A Victorian police officer who lost his job after being accused of deliberately exposing himself to a beauty therapist has had a finding that his dismissal was harsh and unfair upheld.
The officer, an unnamed senior constable, was sacked by Victoria Police in February 2019, after a waxer came forward and accused him of deliberately exposing his erect penis during a bikini wax in 2017.
An internal investigation found the officer was guilty of "disgraceful conduct", justifying his dismissal.
But the officer appealed to the Police Registration and Services Board, which rejected the findings of the independent inquiry.
The beautify therapist claimed the officer had removed his underwear against her request and said during the March 2017 wax he completely removed a privacy towel, exposing himself and asking her to wax further.
She complained to a manager the following day and the matter was reported to police, but she did not make formal statements until September and October.
The officer said he had removed his underwear, but told the inquiry he had not been asked not to, and that throughout the wax he had "held my bits through the towel".
"I never had an erection, I never exposed myself. The towel was on me the whole time," he said.
The board found Victoria Police's dismissal of the officer had been "harsh, unjust and unreasonable" because the independent inquiry had not proven he was guilty to the required standard.
There was a failure to establish that the officer had intentionally exposed his penis to the day spa therapist, as opposed to an inadvertent exposure.
Victoria Police challenged the finding and tried to have it quashed in the Supreme Court. That case was rejected by a single judge and again by three Court of Appeal judges on Thursday.
Australian Associated Press