Mooning is OK, court told
Date: November 30 2002
By Dale Paget Gold Coast
The lawyer for a Brisbane man who flashed his buttocks at a police car argued in court yesterday that "mooning" was a constitutional right and a part of the larrikin Australian character.
James Albert Ernest Togo, 20, pleaded not guilty in the Coolangatta Magistrates Court to indecent behaviour when he "mooned" a police car soon after midnight on August 12 this year.
The offence, which carries a maximum fine of $100, became a sticky constitutional issue when Aboriginal legal service lawyer Eugene O'Sullivan argued "mooning" a police car was a legitimate and legal means of expression. He said it was a "mild" political act and a protest against government authority protected under the implied freedoms of the constitution.
The court was told Togo was with about 10 other youths when he pulled his pants down as a police car drove within two metres of the group.
"I got a fairly clear view through the front window," Constable Timothy Nelson said.
Mr O'Sullivan said the action reflected the irreverent Australian character which enjoyed poking fun at authority. "The larrikin moon is of a political nature when it is directed at an authority figure," he said.
Magistrate Sheryl Cornack adjourned the case until December 13 to allow time for the federal and state attorneys-general to consider a response.
- AAP