The trial of a man accused of masturbating in a public place continued in Magistrates' Court yesterday.

P.c. Steven Cox told the court that on July 3, 1992, he and fellow officer, P.c. Adam Payne, were called to the railway trail behind Spicelands Riding Centre in Warwick, where they saw a man sitting on an embankment. As they approached the man it appeared he was masturbating with his right hand.

P.c. Cox testified that the man raised his left leg as the officers approached.

Constable Cox said the move appeared to be an attempt to cover the view of his "erect penis'' sticking out of the leg of his shorts. The two officers arrested the man and took him to Somerset Police Station.

The defendant testified that he was not committing an indecent act nor was he intentionally exposing himself.

He explained that he was wearing a pair of cut-off shorts and no underwear.

While standing up to come down the embankment the hem of his shorts had "tripped up'', accidently exposing himself.

Defence lawyer, Mr. Timothy Marshall, told the court it would make no sense to masturbate in plain view of the road. He said his client never committed an indecent act.

Senior Magistrate, the Wor. Will Francis, adjourned the case until tomorrow when he will pass judgment.

Under reporting restrictions which came into effect on June 1, 1993, it would be illegal for The Royal Gazette to print the defendant's name.