Benjamin Brian James Walters, 28, leaves Hervey Bay Magistrates Court.
Benjamin Brian James Walters, 28, leaves Hervey Bay Magistrates Court. Annie Perets

Masturbating on train a 'stupid thing to do'

A FATHER-OF-TWO, who publicly pleasured himself on a tilt train, has fronted court.

Benjamin Brian James Walters was looking at a female passenger when he pulled out his genitals and started masturbating.

The act was captured on a phone camera and the details described in Hervey Bay Magistrates Court on Thursday where the 28-year-old's partner sat in the gallery for support.

Police prosecutor Kathryn Stagoll said Walters boarded the train at Rockhampton and began to scratch his genitals when the train reached Bundaberg.

"The witness looked back over and at him a short time later and the defendant's penis was fully exposed, and he was masturbating while looking at the witness," Sgt Stagoll said.

"The witness asked to take a photo of the defendant during the act and she notified Queensland Rail staff and moved to another seat.

"She claimed this behaviour occurred for approximately 10-15 minutes between Bundaberg and Howard."

After Walters got off the train at Howard, the witness contacted Maryborough Police and provided a copy of the photograph.

Defence lawyer Michael Riedel said Walters thought the witness was attractive and when she asked if she could photograph him, he took it as a sign of encouragement.

Mr Riedel said when Walters was contacted by police via phone, he volunteered to attend Hervey Bay Police Station and was charged with an indecent act.

"He said he wasn't thinking properly on the train trip down," Mr Riedel said.

"He feels disgusted with himself and said it was a stupid thing to do, it was wrong."

Walters was convicted and sentenced to 18 months' probation.