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National

Tasmanian councillor Darren Fairbrother found guilty of flashing penis at prosecutor and her son on Boat Harbour beach

The incident took place on Boat Harbour Beach in January last year. (ABC News: Piia Wirsu)

A Tasmanian councillor has been found guilty of flashing his penis three times to a Crown prosecutor and her son on a beach in the state's north-west.

Councillor Darren Fairbrother, who has been elected to the Waratah-Wynyard council since 1996, pleaded not guilty to the charge of prohibited behaviour last year.

South Australian magistrate Teresa Anderson handed down her decision via video-link in the Burnie Magistrates Court on Wednesday morning.

She said she was satisfied beyond reasonable doubt that Cr Fairbrother exposed himself three times to Crown prosecutor Kate Brown and her son on Boat Harbour beach in January 2021.

Darren Fairbrother has been a councillor since 1996 and his official bio page describes him as having a "no-frills approach". (ABC News: Supplied Waratah-Wynyard Council)

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.

The court had previously heard Cr Fairbrother was confronted by Ms Brown's husband, Launceston magistrate Simon Brown.

Due to the legal status of Ms and Mr Brown in Tasmania, magistrate Anderson was brought in for the hearing.

Councillor could be restricted from visiting beach

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

She said she did not find Cr Fairbrother — whose official council biography page lists him as "quite competent" and having a "no-frills approach" — to be a credible witness.

Cr Fairbrother had repeatedly told the court he had not flashed his flaccid penis at Ms Brown and her son.

Cr Fairbrother will be sentenced at a later date. (ABC News: Monte Bovill)

Prosecutor Phillipa Edwards told the court she believed Cr Fairbrother had shown no remorse for what he had done.

"A young person was on the beach and saw it and also it involved an exposed penis," she said.

She said an order restricting Cr Fairbrother from loitering on Boat Harbour beach should be considered. 

Cr Fairbrother's defence lawyer Paul Sullivan told the court he would reserve his sentencing submissions until he was able to read the magistrate's decision.

Magistrate Anderson adjourned the matter to sentence Mr Fairbrother in May.

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