Thrust of the argument, naked man pleads not guilty
A NORTH Mackay man has denied having an erection when spotted naked on his balcony by a woman walking past.
Daniel Haber also said he hadn't been acting indecently after the woman claimed he had made a "thrusting" movement.
Instead, Mr Haber, at his defended hearing before Mackay Magistrates Court, said he was innocent and had simply been stretching.
Mr Haber pleaded not guilty to the charge that at about 3.30pm on July 10 last year he did an indecent act with intent to insult or offend another person.
Defence barrister Phillip Moore argued that even if his client had an erect penis, this was still not enough to infer it was an indecent act and that the intent had been to offend or insult another person.
"People can be in public places with penises exposed, erect, for all sorts of reasons," he said.
Mr Moore said people who had their penises exposed in public might be voyeurs or just "showing off".
He said the woman claimed the indecent act was Mr Haber's thrusting of his hips, but she was not a doctor and could not rule out that "he was stretching".
He argued Mr Haber might not even have known the woman was there because at the time no one else was around and the prosecution could not argue he knew anyone could see him.
Magistrate Ross Risson will hand down his decision next month.