Patrick Mulligan (58), whose address can only be given as Fermanagh due to concerns for his safety, is charged with observing a male child carrying out a private act for sexual gratification.
Offending is alleged to have occurred on Monday at Erneside Shopping Centre, Enniskillen.
A police officer aware of the facts of the case told a special sitting of Dungannon Magistrates Court today that the charge could be connected.
She explained the complainant was at the shopping centre with friends and went into the public toilets.
Mulligan had allegedly been standing near the boy for a few minutes prior to this and followed him into the toilets, entering a neighbouring cubicle.
The boy observed Mulligan “down on his hands and knees looking at him from under the cubicle divide.”
Once outside the shopping centre he was challenged by security staff, a video of which was uploaded onto social media “receiving significant public and press interest.”
Mulligan was arrested for voyeurism the following day and, when interviewed, he made full admissions.
Objecting to bail the officer said this was largely about “protecting the defendant”.
“He and his family are worried about repercussions or being attacked. The video has been shared hundreds of times on social media and has received strong public opposition. The defendant is well known and readily identified. Police have classed this as a critical incident.”
The officer accepted there are no previous convictions for any offending.
However, the officer added: “Police feel he is at risk if released to his home address given the interest on social media.”
A defence lawyer said when Mulligan was arrested that “concerns were immediately raised around his limited capacity and he was interviewed in the presence of an appropriate adult.
“He has made certain admissions, but it is not an automatic assumption that he would receive a custodial sentence.”
He noted police were not pointing to risks of further offending or witness interference, rather bail was opposed out of fears for Mulligan’s personal safety.
“It’s bizarre that police cannot protect this man or put a safety plan in place and instead deprive him of liberty because of their inability to manage the situation,” the lawyer added.
District Judge Michael Ranaghan enquired if there is any specific threat to Mulligan.
The officer replied: “I’m not aware of that other than he was identified in the footage which has been shown far and wide which is readily available. It’s a perceived threat rather than specific.”
The judge said the decision was difficult particularly as the offence was directed against a minor but, “with some hesitation and indeed reluctance” bail would be granted.
While he initially said Mulligan should reside at an address approved by police, he later permitted Mulligan return to his home but urged the address not be disclosed.
In addition Judge Ranaghan ordered him to have no contact with the complainant or anyone aged under 18, and he is banned from entering Erneside Shopping Centre.
Mulligan will appear again at Enniskillen Magistrates Court on January 6.