Gavin Swindale: Ulladulla man on trial in Nowra District Court for allegedly sending child nudes

A South Coast man who allegedly sent a child multiple images of his genitalia, as well as texts saying “like what you see?”, alleges he believed the minor was an adult, a jury has heard.

Swindale allegedly sent the messages on Bigo Live. Picture: Generic, file

An Ulladulla man of “good character” who allegedly sent pictures of his “erect penis” to a young child believed the social media user he was conversing with was actually an adult, a jury has heard.

The trial of Gavin Swindale commenced in Nowra District Court on Wednesday, after the 50-year-old was charged with and pleaded not guilty to using a carriage service to send indecent material to a person under 16.

The charge and March 2023 allegations come after the then 48-year-old used the ‘Bigo Live’ social media application to send someone he allegedly believed to be a 23-year-old images of his erect penis, as well as text messages reading “like what you see?” and “I love you”.

The court heard on Wednesday the recipient was in reality – a child.

In the opening statements of Swindale’s trial, the Crown prosecutor alleged he was aware of the recipient’s age as the pair had allegedly sent images of their faces.

Swindale’s trial is taking place in Nowra District Court. Picture: John Appleyard

The jury heard Swindale allegedly sent another illicit image after seeing the recipient’s face.

“The Crown case is that [Swindale] did know the age,” the Crown prosecutor told the jury.

Agreed facts tendered to the court and read to the jury state the child recipient of Swindale’s messages showed the conversation on their iPad to after school care staff, who provided the messages to the child’s father and then to the police.

The child’s iPad was seized, as was Swindale’s smartphone.

Following investigations, he was arrested and charged.

Swindale has since been granted conditional bail.

Defence barrister Matthew Barnes submitted his client was under the belief he was speaking to an adult, as the recipient’s profile stated they were 23-years-old.

“He’s a man of good character with no criminal record,” he told the jury.

“This is a serious charge, but please keep an open mind until the evidence is closed.”

Swindale’s trial before Judge Christopher O’Brien continues.

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