A Wollongong man who launched a foul-mouthed tirade at a jogger after being photographed while sunbathing naked near dozens of teenagers has walked away from court without a conviction.
Nude sunbather confronted at popular beach
Elvan Gunes, 62, pleaded guilty to wilful and obscene exposure in Wollongong Local Court on January 13, 2026. The court heard the incident unfolded at Fairy Meadow beach around 1pm on September 8 last year.
Gunes was lying nude on a towel when a man jogging past spotted him. The jogger had just passed a group of approximately 60 students, aged between 13 and 15, who were on a school excursion only 250 metres away.
After taking a brief swim, the witness returned to find Gunes still completely exposed. The jogger then began taking photos and video on his phone as evidence, which prompted an aggressive reaction from the nude sunbather.
Abusive outburst caught on camera
Court documents detailed the explicit verbal abuse Gunes directed at the jogger. "Oh f--- you, leave me alone you fat c---," Gunes was alleged to have yelled.
He continued the barrage, shouting, "You're the one that's harassing me you f---ing f----t c---." Gunes then left the scene, abandoning a mountain bike. He later admitted to police that he was the man depicted in the photographic evidence.
'That was his spot' for relaxation, court told
Representing Gunes, solicitor Ashley Bird told the court her client occasionally visited secluded areas for relaxation and noted that "that was his spot."
"He accepts now that he didn't realise the gravity of what he was doing. He now wears his speedos," Ms Bird submitted to the court.
Magistrate Geraldine Beattie emphasised the seriousness of the offence, particularly given the proximity of the large group of school students. "You're a mature man. This behaviour can't continue, it carries six months in jail," Magistrate Beattie warned.
She noted the clear potential for exposure to minors created an aggravating factor in the case.
Conditional release order granted
Taking into account Gunes' clean prior criminal record and his early guilty plea, Magistrate Beattie decided not to record a conviction. She instead granted him a six-month conditional release order.
This order requires Gunes to be of good behaviour for the specified period. A breach of this order could see him re-sentenced for the original offence.
The legal landscape of nude bathing in NSW
The case highlights the specific laws governing public nudity in New South Wales. Under state law, it is an offence to intentionally and obscenely expose one's genitalia in or within view of a public place or school.
Legal experts from the Criminal Lawyers Group note that while exposure of genitalia is generally considered obscene, the exposure of buttocks or female breasts is less clear-cut and depends heavily on the circumstances.
Nude bathing is legally permitted at designated locations in NSW. One such location is Werrong Beach in the Royal National Park, approximately 40 kilometres north of Wollongong.
The case serves as a reminder to the public about the boundaries of acceptable behaviour in shared community spaces, especially those frequented by families and young people.
