Can you help Sydney WNBR get fully naked?
The following email I received today from one of the organisers of the Sydney WNBR ought to be fairly self explanatory. The New South Wales police have never so far allowed full nudity at a WNBR, but this year prior negotiation has failed to persuade them and it is being suggested to force the issue.
” Hi Duncan,
I continue to prepare for the case.
After NSW police processed my letter (and its attachments including your wonderful support letter from NAG, and them apparently getting legal advice from their general counsel), I then had a meeting with the Local Area Commander of Sydney (the head of Sydney police and the decision-maker on this matter of whether to make arrests or not), and although they like me as a guy – I present well and respectfully – they’re not budging on their position.
So I will allow myself to be arrested / charged at this year’s WNBR Sydney by being fully uncovered, and then aim to set NSW case law regarding – at the very least – the lawfulness of public nudity at least the context of WNBR. (and possibly even wider than that if we’re lucky.)
I’m almost certain this is a bad decision on their part, as I may ferociously apply to have all my court costs covered by them, when we win. We’ve given them so much evidence already.
I’m working with our usual lawyer guy, Andrew Tiedt, a partner of Armstrong Legal. But I’m also trying to save money (and make sure myself that it’s a good defence), by doing decent research myself, and working with the lawyer by feeding him information and directing the overall strategy myself. This means donating significant time on my part, which as a young working professional, means loss of income.
I just learned that “Decisions of superior overseas courts, particularly the superior courts of the United Kingdom, are persuasive precedents in Australia”.
This is not a ‘binding’ precedent (which is stronger), but as the word says, it’s ‘persuasive’, in our court (which is the local court level). It’s quite big.
Do you know of any decisions made by UK judges in a superior court – e.g. a district court or higher – where an instance of public nudity with NO other factor (such as sexuality and/or the cause of alarm) was ruled as NOT ‘obscene’, ‘offensive’, or ‘ indecent ‘, etc?
Amazing finding! If there’s a UK ruling precedent could put it at the top of our defence.
I am appealing to anyone on this forum to suggest UK cases which might meet these criteria. I know of lots of cases (which went both for and against our cause), but all were settled in the lower Courts. Of course Steve Gough’s case went very high in the judicial system on Human Rights grounds, but unfortunately the judgment went against him (and therefore our cause) so it may be best to keep quiet about that one! Any help will be very much appreciated as this case, when it happens, could be important for the future of naturist freedom in Australia (and for Glen!). To save time, if you have any useful information, please email it to me at: email@example.com