Darren Lindsay Fairbrother found guilty of flashing holidaying family at Boat Harbour

A Tasmanian councillor who flashed himself at a family holidaying at a popular beach could be banned from the area and lose his position in public life. FULL STORY >>

A Tasmanian councillor has been found guilty of flashing his penis at a holidaying family three times on a North West beach and could be ordered to stay away from the sand.

Darren Lindsay Fairbrother might also lose his position on the Waratah-Wynyard Council with the Premier saying he should go and the Director of Local Government waiting for Fairbrother to be sentenced before he makes a recommendation to the council.

Fairbrother pleaded not guilty to a charge of prohibited behaviour in relation to the lewd incident on Boat Harbour Beach in January, last year.

But on Wednesday he was convicted of the charge.

The Burnie Magistrate’s Court was told he stood on a rock and opened his towel and flashed three times at crown prosecutor Kate Brown and her son.

The Brown family was on a regular holiday to the popular beachside village.

Fairbrother later hid his face with a towel when he realised Mrs Brown had her phone out to record him as he returned from a swim.

South Australian Magistrate Teresa Anderson, who was brought in to hear the case, said she was satisfied beyond reasonable doubt the three flashing incidents had been established.

Prosecutor Phillipa Edwards told Magistrate Anderson that of the 39 similar matters sentenced in the magistrate’s court in Tasmania over the past five years, three offenders had been sent to jail.

Others received fines, home detention orders and six suspended sentences.

“He receives no mitigation for a plea of guilty and has shown no remorse or insight about his behaviour,” M Edwards said.

“This is a class one offence and a poor example because a young person saw the prohibited behaviour and it involved an exposed penis.

“We need to consider community protection and I suggest, be open to making an area restriction order meaning he must not loiter on Boat Harbour Beach.”

Magistrate Anderson, in her finding of guilt, said Fairbrother had “wilfully and without excuse” acted in a way others would find indecent or offensive.

Boat Harbour Beach

She found Mrs Brown to be an honest witness but said Fairbother’s evidence had been “rehearsed” and his account did not bear up to close scrutiny under cross examination.

“I did not find him a credible witness,” she said.

Magistrate Anderson will hear submissions on May 13 before she hands down her sentence.

Premier Jeremy Rockliff said there was no place in public life for people convicted of such an offence.

“It doesn’t meet the community standards of an elected representative quite clearly, certainly doesn’t would not meet my expectations or standards when it comes to any elected representative of any tier of government, that would be my expectation,” Mr Rockliff said.

Tasmania’s Director of Local Government Mathew Healey said he was considering the decision of the Magistrate’s Court regarding the offence that Counsellor Fairbrother has committed and would await sentencing before providing advice to the council.

“A position of counsellor is automatically vacated if the individual is no longer eligible to nominate as a candidate for the office of councillor. There are range of conditions associated with eligibility to nominate as a candidate for the office of counsellor, including that they are not undergoing a term of imprisonment.”