Waratah-Wynyard Councillor Placed on Community Protection Offender Register

by our Burnie Court correspondent

Darren Lindsay Fairbrother was found guilty in April of a ‘prohibited behaviour’, for indecently exposing his genitalia towards Kate Brown and her son on the eastern end of Boat Harbour Beach, in north-west Tasmania.

South Australian Magistrate, Theresa Anderson, concluded the matter with the sentencing of the Waratah-Wynyard councillor in an early court hearing this morning at the Burnie Magistrates Court.

Fairbrother was sentenced to pay an $800 fine, plus $87.48 in court costs. Magistrate Anderson also made an order for Fairbrother to be listed on the Community Protection Offender Register for a period of two years as a Class 1 Offence

Class 1 offences include:

• possession of, accessing, or trying to access, child abuse or exploitation material
• showing a child obscene material
• loitering near children
• indecent exposure
• assaulting a child with indecent intent.

(Source: https://www.gotocourt.com.au/criminal-law/tas/community-protection-offender-register/)

In submissions made, Fairbrother’s lawyer Paul Sullivan argued that the prosecution’s request for an Area restriction was impractical.

The magistrate stated that the sentencing would act as a significant deterrent to Fairbrother reoffending, and that the impact of the high publicity of this case on Fairbrother would act as a personal and general deterrent to him.

Magistrate Anderson stated there is “sufficient risk, not one that is far fetched or fanciful” of the behaviour re-occurring again.”

“The finding of guilt, publicity, and requirement to be on the register is sufficient to deter you and protect the community,” Magistrate Anderson remarked.

Magistrate Anderson considered Fairbrother’s work in the community, including with the Boat Harbour Beach Surf Life Saving Club and as a councillor, however indicated that “much of the work that has benefited the community will no longer continue.”

In defence submissions, Sullivan stated that Fairbrother did not renew his membership with the BHBSLC after charges were laid. This decision followed a community complaint to the club also went to the state and national level of Surf Life Saving.

Sullivan stated that Fairbrother did not want to go through an investigation and instead chose to step away from the club.

Sullivan also stated that Darren Fairbrother was “reviewing his position in relation to continuing in that role (councillor) in relation to the finding of the court.”