Thomas Lewyn Small, of Stace Pl in Gordon in the ACT, did not appear in Bega Local Court on Tuesday, October 9, and Magistrate Philip Stewart adjourned the matter to Queanbeyan Local Court on October 29.

While Small has been charged with wilful and obscene exposure in a public place, police prosecutor Mark Chaplin told the court “more serious charges” could have been brought against him. 

Police allege Small exposed himself to the young victim in the Bega McDonald’s as she handed him his takeaway food order at 4.30pm on July 2 this year.

Court documents allege Small kept eye contact with the victim, who said she was in “disbelief”, while committing the act, and slowly turned his head back “with a big smirk on his face” as he slowly drove away.

The victim told her supervisor, who then told police the alleged incident was captured on CCTV through the drive-through window.

At 1.10pm on July 27, Small attended Queanbeyan Police Station after his car number plate was matched to the CCTV footage. 

Police claim during an interview Small stated to police he was the driver of the car at the time of the alleged offence, admitted holding his penis in his left hand, was “apologetic”, and said he “deeply regrets what he did and wished it didn’t happen”.

He said when he found out police wanted to speak to him, he “cried all night and on his way to the police station”, and described his behaviour as “very juvenile and dumb”.

Police claim Small was again contacted by NSW Police on August 7 and allegedly refused to be interviewed.