Sacked worker found guilty Caught with pants down

A MAN who lost his job after he was caught on CCTV with his pants down and his hands inside his underwear has told a court he was just scratching himself.

Daniel James Whipps selfrepresented in the Townsville Magistrates Court, where he pleaded not guilty to charges of common assault and unlawful possession of motor vehicles, aircraft or vessels with intent to deprive.

Police prosecutor Bimal Raut told the court that on October 8, 2018, Whipps was asked to resign from his position at The Battery Store in Garbutt.

He called the store’s general manager, Kishor Kumar, to give evidence in court to detail the meeting to discuss an incident from October 2 that year.

“The issues was, Mr Whipps, one, was not doing his job and we saw him sitting on the stairs on the phone and not working in the warehouse,” he said.

“But the major issue was Mr Whipps was sitting in front of a computer with a phone in his hand and his pants around his knees and his hand inside his pants.”

As Whipps cross-examined Mr Kumar, he asked him if he was aware of his medical condition.

“You produced a photograph of me scratching myself, correct?”

Mr Kumar replied: “I don’t know what you were doing.”

Mr Raut played for the court CCTV footage of the conversation between Whipps and Mr Kumar in the office.

The footage shows Whipps shoulder barging Mr Kumar twice before leaving the room.

Mr Kumar said before Whipps shoulder barged him, he threatened to “smash” him.

Whipps told the court he was defending himself after Mr Kumar pushed his chest with his arm.

The court heard Whipps then drove the company Toyota Hilux home although his employment had been terminated.

Mr Raut said Whipps was asked to return the car but he did not.

Whipps argued Mr Kumar had abandoned the Toyota Hilux at his home and advised him to pick up the vehicle or he would charge the company $100 a day for storage.

The court heard the Toyota Hilux was towed from Whipps’ residence on October 12 and returned to The Battery Store on October 16.

Magistrate Cathy Wadley found Whipps guilty.

“Fortunately the assault was at the lower end of the scale and there were no injuries,” she said.

Whipps was fined $200 for common assault and $400 for unlawful possession of motor vehicles.

No convictions corded. were re