lSex act near primary schoo

A MAN who committed a sexual act across the road from a state school was ordered to undergo psychiatric treatment in Rockhampton yesterday.

Damien James Clark, 21, was charged with performing an indecent act in a public place in December 2003 after teachers at the school alerted police.

He pleaded guilty in Rockhampton District Court yesterday despite originally claiming he had only been urinating.

Crown Prosecutor Tom Loudon said a teacher at the Hall State School in Wandal saw Clark masturbating on the front steps of his parents house across the road from the school.

"He had his pants down to his knees and was masturbating quite openly,'' he said.

The teacher was supervising children in the playground at the time and made efforts to ensure the children didn't see what Clark was doing.

Mr Loudon said Clark moved behind a screen door and back again, continuing to perform the act.

The school then contacted police who arrived soon after to interview Clark.

Judge Julie Ryrie issued Clark with a 12 month probation order and consent to psychiatric treatment. She said Clark needed to understand his act was not acceptable.

"It's a very concerning act particularly because it was performing in proximity of a primary school,'' she said.

But she did not record a conviction because of Clark's age and clean criminal record.

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