The 59-year-old responsible for the obscene act on January 14 can now be revealed as Grant Maxwell Currie after the order keeping his identity under wraps was quashed in the Dunedin District Court this week.
Defence counsel Deborah Henderson argued her client — who was aided in court by a communications assistant — suffered from significant mental and physical issues.
But it was not enough to convince Judge Kevin Phillips.
“There is a very strong element of community interest in this sentencing,” he said.
The judge scoffed at Probation’s assessment that Currie presented a low risk of committing further crimes.
“That’s patently wrong. He’s a high risk of reoffending,” he said.
Currie’s 19-year-old victim, a university student, was at the Rhododendron Dell in the upper garden with her friend last summer.
The court heard the area had high public foot traffic and was frequently used by families for picnics.
The victim was taking photos, when she heard a noise coming from nearby bushes.
She saw Currie with his pants around his ankles, shoulders “hunched over”, in the clear act of onanism.
“As the defendant did so he was staring intently at the victim. He made eye contact and would not look away.”
When interviewed by police, Currie said he was “just taking a piss in a bush”.
Ms Henderson elaborated.
“He does have a urinary issue. When he needs to go he needs to go,” she said.
When interviewed by Probation, Currie was reluctant to admit that sexual gratification had been his primary motivation, the court heard.
However, he did concede he began a “fantasy” when he locked eyes with the startled victim.
Judge Phillips said the the student no longer went to the botanic garden because of the traumatic experience.
She was now wary about being around bushy areas and was thankful no children had to witness what she did.
Currie had support from agencies in the community, but Crown prosecutor Richard Smith said it was clear the man’s behaviour was escalating and more oversight was required.
Judge Phillips imposed nine months’ supervision and four months’ community detention.
If Currie came back before the court for similarly lewd acts, he would most likely end up behind bars, the judge said.
