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10:27AM Friday 08 August, 2008 Sunshine Coast weather Sunny min 7° - max 21°

Sunshine Coast nudist takes battle to court

4:02p.m. 8th November 2007

| By Rae Wilson

Maleny nudist Kenneth Wenzel could have just paid the $75 fine for wilful exposure.

But the 77-year-old artist, who has used the unofficial nude beach at Third Bay at Coolum for 30-odd years, has instead spent thousands of dollars in legal fees to fight the charge.

A magistrate found Mr Wenzel guilty of wilfully exposing himself and fined him $75 after a summary trial in Maroochydore Magistrates Court last year.

Mr Wenzel, who believed he had a reasonable excuse for being on the beach without clothes, appealed the decision in the Brisbane District Court, .

The district court judge threw out the conviction and ordered the matter be heard again in the magistrates court.

Today Coolum police constables Chad McAlister and Chenar Paterson told the court they were on plain-clothes patrol targeting nude sunbathers after receiving complaints.

Const McAlister said that he was aware of there had been “other types of sexual offences in these places” and was patrolling for “nudism and homosexual behaviour”.

He said he saw two naked men about 80 metres away when they reached the beach about 11.50am on July 27, 2005.

“It’s offensive. I wouldn’t consider it normal behaviour,” he said.

During cross-examination, Const McAlister admitted Mr Wenzel’s multi-coloured painted toe nails added to the his “offensiveness”.

Const Paterson said when they were within 30 metres, he saw Mr Wenzel move behind a small bush and cover himself with a small towel.

“I don’t like seeing naked male people in public. I won’t go as far as to say disgust, but dislike,” he said.

Mr Wenzel has previously told the court he believed there had been a change in legislation allowing him to sunbake naked because he had a reasonable excuse.

He said police had ignored nude bathers at Third Bay and Alexandria Bay, near Noosa, for more than 25 years and both sites were listed in the nudist magazine Bare Facts as "unofficial" nude beaches.

Prosecution and defence have been asked to make written submissions. The case was adjourned until early next year.

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Sunshine Coast nudist takes battle to court

Nudist, Kenneth Wenzel, outside Maroochydore courthouse last November. A Maroochydore magistrate has dismissed charges brought against him of wilful exposure, challenging Queensland's "double standards" on nude sunbaking.

Recent Comments

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Posted by onthecanal from Mooloolaba
on 8 November, 2007 at 4:08 p.m. ( Suggest removal )
Go Kenneth!
Posted by vanga from caloundra
on 9 November, 2007 at 10:34 a.m. ( Suggest removal )
Time to grow up Sunshine Coast. Nudist beach wanted - how about on Bribie Island just off Bulcock beach? The nudist part could be out of view of the main beach and the water taxis would do an excellent trade shipping people across......
Posted by jessicahere
on 9 November, 2007 at 11:28 a.m. ( Suggest removal )
wow, interesting. That man is a member of nudistconnect.com. Come on. The friends on nudistconnect will support you
Posted by Catrossow from Battery Hill
on 9 November, 2007 at 11:48 a.m. ( Suggest removal )
It's public indecency! If people want a nudist beach, contact the correct people and work something out. I would hate to go on a romantic picnic with husband and see an old man with nothing on from the waist down - revolting!!
Posted by Pete_Knight
on 9 November, 2007 at 6:57 p.m. ( Suggest removal )
Get real Queensland, you are the only state/territory in Australia that doesn't have designated nudist beaches, how long are you going to be the ODD one out.

Think of the tourist dollars!!!!!
Posted by nudismguy from Huffman, TX
on 10 November, 2007 at 12:30 a.m. ( Suggest removal )
From another nudist with painted toes, go for it Kenneth - I admire your courage and persistence in standing up for your rights.
Posted by Dario_Western from Brisbane
on 10 November, 2007 at 2:38 p.m. ( Suggest removal )
I don't know why people and the police can't leave Kenneth Wenzel alone? He's harmless, if a bit eccentric. Nakedness is not indecent or obscene, it's the way humans are born for heaven's sake. Queensland really needs to grow up regarding it's attitude to nudity - we're losing a lot of tourist potential from Europe due to the lack of public facilities for nudists. Get with the times!
Posted by Jay_white from Gold Coast
on 11 November, 2007 at 4:10 p.m. ( Suggest removal )
If we were meant to be nude we would've been born that way. I applaud Mr Wenzel for having the courage to take a stance for what should be everyones right in the 21st century.

Nudists, and those happy to co-exist with them, make up a section of the community and so should have part of the community allocated to nudist recreation.

Nudist tourism and travel is one of the fastest growing tourism sectors in the world. Tourism is the lifeblood of many Queensland communities and we are missing out on these tourist dollars. Get with the times QLD.
Posted by Marty_H from Mooloolaba
on 11 November, 2007 at 7:08 p.m. ( Suggest removal )
I wonder what it is that happened that justified taking two and a half years in the courts and thousands of dollars of taxpayers' money. People aren't aware of how much secluded beach there is along Queensland's coastline, only a tiny portion of which could be set aside for these people who wish to engage in this pastime.
Posted by DrTyke from Pacific Paradise
on 28 November, 2007 at 6:52 a.m. ( Suggest removal )
If blokes like this want their own beach in the state they should be accommodated. We have got a heck of a lot of beach space here. Once they have got their own plot, they should stay on it, out of sight and well away from the decent people and kids.
Posted by bendigonudey from Bendigo
on 28 November, 2007 at 2:06 p.m. ( Suggest removal )
I think the folowing comment from one of the arresting officers is interesting:

"I don’t like seeing naked male people in public. I won’t go as far as to say disgust, but dislike,” he said.

Presumably if it was a naked female he would not have been offended! Seems like double standards and gross hypocrisy - I hope that the case is thrown out, and costs of several thousand dollars awarded against the police - seems like it needs the court's support to stop such capricious prosecutions!

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