see the defendant with the bird in his arms and he goes a short space down the road.
“It is clear from the CCTV footage that the defendant is masturbating. The defendant places the bird close to his groin and in between his legs. He goes back to his phone and continues with the act.”
She continued: “He pulls his trousers up and gives a kick to the bird. He picks up his phone and starts to walk off.”
The court heard that the defendant’s phone was later taken by police and found searches for porn sites.
Annalisa Moscardini, defending, said Lee “can’t explain his actions” and that had some history of mental health issues.
She told magistrates that she is seeking a psychiatric report for Lee.
Chair of Magistrates, Kay Gilbert, told the court that it was one of the most unusual cases she had ever dealt with.
She adjourned the case for a sentencing hearing to take place on May 23 at South Tyneside Magistrates Court.
“The word bizarre has been used on more than one occasion,” she said.
“I have to say that as an experienced Magistrate, this is one of the most unusual cases we have come across in the magistrates’ court.”
Lee was granted unconditional bail and will be sentenced at South Tyneside Magistrates Court on May 23.
Anna Malia, founder of North East Animal Rights group and volunteer with animal charity, Pawz for Thought, condemned Lee’s actions.
She said: “We are satisfied with today’s outcome. It sends a clear message that animals are innocent and humans are not superior.
“When this bird was ill and in need of medical attention, they were captured, brutalised, and kicked aside when the perpetrator had finished with them.
She continued: “We want to say a huge thank you to Northumbria Police and PC Peter Baker for their dedication and commitment to bring this case to court. We want to send a message to those who think it is acceptable to hurt wildlife – we will find you, we will pursue you through the legal system with all the publicity that may bring.”
