By John McKechnie AO, KC
In 1973 Peter Schaffer’s play Equus, a psychological exploration of the mind of a 17 year old stable boy who had blinded six horses, first performed in London to great acclaim. At a crucial point in the play, the stable boy strips naked and remains so for nearly ten minutes. The musical Hair had broken boundaries but nudity on stage was still unusual.
By 1975 the shackles of censorship, long a feature of Australian culture, were being loosened. Don Chipp, then Liberal Minister for Customs had started the trend, although there were still obscenity prosecutions at State level. Penguin’s decision to publish Portnoy’s Complaint in defiance of a ban shook the foundations of censorship.
When Equus toured in 1975 with eminent British actor Richard Todd in the role of psychiatrist, Australia seemed to have come of age.
Until Geraldton.
After a successful season at the now demolished Playhouse theatre in Perth, Equus toured the State. Performances were booked in the Geraldton town hall. Two plain clothes police officers were ready. They attended soon after the play had commenced, specifically to see if a breach of the peace would occur. Their sensibilities were about to be tested.
At about 10.30p.m. they observed the following events take place. The stable boy and a woman undressed on the stage and then she lay on her back on the floor and he partly lay on top of her with one leg between her legs.
While in this position they did not move. Subsequently they both rose to their feet. The girl shortly after dressed herself and went off-stage. The respondent went to a part of the stage near the front and sat on a chair facing the audience. The stage was brightly lit and his penis was clearly visible to the police officers who were seated at the back of the hall.
He then went to the front of the stage and to his knees. During this part of the performance the lights gradually dimmed but even so his penis was still clearly visible to the police officers. Then followed a routine which the respondent and other actors who were dressed to simulate horses, jumped around the stage. Later the respondent lay on the floor and was covered bya blanket. The entire scene from when the respondent first removed his clothing until when he was covered with the blanket took about seven to eightminutes during which period he was completely naked.
It appears that one of the officers enjoyed the play and found it meaningful. The only evidence presented to the Court in relation to whether the scene might be considered obscene by ordinary standards was the same officer who said: “I was surprised by the nude scene. I found this nude scene offensive to myself.” Police officers are not renowned for being overly sensitive. The Judge evidently thought as much as he noted that the officer clearly sought out and subjected himself to the alleged offending exposure.
When the play ended, the stable boy was arrested and charged with wilfully and obscenely exposing his person. The female actor was fine: women lack a person. The stable boy spent several hours in a cell before being granted bail.
It was accepted that Equus was a serious work of art and that the nude scene was a bona fide portion of the plot.
But was it obscene? The magistrate thought not and dismissed the charge.
The police appealed to Justice Brinsden in the Supreme Court. The judge analysed many cases, commencing in 1663 when Sir Charles Sedley, a playwright and libertine was fined 2000 marks for indecent acts on the balcony of Oxford Kate’s Tavern near Covent Garden. One of those acts was dipping his penis in a glass of wine then toasting the king.
Finally the judge concluded there was nothing in the evidence to suggest that exposure transgressed contemporary standards of propriety and dismissed the police appeal.
These days nudity on stage, still uncommon, does not raise a hackle.
The stable boy – Robert van Mackelenberg – has enjoyed a long distinguished career in film, television and on stage.
Sir Peter Shaffer, an extraordinary playwright, died in 2016 at the age of 90.
Daniel Radcliffe broke free from the spell of Harry Potter by playing the stable boy in 2008.
Equus is still performed regularly.
Adapted from Cullen v van Mackelenberg (9 August 1976) WA Sup Ct Lib 1806
