A Wangaratta man accused of exposing his erect penis to a woman and smiling at her says he was just urinating.
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Travis Howe recently appeared in the Wangaratta Magistrates Court following the incident on September 4 last year.
The court heard he had gone to Coles to buy a newspaper, wearing a grey T-shirt and black track pants.
Police alleged while walking back home, he stood on the footpath on Greta Road with one hand on his hip, one on his erect penis, and smiled at a woman with his feet wide apart.
She believed Howe was pleased that she had seen him.
The woman took a photo and Howe turned and walked south.
Police were notified and attended and he was arrested nearby.
IN OTHER NEWS:
He said he was walking back to his Murdoch Road home, checked if anyone was around, and urinated in the front yard of a home.
Howe's lawyer Marcus Ibaceta said his client admitted his genitals were exposed but said he was urinating.
He said there wasn't sufficient evidence that the exposure had a sexual element.
The woman's photograph is part of the police evidence but doesn't depict the alleged offending.
"Mr Howe accepts his genitals were exposed at the time, although the reason for that exposure is what's disputed," Mr Ibaceta said.
Police will call the witness to give evidence with the court told it was one person's word against the other.
"It would appear if the court was to accept the evidence from the complainant, in my view it would be open to draw the inference it was sexual," magistrate Lance Martin said.
A hearing will be held on January 13 to determine the sexual exposure and offensive behaviour allegations.
