Anthony Hadfield claimed he was not masturbating and had been unaware of people passing him in the park.

The Henty man, 22, was yesterday fined $250 with an Albury magistrate saying he was very concerned about the behaviour.

Magistrate Gordon Lerve said there was considerable significance about where the offence committed by Anthony Hadfield happened even though it was his first offence.

Mr Lerve said many people attended the gardens and children could have been about.

Hadfield, 22, appeared for sentence on a charge of wilful and obscene exposure which carries a maximum penalty of a $1100 fine or six months’ jail.

Two more serious charges of committing an act of indecency with a person aged under 16 had previously been dismissed by Mr Lerve on a technicality.

Two teenage girls interested in photography were dropped off at the gardens about 5pm on September 16 last year.

They were near the pond in the gardens taking a picture of the water when they saw Hadfield sitting on a nearby park bench.

He was seen to have his erect penis in his hand and the girls walked away to another area.

It was about that time that another visitor to the gardens contacted the police.

Police spoke to Hadfield, who said he was not masturbating.

He said that he was “airing” his penis as he had a rash and was unaware of people going past.

The girls went to the Albury police station and made statements, saying they were about 2m to 5m from Hadfield.

Police twice went to a unit in Crisp Street, Albury, earlier this year seeking to arrest Hadfield, but had been unable to find him.

“He accepts that his penis would have been in view,” solicitor Andrea MacDonald said.

But Mr Lerve said he rejected Hadfield’s interpretation of what happened.

“He is in denial, there is an issue,” Mr Lerve said.