away on a "frolic of their own,'' the Supreme Court heard yesterday.

There was no evidence organisers David Frost and George Cann knew just how steamy the Father's Day show would get, it was claimed.

The girls had even been forewarned to perform acceptably, defence lawyer Mr.

Saul Froomkin told the appeal hearing.

But Crown Counsel Mr. Stephen Harrison later attempted to shoot down the argument.

He said one lewd act at the show involved a lollipop, according to a witness.

This could explain the group's name.

Frost and Cann are appealing their conviction and sentence for knowingly exhibiting an indecent public performance at the Prisons Officers Recreation Club.

In February, magistrate the Wor. John Judge fined Frost $500 and his colleague $400.

The pair, both prison officers for more than 15 years, had denied the charge.

Mr. Froomkin punctuated his submission yesterday with attacks on Mr. Judge's ruling.

He accused Mr. Judge of making factual errors, taking testimony out of context, and failing to give his clients any benefit of the doubt.

He said there had been no proof the show by the American performers had occurred in a public place.

Evidence indicated the performance was supposed to take place between 10 p.m.

and midnight, he added.

It was restricted to males only with tickets. Windows were covered, and bushes had been placed around the stage.

Ladies were only meant to be admitted after midnight, said Mr. Froomkin.

Mr. Froomkin claimed it could not be proven Frost or Cann were even on the premises when indecent acts took place.

He went on to refer to a welter of previous cases to support his arguments.

The cases showed his clients should only be convicted if they had had subjective knowledge of what was going to occur.

But it was clear Frost and Cann took steps to ensure the show would mirror a similar, uncontroversial one they organised on Mother's Day.

"Because during the latter part of the show the girls got carried away on a frolic of their own, that cannot impute knowledge on part of the accused,'' said Mr. Froomkin.

Mr. Mark Pettingill, prosecuting with Mr. Harrison, focussed his submission on the definition of a public place.

He said the invitation to the show had been extended to a very large number of people.

"It was not restricted from being a public place by the restricted class of people admitted,'' he said.

Mr. Pettingill also pointed out an occasional liquor licence had been acquired for the show.

This permitted alcohol to be sold to the public between 9 a.m. and 2 a.m.

Mr. Harrison said Frost and Cann had been sent promotional photographs and a tape outlining some stage acts.

Mr. Harrison said Frost also admitted he was personally involved in security for the show, and had taken on duties as master of ceremonies.