Sun****ne Coast Daily
4:02p.m. 8 November 2007
| By Rae Wilson
Maleny ****ist Kenneth Wenzel could have just paid the $75 fine for
wilful exposure.
But the 77-year-old artist, who has used the unofficial **** 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 **** sunbathers
after receiving complaints.
Const McAlister said that he was aware of there had been "other types
of ***ual offences in these places" and was patrolling for "****ism and
homo***ual behaviour".
He said he saw two ****d 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 ****d 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 ****d because he had a
reasonable excuse.
He said police had ignored **** bathers at Third Bay and Alexandria
Bay, near Noosa, for more than 25 years and both sites were listed in
the ****ist magazine Bare Facts as "unofficial" **** beaches.
Prosecution and defence have been asked to make written submissions.
The case was adjourned until early next year.
http://www.thedaily.com.au/news/2007/nov/08/sun****ne-coast-****ist-takes-battle-court/
|
