Suspended Loyola College principal Joseph Favrin found guilty of exposing himself in Bundoora public toilet

Suspended Loyola College principal Joseph Favrin has been found guilty of sexual exposure after stroking his genitals while winking at a man in a Bundoora public toilet block.

The public toilet block in Bundoora Park where suspended Loyola College principal Joseph Favrin exposed himself.

Suspended Loyola College principal Joseph Favrin has been found guilty of sexual exposure after he stroked his genitals and winked at an unsuspecting man in a public toilet block.

Favrin, 68, fronted the Heidelberg Magistrates’ Court on Wednesday and clasped his wife’s hand as he learnt he would escape conviction due in part to his “previous good character”.

While Favrin was found guilty of sexual exposure, he was acquitted of the more serious charge of sexual activity directed at a person.

The Herald Sun last year revealed detectives had charged Favrin, who presided at the helm of the Catholic secondary school for nearly 15 years, with the offences.

Earlier this month, the complainant detailed the “disgusting” incident at Bundoora Park in Melbourne’s northeast on April 1 last year that he said left him “shaken”.

Joseph Favrin was placed on a six-month good behaviour bond. Picture: Hamish Blair

The young man told the court he was at the park with his girlfriend, where they parked his car to watch a film together on her laptop.

After a while, he said he needed to use the nearby toilet block.

He described standing at the urinal, when he was approached by a man in a white shirt and dress pants that he alleged was Favrin.

“He was leaning over … trying to look at my genitals and he had his genitals out,” he said.

“He was thrusting his hips towards me.”

The complainant said he saw Favrin touching and “stroking” his exposed genitals.

“He was like taunting me to touch his genitals,” he said.

When asked why he believed that, he said: “He leaned over, he winked and he blew kisses at me.”

Favrin’s defence barrister Colin Mandy SC argued the young man had “simply gotten the wrong bloke” because there was a “reasonable possibility” another man had approached him at the urinal.

Mr Mandy said that unbeknown to his client the toilet block was a well-known “beat” frequented by gay men looking to have consensual sex.

But Magistrate Meagan Keogh on Wednesday found Favrin guilty of sexual exposure, telling the court the complainant was “unwavering” in his evidence, giving a “clear, consistent and direct account” of events.

“The court accepts that (Favrin) deliberately stood near to (the complainant) holding and stroking his genitals … making eye contact with (the complainant) and through his position, expression and gestures encouraging (the complainant) to look towards his genitals,” she said.

“This behaviour goes beyond any incidental exposure of genitals that may occur during routine toileting in a men’s toilet.

“The behaviour clearly caught (the complainant) by surprise and was unwanted by him.”

In his record of interview, Favrin told detectives he was at Bundoora Park on April 1 for a short walk to clear his head after a “very busy” week of work when he started to experience stomach cramps.

He went to the toilet block because he said he had “the runs”.

Once he felt better, he said he left the cubicle and saw the complainant at the urinal.

He denied he acted in the way alleged by the young man.

Loyola College is one of Victoria’s leading Catholic co-educational schools.

But Ms Keogh said she was confident the only “reasonable” conclusion was that Favrin had behaved as alleged.

Favrin was alleged to have “engaged in sexual activity” seen by another person with the intention that this person would “experience fear or distress from seeing the activity”, according to the charge sheet.

But Mr Mandy argued that Favrin would only be guilty of the offence if he intended or knew the complainant would probably experience “fear or distress”.

Ms Keogh said while the complainant did experience “fear and distress”, the court did not hear evidence about Favrin’s intention or knowledge at the time.

“In the absence of direct evidence on this point … I cannot reasonably conclude the subjective intent or knowledge of Mr Favrin,” she said, before finding him not guilty of the serious charge.

She said she also considered the possible conclusion that some people “may seek out consensual sexual activity with a stranger in the toilet block”.

“The court does not have sufficient evidence to draw a sound conclusion that is what Mr Favrin was seeking to do,” she said.

Mr Mandy said his client, who has no prior convictions, should be fined without conviction.

“These charges have been devastating for Mr Favrin’s life, for his job, for his wife and family, for his reputation,” he said.

“His reputation, which is now damaged one would think irredeemably, was prior to these allegations exceptional in every way.”

Favrin was supported by his wife in court, holding her hand as Ms Keogh placed him on a six-month good behaviour bond.

He was also ordered to donate $1000 to the court fund.

“This behaviour is completely unacceptable. It’s against the law,” Ms Keogh said.

Favrin was handed an interim suspension by the teaching regulator in May last year.