An Okanagan man is on trial because of an inappropriate incident that happened at a Lake Country water park in June 2017.
John Charles Allan is accused of indecent exhibition in a public place. The 66-year-old man admits to masturbating in his car.
Allan told the court he was looking at naked pictures of his 64-year-old girlfriend when he pulled his pants down and started fondling himself.
He added that he threw a shirt across his lap so he wouldn’t be seen.
Barry Anderson, a father of two young children who were in the water park, testified against Allan.
Court heard that it was a very hot day, and several young children were running around without their bathing suits on.
Anderson said he became suspicious of Allan because he was holding his phone near the steering wheel, while his other hand was out of sight.
The father approached the vehicle. Allan was naked at the crotch and appeared to be filming his genital area, Anderson testified. He added that he could see skin on the phone’s screen.
Anderson said he then yelled at Allan, asking him if he was a pedophile, to which Allan responded he wasn’t.
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Anderson admitted he then started punching the other man through the vehicle’s open window.
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Const. Sean Eckland testified that he arrived at the scene and found Anderson with bloodied hands and Allan with some abrasions and redness.
Allan was arrested a few minutes later for exposing himself in public. However, Anderson was not arrested for any offence as Allan declined to give a witness statement.
Court heard police found lubricant and binoculars during a search of Allan’s car. They also went through Allan’s phone but didn’t find any photos or videos from the park, Eckland said.
They did find photos of a naked adult female, he added.
When Allan took the stand, the court heard he is a grandfather and great-grandfather. He also said he had to wait an hour to pick up new glasses, and it was a hot day, so he went to Swalwell Park.
Allan said he rarely uses air conditioning because he has a sinus problem and gets stuffed up, so he rolled down his windows to let the cool air from the water park in.
He testified that he had no interest in the children at the water park, and it didn’t occur to him that it might not be appropriate.
When asked by the Crown, Allan said it didn’t occur to him to drive somewhere with more shade.
Defence lawyer Wade Jenson said that the charge of indecent exhibition in a public place is very unusual. He told the court he could only find five criminal cases across Canada with this charge, and the only conviction dated back to 1875.
He also argued that Allan was in his private vehicle and attempted to conceal his activity.
The incident has been embarrassing and humiliating for Allan, Jenson added.
Crown prosecutor Dave Ruse said the incident happened in a public place, and Anderson wouldn’t have been able to see Allan masturbating if he was actually concealing himself.
The judge has reserved her decision until a later date.
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