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National
By Monte Bovill

Tasmanian councillor Darren Fairbrother cops $800 fine over penis flashing at woman and her son

Darren Fairbrother flashed the prosecutor and her son at Boat Harbour Beach last year. (ABC News/Supplied)

A Tasmanian councillor has been fined $800 for flashing his penis three times at a Crown prosecutor and her son on a beach in the state's north-west.

Councillor Darren Fairbrother, who has served on the Waratah-Wynyard council since 1996, was found guilty last month on a charge of prohibited behaviour.

In sentencing, magistrate Teresa Anderson said the offending was not "pre-planned".

"This incident is to be treated as an isolated incident," she said.

The court previously heard that Cr Fairbrother had flashed at prosecutor Kate Brown and her son on Boat Harbour beach in January 2021.

Due to the legal status of Ms Brown in Tasmania, a South Australian magistrate was brought in to deal with the case.

As well as the fine, Magistrate Anderson ordered that his name be added to the sex offender register for two years.

Mount Gambier magistrate Teresa Anderson was brought in to hear the case because the victim was a Tasmanian prosecutor. (ABC South East SA: Kate Hill )

However, she declined the prosecution's request to issue order banning Cr Fairbrother from the beach.

Cr Fairbrother had previously told the court he was wearing a G-string underneath his string-drawn shorts when they fell down after becoming snagged on a rock.

The councillor told the court his buttocks were exposed for a period of around 10 seconds, but his G-string meant "not 100 per cent of it" was showing.

Magistrate Anderson previously said that account "did not bear up to close scrutiny in cross-examination" and was given in a "rehearsed manner".

Fairbrother 'reviewing his position' on council

Cr Fairbrother's defence lawyer, Paul Sullivan, told the court his client was now "reviewing his position" on council as a result of the court finding.

Mr Sullivan described the 56-year-old as someone who had been heavily involved in the Boat Harbour community, including through the local surf life-saving club, which he is no longer a member of.

The court ordered Cr Fairbrother's name be added to the sex offender register for two and a half years. (ABC News: Monte Bovill)

He said the media coverage of the court hearing had caused "distress" to both Cr Fairbrother and his wife.

"This has been reported very widely, including outside of Tasmania," he said.

He argued the offending was "opportunistic" and that the three times he flashed his penis were "brief in time", which was accepted by the magistrate.

"There is no suggestion his penis was erect or he was masturbating," he said.

Publicity 'a deterrent'

In reply to Mr Sullivan, Prosecutor Phillipa Edwards argued Cr Fairbrother had shown no remorse for his actions and said a "targeted approach" was needed to stop him from offending again.

Magistrate Anderson agreed the publicity of the case would act as both a personal and general deterrent.

"Much of the work you have done that has benefited the community will no longer continue," she said.

As Mr Sullivan was reading his submissions, a man in the public gallery yelled out "this is ridiculous" and was asked to leave the court immediately.

In a statement, director of local government Mathew Healey said he had lodged a code of conduct complaint against Cr Fairbrother over the actions that led to his conviction.

He said Cr Fairbrother's behaviour had fallen "well short of the behaviour expected of individuals holding the position of councillor".

It is the first time the director of local government has lodged a code of conduct complaint.

A panel will consider the complaint and, if upheld, may impose sanctions on Cr Fairbrother ranging up to a three-month suspension.

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