Beach flasher hit with fine
A TASMANIAN councillor and surf club founder has been fined $800 after being convicted of prohibited behaviour and now waits to see if his position on the Waratah-Wynyard Council remains tenable.
Darren Lindsay Fairbrother, 56, was convicted of the charge last month in relation to conduct in January on Boat Harbour Beach in which he flashed his penis three times at a mother and son who were visiting on holiday from Hobart.
Magistrate Teresa Anderson said she had not been given any explanation for his lewd behaviour and she could not conclude Fairbrother would not offend again.
Magistrate Anderson decided not to impose an exclusion order, which would prevent Fairbrother from loitering on his local beach.
His name will be placed on the Community Protection Offender register for two years.
“I believe this was an isolated incident. You are an active
member of the community and much of your work will no longer continue because of this conviction,” Magistrate Anderson told Fairbrother, who was accompanied in the Burnie Magistrates Court by his wife.
Fairbrother’s lawyer Paul Sullivan told the court his client had told the council’s general manager of his conviction and Fairbrother was now reviewing his position on the council.
He has also resigned from the Boat Harbour surf club of which he was a founding member.
“This charge has had an impact on his life and standing in the community,” Mr Sullivan said.
He said Fairbrother’s offending had been “opportunistic”.
“There was no suggestion his penis was erect nor was he masturbating,” Mr Sullivan said.
Crown prosecutor Kate Brown, who with her son was the target of the exposure, told the court she found the act “creepy, weird and a bit pathetic”.
Prosecutor Phillipa Edwards said the lewd act was deliberate and about getting a reaction from his victims.
She suggested an area restriction order to keep Fairbrother off the beach was entirely appropriate to protect the public and stop a similar offence from happening.
“He has shown no remorse or insight in this matter,” Ms Edwards said.
Magistrate Anderson said the reporting of the matter in the press should act as a general deterrent to Fairbrother reoffending.