Terrigal: Former Central Coast Grammar teacher David Beeby defends allegedly procuring child for sex and charge was dismissed

A former teacher at an exclusive school has had an allegation of trying to procure a child for sex dismissed after a court found the evidence was tainted.

A former Central Coast Grammar School teacher has had a charge of procuring a child for sex dismissed after his barrister successfully had the prosecution’s key evidence thrown out.

David Christopher Beeby, 39, of Chittaway Bay, faced Gosford Local Court on Wednesday where his lawyer said Grindr messages and other evidence was “inadmissable” because it was illegally obtained by people engaged in “vigilante pedophile hunting”.

Mr Beeby, who no longer works at the school, was teaching at the illustrious college at the time.

The court heard Mr Beeby was allegedly on the gay hook-up app Grindr in January last year when he had a conversation with a user he believed was named “Jeremy”.

The police prosecutor told the court Mr Beeby, who allegedly went by the username “Tezzz”, had a conversation on Grindr where he “alluded to sexual activity”, sent what is colloquially known as a “dick pic” and invited the person to meet him at his Terrigal apartment to “walk in, I will be arse up, f..k me and go”.

The prosecutor said the other person allegedly told Mr Beeby “is it sweet I’m 15?” and “is 15 too young? I’ve done it before I won’t say nothing”.

Beeby was teaching at Central Coast Grammar School at the time. Picture: supplied

The court heard Mr Beeby opened the gate to his Terrigal unit complex before he was viciously bashed and kicked by up to three males and one female who also robbed him.

He went to police the following day to report the aggravated home invasion, which the court heard led to at least one person being arrested and charged, before a subsequent investigation led to Mr Beeby being charged in February last year.

Beeby’s lawyer claims much of the crucial evidence shouldn’t be admissible because it was obtained illegally. Picture: NewsLocal

Mr Beeby’s barrister Brian Walker told the court no one had come forward to police saying they sent the messages on Grindr and the alleged conversation was orchestrated illegally and by “entrapment” by unknown persons engaged in “vigilante pedophile hunting”.

He said as such the evidence should not be admissible, which the court heard would essentially derail the prosecution’s case.

Magistrate Rosheehan O’Meagher agreed and said while the evidence was compelling and “central” to the prosecution case, it was obtained by people with illegal, nefarious motives.

She said it went “beyond pedophile hunting” and was part of a sinister “trap” to lure Mr Beeby into telling unknown persons where he was living so they could violently rob him and then blackmail him into not reporting the home invasion to police.

She said in Mr Beeby’s statement to police he believed the person he was arranging to have sex with was aged 17.

“Evidence that is obtained by undesirable means is highly undesirable,” she said, citing a similar case that went before the Tasmanian Supreme Court in 2019, in which the Justice refused to admit evidence obtained illegally.

Ms O’Meagher ruled the evidence was inadmissible and therefore Mr Beeby had “no case to answer” and dismissed the charge.

Mr Beeby’s supporters clapped and cheered the decision.

Got a story tip? Email [e-mail]