Driver 'embarrassed' by obscene exposure offence

Whatarangi Rogers, 46, of Bradley Street, Guyra, appeared in Armidale Local Court on Tuesday, April 8.

He pleaded guilty to the charges of failing to disclose his driver's details and obscene exposure in a public place.

In a police statement tendered to court, it was claimed the offence happened about 4.40pm on Tuesday, February 6.

Road workers saw a white Isuzu D-May tray back utility enter the road works site in which they were working at the intersection of Waterfall Way and Armidale Road.

"After entering the bay, the driver ran over traffic cones and entered a prohibited area where work was being carried out," police claimed.

"Road workers scrambled to halt traffic to prevent a collision. They approached the vehicle and saw two males, the driver being the older, larger male and the passenger being a younger, thinner male.

"The driver exited the vehicle, appeared heavily intoxicated and began inciting the road workers to a fight, exposing his penis.

"The driver then got back into the vehicle and drove towards Armidale, with the road workers phoning police."

The workers observed the driver "driving all over the road, swaying in and out of the east bound and west bound single lanes" along Waterfall Way, police claimed.

"The manner of driving was so severe, video footage was obtained along with 000 being contacted, the road workers feared a head-on collision."

Police patrolled the area but were unable to locate the ute.

But they did a vehicle check and were able to locate Rogers through his registration papers as being the owner and accused.

Officers went to the offender's Guyra home, where they found the vehicle.

"The accused appeared on the second storey of his home, he appeared heavily intoxicated/irate/hostile," police claimed.

"The accused then came downstairs and within view of the road and surrounding properties, turned away from police, bent over, spreading his buttocks to directly expose his anus.

"The accused has turned around and continued to swing his penis at police numerous times ... while also making hand gestures."

After a few minutes the accused returned to his home and police were later able to arrest Rogers.

In court, defence solicitor Nicholas Forrest said his client was embarrassed by what happened.

"Someone pushed my client into drinking home brew and he became very drunk," Mr Forrest said.

"When his brother told him what had happened, he was embarrassed by his behaviour."

Magistrate Mark Richardson fined Rogers $175 for not disclosing his driver's licence and $250 for obscene exposure in a public place.