Naked man found at beach with condom, baby oil, binoculars
WHEN is touching yourself not masturbating? When you're applying sun protection apparently.
A man who claims he was just "rubbing sunscreen on his genitals", and not seeking sexual gratification, has been given a chance to collect evidence to support his version of events.
Appearing in the Bundaberg Magistrates Court, John Arthur Lowe pleaded guilty to performing an indecent act in any place to which the public are permitted access.
But it was his defence that raised the eyebrows of Magistrate Belinda Merrin.
Police prosecutor Senior Constable Andrew Blunt told the court police were called to Workman's Beach at Agnes Water about 2.30pm on February 28.
Snr Const Blunt told the court police immediately responded after a woman called to say a man was exposing himself and masturbating at the popular swimming spot.
The woman told officers she'd walked past Lowe sunbathing on a towel while wearing a g-string and a hat, but when she entered the water, a naked Lowe stood up and she could see him touching his penis.
Snr Const Blunt said when police found Lowe, who had moved about 60m up the beach, they searched his bag and found binoculars, baby oil and a condom.
Lowe's defence lawyer John Dodd said that while his client admitted he was naked, he denied it was "a case of a public display".
Mr Dodd said his client instructed that he was applying sun protection but accepted that "quite clearly the person who saw it was offended".
But Ms Merrin called Mr Dodd on the details of Lowe's defence.
"I'm having some difficulties accepting your client's instructions," she told Dodd.
"It defies common sense."
Ms Merrin said there was nothing in the evidence from police to suggest Lowe even had sunscreen on him.
Snr Const Blunt agreed it wasn't clear from the police material if there was sunscreen found by the officers but said he believed there was police body-worn camera vision available, which might clear up the matter either way.
The case was adjourned for sentencing until next month for both sides to obtain further relevant material.