Coach accused of lewd act claims he was ‘scratching’
A FORMER soccer coach accused of a lewd act while driving claims he was "having a scratch".
David James Selby, 34, is accused of masturbating while driving about 70km/h on the Captain Cook Hwy next to a van with two women inside on January 15 this year, the Cairns Post reports.
Driver of the van Ellen Stafford said she looked over and saw Mr Selby allegedly performing the act outside clothing while making eye contact.
"I could see that he had his penis in his hand and was going an up and down motion through jocks," Ms Stafford told the Cairns Magistrates Court yesterday.
Defence barrister Michael Dalton asked Ms Stafford: "Do you accept that you might be mistaken about that?" and she said no.
Mr Selby told the court that he had recently shaved his genital area and ended up with "a fair bit of heat rash" around his groin.
"I was scratching myself," he said.
Mr Selby is accused of doing an indecent act with intend to offend a person.
Mr Dalton argued that scratching wasn't indecent.
"Mr Selby wouldn't be the first man to inappropriately scratch himself or adjust himself," he said.
Mr Dalton argued that it was a circumstantial case and that Ms Stafford did not see Mr Selby's penis.
Police prosecutor Senior Constable Morgan Harris said this was irrelevant because Ms Stafford gave evidence that she saw Mr Selby's erect penis through his underwear.
Snr Const. Harris had argued that Ms Stafford had been consistent in her evidence.
Snr Const. Harris tried to submit "similar fact evidence" in relation to Mr Selby pleading guilty in November 2015 to pretending to masturbate while driving next to a vehicle which held a 15-year-old girl. But Acting Magistrate Richard Lehmann rejected the application on the basis that it didn't have a "strong degree of probative force".
Mr Lehmann adjourned the matter to this morning for his decision.