An Auckland professional found guilty of exposing himself two times to the same female jogger has asked a court to overturn his conviction.
The man, who's job or identity can't be made public, was last year sentenced to 120 hours of community service and ordered to pay $1000 in reparation to his victim after being found guilty of two charges of committing an indecent act in 2013.
He denies the charges, but according to the court had hidden in a bush in the Mount Eden Domain before jumping out and exposing himself to a jogger while "grinning".
Several months later he did the same thing again and, by coincidence, flashed the same woman for a second time.
She later described him with a "predatory" look on his face.
On Tuesday, his lawyer, Ron Mansfield QC, asked for the charges to be dropped without retrial, saying the victim's identification of the man from photo boards - a key piece of evidence - was unreliable as she had failed to pick the convicted man out after the first incident.
"There is grave room for error or miscarriages of justice if the identification is wrong," he said.
Mr Mansfield told Justice Raynor Asher two experts had testified about the evidence, but were ignored by the trial's judge.
The convicted man also had alibis for the time of the offending that made it implausible he was the offender, Mr Mansfield said.
He had earlier been granted a diversion after admitting to a similar crime the same year.
The hearing continues.