A vandal who graffitiied pylons of an overpass initially denied having anything to do with the crime - even though he was caught at the scene with paint spatter on his hands.
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Ari Agung Forrester was convicted and fined $1900 at Wollongong Local Court on Tuesday over the incident that unfolded on Friday, April 5.
About 12.30pm that day, police received a radio job about youths graffitiing in the rail corridor running under Springhill Road, bordering Coniston and Port Kembla.
Officers from Police Transport Command and the dog unit attended and got permission to enter the rail corridor, while all trains in the area were stopped.
As police entered the rail corridor from both sides, they allegedly saw a man accused of being Forrester's co-offender, Noah Jones, standing by a pylon with a can of spray-paint in his hand.
Police alleged he appeared to be graffitiing the pylon, while Forrester and another alleged co-offender, Tynan Cropp, stood about 15 metres away.
Officers arrested the three men at the scene.
Forrester did not admit to doing any graffiti and told police he was only drinking.
He also denied knowing the men accused of being his co-offenders.
But police observed black and orange paint spatters on his hands.
At the scene officers found three bags, each containing numerous cans of spray-paint and nozzles, and one also holding beers.
There were also cans of paint lying next to the pylons.
The pylons bore words about two metres tall: 'BURG', 'NOZIE', 'YEAR', 'BURGER' and other indecipherable words.
Despite his initial denials, the 28-year-old Forrester pleaded guilty at Wollongong Local Court to charges of going onto or remaining on running lines, intentionally marking premises without consent, and possessing graffiti implements with intent to mark premises.
Defence lawyer Stewart Holt told the court that his client acknowledged he had "made stupid mistakes" and knew intoxication was no excuse.
Mr Holt said Forrester, a father of three, recently separated from his long-term partner and had been diagnosed with depression and anxiety as a teen.
He found some relief in art, Mr Holt said, but acknowledged his behaviour in this instance was not an "appropriate vehicle for self-expression".
Magistrate Michael Love chided Forrester for his conduct.
"This is teenage behaviour. You're 28, you're too old for this," Mr Love said.
He convicted Forrester and fined him $500 for going onto the train lines, $400 for doing the graffiti, and $1000 for possession of the graffiti implements.
Jones and Cropp also appeared at Wollongong Local Court on Tuesday and will return at a later date.
Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
