By Cam Lucadou-Wells
A man accused of indecent exposure and a lewd act in front of a 10-year-old rider on Eastlink Bike Trail has claimed he was innocently relieving himself of cramp.
The man indicated that he would plead not guilty during a mention hearing at Dandenong Magistrates’ Court on 20 November.
According to police, he was lying beside the bike path with his pants down in full view of passing cyclists about 4.30pm on Sunday 18 June.
A boy passing by told police that the accused was performing a lewd act while his pants were down.
The boy’s step-father, who was riding 10 metres behind the boy, said he saw the man pull up his pants and keep his hands inside them.
The man was asked by the step-father what he was doing.
“I do nothing,” the accused allegedly replied.
The accused, who fled on his bike, was photographed by the step-father at the scene.
He was subsequently identified by the public after police released the picture.
Upon his arrest, the man gave a no-comment interview to police, the court heard.
A defence lawyer told the court that there was an “innocent explanation”, which would be supported by “further medical material”.
According to the accused, he had been cycling on the path as he’d done for many years and not done anything “remotely like this in his life”.
During his ride, he was overcome with cramping and numbness in the “upper thigh area”, the lawyer told the court.
With a history of two heart stents and a hernia, the trained first-aider said he was concerned by the continuing symptoms even after he stopped cycling.
He laid down up to 15 metres from the path. And in a “blind panic”, he tried to “massage” blood flow into the area.
When he realised there were people nearby, he was “horrified”, pulled up his pants and left the area, the lawyer said.
There were, however, layers of clothing shielding any indecent exposure, the lawyer told the court.
Magistrate Jack Vandersteen said alleged sexual acts in front of a child were not tried at a suburban court.
The case was set to be heard at Melbourne Magistrates’ Court on 1 December.
