Gimp mask, dog collar, among evidence

A GIMP mask and a studded dog collar are among some of the odd police exhibits being looked over by a District Court Judge.

Judge Fleur Kingham must decide a police appeal over a trespass case that was dismissed by a Gladstone magistrate.

The bizarre case involves accused intruder Anthony John Weston who police arrested in the grounds of the Orica explosives factory in north Gladstone at Yarwun.

Weston, 44, was caught wearing a gimp mask, full wetsuit and a dog collar.

Magistrate Penelope Hay on November 27 last year dismissed the police case against Weston - partly on the grounds officers failed to ask Weston as to why he was in the factory, in breach of safeguard provisions that police must ask intruders why they are there.

Weston was charged at the scene with trespass and unlawfully entering premises.

The appeal was lodged with the District Court by Sergeant Mick Newell.

Evidence before the lower court and now before Judge Kingham includes CCTV footage from Orica that appears to show Weston climbing over the fence at 10.30pm while wearing a wetsuit, motorcycle armour, black leather gimp mask, hiking boots and a studded dog collar.

Sgt Newell had described it as a high risk situation.

Police evidence states Weston repeatedly refused to give police his name.

Weston did not appear at the District Court.

Shauna Rankine for the Crown said Weston had received documentation about the Appeal.

Documents tendered included reports from police and an Orica security officer and CCTV footage of a masked intruder climbing the fence.

An issue is whether the magistrate had been entitled to find it was reasonable protocol that Weston should have been asked by police to explain why he was there.

Judge Hay will likely hand down her decision on Friday.

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