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Indecency charges dropped against Aussie surfer

The Canadian Press Published Friday, March 11, 2011 6:52AM EST

In this image released by the Association of Surfing Professionals, Mitch Coleborn, of Australia, cuts back on a wave during Round 6 of the SriLankan Airlines Pro surfing tournament Thursday, June 12, 2008 at Pasta Point, Maldives. (AP Photo/ASP, Steve Robertson, Covered Images)

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TOFINO, B.C. - An indecency charge has been dropped against a world-class Australian surfer who was accused of exposing himself following a competition in Tofino, B.C.

Mitch Coleborn was in the Vancouver Island town last October for the O'Neill Cold Water Classic when police picked him up after receiving several complaints.

Coleborn was to have appeared in court this week, but Tofino RCMP Sgt. Jeff Preston said the case won't proceed against the 24-year-old.

Preston, who was involved in the man's arrest at the time, said "alcohol was certainly a factor" in the incident.

"I received several complaints of a male who was exposing himself to people as they walked by," he said.

Neil MacKenzie, with the B.C. Crown prosecutor's office, confirmed the Crown directed a stay of proceedings against the man.

"Due to the level of intoxication, we wouldn't be able to prove that the act that was alleged was a wilful act," he said.

MacKenzie said that and more information from Coleborn's lawyer led to the conclusion the Crown wouldn't be able to establish the necessary level of criminal intent.