Oh bummer, convicted nudist loses appeal

[NudieDaniel]

Kathy Sundstrom | 11th Feb 2016 4:08 PM Updated: 12th Feb 2016 6:10 AM

 NUDISTS have been dealt a bitter blow with an appeal judge upholding a wilful exposure conviction at the Sunshine Coast's unofficial "clothing optional beach" Alexandria Bay.

The decision by Judge DCJ Jones in the Maroochydore District Court means police have fresh case law to back them when charging people nude sunbathing at the popular Noosa spot. 

A petition calling on Premier Annastacia Palaszczuk to make A-Bay Queensland's first official nude beach has also reached a dead end. 

Free Beaches Australia's Mark Hayter said the Premier had advised she was "too busy" to consider the matter. 

But he said nudists were continuing to use the beach despite the court decision and next month's "nude carnival" at A-Bay was going ahead.   

David Charles Winston appealed the Maroochydore Magistrates Court's Jun 17 decision to find him guilty of one charge of wilful exposure after he went for a nude swim at A-Bay on January 11 last year.

The evidence showed Mr Winston was visiting Noosa and had enquired where he could swim and sunbathe naked from the information centre. 

He was told A-Bay had been known as a nudist beach for some 30 years. 

The court record showed there were about 20 people on the day he visited, 15 who were undressed. 

He was caught by a police officer while he was in the shallows and charged. 

Mr Winston argued the court made an "error at law" with his conviction and used the well-known Coolum case of McAlister versus Wenzel for some of the legal argument. 

This landmark ruling by Senior Judge Trafford- Walker in May 2008 cleared nudist Ken Wenzel of a wilful exposure charge at Coolum's Third Bay on appeal. 

But Judge Jones' decision, delivered in December, effectively overshadows this. 

Judge Jones also questioned Judge Trafford-Walker's use of rhetorical questions in the Wenzel case concerning the definition of willful exposure. 

He said to prove an offence there had to be exposure of genitals, it must have been wilful, in a public place and no reasonable excuse existed for it. 

On viewing the evidence, he argued this was the case and dismissed the appeal. 

Noosa police head Senior Sergeant Steve McReight said the judgment "made a clear line now". 

"Someone can be caught wilfuly exposing themselves regardless of the date, time and place," he said. 

However, charging people at A-Bay wasn't going to be top priority. 

"All our policing is priority policy," he said. 

"If we get complaint, we will investigate and a judgment will be made on the evidence." 

He said next month's nude carnival would provide an "interesting challenge". 

"My job is to look after the law as it is. Now the court has given us a practical interpretation we can work with."   

http://www.sunshinecoastdaily.com.au/news/oh-bummer-nude-conviction-bay-upheld/2928859/

[Danee]

[Ad1210]

Cant understand queensland. Most prudish of the states for some reason

[Leah]

There are a couple of issues here and hope is far from lost.

The law is for willful exposure and exists to stop flashing incidents outside schools, shopping centres, etc and on that basis this is a "good" law.  This law is not the problem - the issue arises that the Local Government, Noosa Council, have the ability to declare A-Bay a clothing optional beach but for reasons that have never been fully explained they don't want to.

That said the beach continues to be used as a clothing optional beach and unfortunately has a few lurkers/wankers who do give cause for the Police to be called and in light of nothing else the Police will arrive and scout the nudists.

The key to this is the Police advising that they only respond to priorities and have no real interest in going through this charade.

So if you are really interested open this URL http://www.noosa.qld.gov.au/mayor-councillors and write to the Councillors for a Plan of Management to be established to allow clothing optional activities on the beach at Alexandria Bay.

Tell them how much you have enjoyed the nature of the beach the companionship of like minded people and how you were surprised by the number young locals, Queenslanders and visitors using the beach and of  the hope that they can see their way to making a valuable contribution to drawing more travellers to the area.

[cc71]

Sounds like something that would have occurred during the Bjelke-Petersen era