Police laid a charge of creating a public nuisance against MacIntosh after neighbours snapped a photograph of him allegedlyin the act.
The residents of an apartment block in the southeastern Brisbane suburb of Greenslopes say someone has been defecating on their path by night for the last year.
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An unidentified man had been running past the block three times a week and allegedly ducking up a privately owned path "like clockwork" in the early morning and pausing to poo on it.
The neighbours claimed the path had been defiled about 30 times in the past 12 months.
Residents banded together and set up a night vision camera, and just last week they hit paydirt.
"One of the neighbours set up a night camera and got a few images and so we had a time he was doing it, so then I decided to go and wait with a camera in the and I was there a few mornings and then last Friday I got him," neighbour Steve, who took the photo, told news.com.au. "There's a red light which goes on before the camera's flash goes off and he saw that and looked at me as the photograph was taken.
"Then he just said, 'Hello'. At that point I decided to just walk away."
The photograph shows a grey-haired man with his pants down.
Holding a piece of toilet paper, he is pictured squatting over a concrete path by a brick wall and looking in the direction of the camera.
Steve has since discovered that MacIntosh is married and lives in a well-kept house with a manicured garden not far from the apartment block.
The case was mentioned this week in Holland Park Magistrates Court, but the case was adjourned. The court file said it was "likely to be withdrawn".
