Badon Whitney Howell faces court over 2004 Surfers Paradise public nuisance offence
A man who fell foul of the law for flashing a “brown eye” at police - went to fly under the radar for nearly 20 years - has finally had the law catch up with him. Read his punishment.
Police & Courts
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A man who flashed his bare backside at police officers on the Gold Coast nearly two decades ago has had the lewd act come back to haunt him.
Badon Whitney Howell was involved in a disturbance with other people at Surfers Paradise in July, 2004, which required police to attend.
“A hostile crowd had gathered around police,” Sergeant Greg McKenzie told Coolangatta Magistrates Court on Monday where Howell faced charges over the incident.
“While the crowd was moving back, the defendant has failed to move.”
“(He) has dropped his trousers and underpants, bent over and pulled his buttocks apart.”
Sergeant McKenzie said Howell’s cheek-y display interfered with the ‘peaceful passage’ of other members of the public and he was arrested.
“He’s become violent and kicked out at police. He continued to kick and he was then (pepper) sprayed.”
Howell was charged with public nuisance to appear in Southport Magistrates Court on July 19, 2004, but he failed to show up and a warrant was issued for his arrest.
Howell had managed to fly under the radar of police for more than 15 years until Sergeant McKenzie said he was stopped by officers at the NSW state border in 2020.
“The defendant stated he did not recall the offence or the court date due to having a traffic accident a couple of years ago.”
Howell’s lawyer Ali Rana told the court his client had some ‘personal difficulties’ at the time and had to flee interstate.
“He had been attacked by someone. He had a personal view about his safety,” Mr Rana said.
“Because of all of these other issues that he was experiencing at the time. He’s forgotten about it with the passage of time, of course.”
Mr Rana said Howell was in the process of relocating from New South Wales to Cairns to continue his work as a carpenter and asked that no conviction be recorded.
Magistrate Nerida Wilson took into account the time that had passed since the offending and that Howell has no criminal history.
She ordered he pay a $400 fine and no conviction was recorded.