THE trial of a man accused of fondling himself in a public toilet while watching over a teenager in the next cubicle has begun.
Lloyd Vincent Appo, 57, of Sharon, has pleaded not guilty to one charge of committing an indecent act and one charge of making an observation in breach of privacy.
It is alleged on May 10, 2010, an 18-year-old Hinkler Central fast food worker took a break from work to go to the bathroom.
He says after he was in the cubicle for about eight minutes, he heard a scuffling noise and saw a shadow.
Yesterday in Bundaberg District Court the teen, who is now 19, said he looked up and saw a man masturbating over the top of the cubicle with his erect penis in full view.
“I quite rightly said ‘F**k off, mate’ because I was pretty upset and angry,” he said.
The teen said he heard a belt buckle being done up and said he hit the wall dividing the two cubicles telling the man to get out.
“Then I heard the door squeak and heard him leave,” he told the court.
“Then I just sat there for 10 minutes because I didn’t know what to do.”
It is alleged the man was standing on a ledge above the toilet when he was spotted touching himself by the teen.
But the defence put it to the teen that it had in fact been him masturbating in his own cubicle when the man looked over.
“That’s not true,” the teen said.
The court heard the teenager went back to work and worked for a few minutes before telling his boss what had happened, bursting into tears.
His mother, security and police were called and his father drove from the Sunshine Coast to Bundaberg.
“I spoke to dad and told him I was in the toilet and a man was looking at me,” he said.
The following day, the teen and his father went to the shopping centre to view CCTV footage from outside the bathroom.
After they had watched it, they spotted the man in the centre again and alerted security who took up with him.
Video footage was played to the court which showed the teen enter the bathroom and Appo entering afterward.
Appo entered and exited the bathroom twice and both times, appeared to be looking behind him as he walked.
In his recollection, the teen said he remembered hearing the squeak of a door when people came and went from the bathroom.
But video footage taken some time after the event showed there was no door at the entrance to the bathrooms.
“There was a door ... I remember there being a door,” he said.
A seven-man, five-woman jury was chosen to decide if Appo is guilty.
Ten potential jurors were challenged in the selection process with three others needing to be excused due to links to the alleged victim, defendant and a witness.
The trial before Judge Leanne Clare continues today with several more witnesses to be called including police investigators and the teen’s former boss.
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