You are using an older browser version. Please use a supported version for the best MSN experience.

Bathing truck driver's conviction quashed

NZ NewswireNZ Newswire 22/06/2016

A truck driver who stripped naked and sponge-bathed himself in a carpark near an Auckland primary school has finally cleared his name.

The Court of Appeal says no offence occurred when Brian Ker parked his truck and trailer side by side in an open carpark off East Tamaki Road, next to East Tamaki Primary School, in November 2013.

Mr Ker, who was living in his trailer at the time, disrobed and washed himself with a sponge between the truck and trailer.

He was seen by a member of the public and an investigating constable, before walking around the trailer to go inside and dress.

He was in view of two classrooms when he walked inside the trailer, but no evidence was found at Mr Ker's trial that any students or other members of the public saw him naked.

Mr Ker was charged and convicted of indecent exposure in Manukau District Court before successfully appealing to the High Court in 2014, where his indecent exposure conviction was downgraded to offensive behaviour - still with a $500 fine.

However the offensive behaviour charge was quashed on Wednesday, after lawyers for Mr Ker successfully argued his behaviour did not disrupt public order.

The three Court of Appeal judges found public order could only be disturbed where offensive behaviour interfered with others' enjoyment of public space.

The judges also determined that a "mere capacity" to disturb public order did not constitute offensive behaviour.

"(Mr Ker's lawyer) put it to us that, logically, behaviour that is not observed cannot be disruptive of public order," Justice Edwin Wylie said.

Mr Ker's $500 fine for offensive behaviour was also annulled.

image beaconimage beaconimage beacon