Fairbrother given $800 fine for flashing his penis at mother and son

A Tasmanian councillor who flashed his penis three times at a mother and son on a popular public beach has copped a fine and could be sacked from his position.

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 an incident in January on Boat Harbour Beach in which he flashed his naked penis three times at a mother and son who were visiting on holiday.

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 Magistrate’s 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.

Mr Sullivan said Fairbrother’s offending had been “opportunistic”.

Boat Harbour Beach

“There was no suggestion his penis was erect nor was he masturbating,” Mr Sullivan said.

His victim, Crown Prosecutor Kate Brown told the court she found the incident “creepy, weird and a bit pathetic.”

Prosecutor Phillipa Edwards said Fairbrother’s lewd act was deliberate and about getting a reaction from his victims.

She suggested an area restriction order which would keep Fairbrother off the public beach was entirely appropriate to protect the public and stop a similar incident from happening again.

“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.