A Perth clown who "pressed her underwear-clad posterior" against a window during an Extinction Rebellion protest has had her conviction and fine for disorderly behaviour overturned by the WA Supreme Court.
Lynda Moylan was attending the protest at an office tower in the CBD in October 2020, when two police officers watched her as she "lifted the back of her skirt and petticoats and, for a few seconds, pressed her underwear-clad posterior against the foyer window" in what was described as a "shimmying motion", the magistrate said.
After pulling her skirt back down, Ms Moylan then gazed into the foyer, pumped her fist into the air and bowed to a security officer.
The officers considered her actions to be offensive and charged her with disorderly behaviour.
Ms Moylan was later found guilty of the offence by a magistrate and fined $200, with the police officers testifying at the hearing that they had seen "some flesh".
Ms Moylan appealed against the conviction and sentence, and in a decision published on Wednesday, Justice Robert Mitchell ruled both should be quashed.
Clown 'just trying to amuse audience'
Justice Mitchell said while there was "no contest" the forecourt and the foyer of the building were public places, a reasonable person would not have found Ms Moylan's behaviour to be offensive.
Justice Mitchell said it could not be found that Ms Moylan, who maintained she was wearing polka-dotted pantaloons, was immodestly dressed or that she had exposed herself to the public.
He also said her behaviour was "obviously part of a comic performance designed to amuse an audience".
"In my view, a reasonable person observing the appellant would have perceived a costumed performer clowning about in a harmless manner as part of her performance.
"The appellant is a performer and was trying to bring an air of positivity to the people.
"She was trying to please the protesters inside the building and was also trying to draw attention to herself in a provocative manner.
"In my view, the appellant's clownish behaviour was not offensive and did not interfere with, or prevent the use and enjoyment of a public place in any way meriting criminal punishment."
Justice Mitchell ruled Ms Moylan should be acquitted.
Children upset at clown arrest
Outside the court, Ms Moylan said it had been a "massive relief" to have her conviction thrown out.
She said she was one of about 80 people who had attended the event at the QV1 building, to protest at the actions of fossil fuel companies such as Chevron, whose offices were in the tower block.
"There were a lot of people there with children, and I was just trying to make the vibe a little bit happier and more fun amidst the doom and gloom of an environmental crisis," she said.
However, she said the atmosphere darkened when police arrested her, with protesters chanting "free the clown" and children becoming upset and crying.
Ms Moylan said her actions had been vindicated by the judgement.
"It's a massive relief and a great day for clowns who are activists trying to use their skills without being treated as criminals," she said.
