Ontario’s top court isn’t buying an argument that a man’s exposed penis was, perhaps, just a wooden key chain.
Roger Potvin was convicted for committing an indecent act in a public place after a judge found he exposed himself in Ottawa to a woman who came to his car to offer him directions in July 2006.
At trial, the judge dismissed a defence argument that the woman may have, in the dark, mistaken the key chain for Potvin’s penis — which the woman inadvertently poked when Potvin removed a map from his lap.
Yesterday, the Ontario Court of Appeal upheld the conviction for which Potvin was handed a nine-month jail term and three years’ probation in 2007.
The wooden key chain hypothesis, the Appeal Court found, was “entirely speculative and unsupported by any evidence.”