A 27-year-old man who was caught urinating on the Clock Tower roundabout was fined $1100 for the incident, which was deemed to be committing an offensive act on a war memorial.
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Xavier Peter Duffy of Maraar Place, Giralang, ACT, pleaded guilty to the matter in Mudgee Local Court on Wednesday.
At 2.30am on Saturday, April 28, 2018, police were patrolling the Mudgee CBD monitoring licenced premises as they closed. Officers saw Duffy standing on the roundabout at the intersection of Church and Market Streets.
When they stopped and spoke to him they noticed urine running from the roundabout onto the street. He said to them, “I have no excuse for my actions officers, I’m sorry”.
Police noted that Anzac Day was just days prior to the incident and that there was still a wreath present at the site.
Duffy’s solicitor, Tom Flynn, told the court, “at the outset it’s conceded that this is perceived to be a fairly horrendous offence”. However, he went on to say “it wasn’t apparent to him at the time that the Clock Tower is a memorial” and “it wasn’t a conscious act of disrespect”.
Magistrate David Day questioned the logic of Duffy choosing the location, even before taking into account its significance. “Let’s take the memorial out of the equation for a moment, he’s in the middle of the road albeit at a quiet time,” he said.
Mr Flynn said that his client’s lack of awareness of the tower’s status meant that, “ironically”, Duffy thought urinating in one of the adjacent Church yards would’ve been disrespectful.
He also submitted, “it’s apparent that Mr Duffy had consumed quite a bit of alcohol” and that the defendant did have relatives that had served for Australia.
In sentencing, Magistrate Day said that although jail time isn’t available for the offence “it’s not trivial” and in this case “there are no extenuating circumstances”.
The tower was erected in memory of those who served in World War II. And on the side Duffy was facing there are a number plaques - including those containing names of service personnel – and ‘Lest We Forget’.
He was charged with 'Commit offensive etc act in, on war memorial/interment site', categorised as offensive behaviour under the Summary Offences Act 1988.
According to NSW legislation, “a person must not commit any nuisance or any offensive or indecent act in, on or in connection with any war memorial or interment site”.
