'He's a dirty old man': Pensioner, 89, harassed mum as she breastfed her five-month-old baby in her car in Leeds

The judge slammed the Crown Prosecution Service for failing to charge 89-year-old John White with voyeurism over the disturbing incident in Leeds.

Leeds Crown Court heard how the mum stopped her car to feed the infant on Wakefield Road and was approached by the convicted sex offender.

The pensioner then touched his groin area as he looked at the woman through the window as she fed the baby on the back seat.

White was found guilty of threatening behaviour over the incident on October 5 last year

Recorder Simon Myerson QC criticised prosecutors for "undercharging" White, which meant he was unable to consider imposing a prison sentence.

White, of Primrose Hill Green, Swillington, has previous convictions for indecent exposure and making indecent child images.

Robert Mochrie, prosecuting, said the incident took place at around 4.30pm.

Mr Mochrie said the mum pulled the car over so she could feed the baby and got into the back seat of the vehicle with the baby.

As she was feeding the baby she saw White walking towards her vehicle.

She thought he was behaving "unusually" so locked the car doors.

The pensioner walked up to the car and put his hands on the roof before looking through the window.

White then said to the victim: "You don't have to stop."

The woman told White that she would stop until he left.

Mr Mochrie said White stood by the car door and rubbed his groin area over his clothing "as if feeling some form of pleasure."

The prosecutor added: "She was alarmed by this and rang her parents and her step-father arrived."

When he got there White had returned to his own vehicle parked nearby.

The victim used her phone to take pictures of White as he was in his car as well as the registration number.

Police were contacted and officers traced White to his home at 9pm that evening.

He was spoken to by police officers and denied behaving in the way the victim had described.

Police officers searched his home and found an Apple Macbook.

He was in breach of a Sexual Harm Prevention Order (SHPO) by possessing the device as he should have disclosed its purchase to the police.

The SHPO was imposed in 2017 after White was convicted of making indecent images of a child.

White was found guilty of threatening behaviour with intent to cause harassment, alarm or distress and breach of a SHPO after a trial before magistrates.

Recorder Myerson was critical of the CPS decision to charge White with the threatening behaviour offence rather than voyeurism.

The judge said he was unable to consider imposing a prison sentence due to him being convicted of the lesser charge.

He told the prosecutor: "This was a lone woman with a five-month-old child in a vulnerable position breastfeeding her child.

"She may have expected the public would afford her some protection in dealing with that matter.

"I do not understand why this is not voyeurism.

"What you are saying is that he is getting sexual gratification by watching this lady breastfeeding.

"It is undercharging, and it is the wrong charge."

Recorder Myerson continued: "I make it absolutely clear, in my judgement, if this had been a charge of voyeurism I would be considering a sentence of imprisonment. Although I would be considering suspending it because of his age."

The prosecutor told Recorder Myerson he would referr his comments back to the CPS.

John Batchelor, mitigating, said White's latest convictions were a warning to him to stay out of trouble in future.

The barrister said White has an army pension and would be able to pay any fine imposed.

He added: "Hopefully it is a shot across the proverbial bows and that is the best I can say."

Recorder Myerson said: "He is, If I may say so Mr Batchelor, a dirty old man.

"I am tempted to fine him so much that he is going to have to sell his laptop. But I'm not going to."

White was made the subject of a 12-month supervision order with 30 rehabilitation activity requirement days.

He was also ordered to pay £620 court costs.