Kye Brett Barber pleaded guilty to indecently filming woman in Port Lincoln
A creep caught secretly filming a woman in the shower has pleaded for mercy, saying he has a young family and is worried about his career.
Port Lincoln
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An indecent filmer had a bizarre lie to tell police after he was caught committing a perverted act in a “gross invasion of privacy”.
Kye Brett Barber, 25, was due to be sentenced in the Adelaide Magistrates Court on Thursday, but magistrate Lynette Duncan said she wanted further material before she made her decision.
“Your client told police that he intended to make the recording of (the victim) in the shower for his partner, which he said was normal in their relationship,” she said.
“And that’s why he asked to go to the toilet before (the victim) showered … so he could set it up.”
Rino Zollo, for Barber, told the court that statement wasn’t the truth.
“He was trying to justify what it was he’d done in some sort of weird way,” he said.
“It certainly wasn’t the case that they were voyeurs or anything like that.”
The court heard Barber had trialled setting the phone to record the shower earlier that day.
Ms Duncan said that was contrary to the information Barber told a psychologist, in which he said it was spur-of-the-moment offending.
The court heard Barber’s offending in January last year stemmed from a gambling relapse and deteriorated mental health, which resulted in a strain in his relationships.
Barber, of Port Lincoln, pleaded guilty to indecent filming.
A prosecutor told the court last month the impact on the victim was significant.
“She has expressed the effect it’s had on her trust, the effect on her work, the effect on her relationship and unconfidence that she feels when she’s in public places,” the prosecutor said.
“It’s good fortune on this occasion that the victim was able to find the phone and for any footage recorded on that phone to therefore be retrieved.
“The potential for that footage to be out there and irretrievable was significant.”
Mr Zollo told the court last month there was no suggestion the images were to be dispersed but accepted it would have been a horrible event for the victim.
Mr Zollo asked the court to not record a conviction against Barber, as he had a young family and was trying to progress his career.
Ms Duncan previously said it was a very difficult balancing art.
“While I accept what you say that your client made a stupid decision, from the victim’s perspective she wasn’t given any decision at all,” she said.
“It’s a significant breach of trust – a gross invasion of privacy.”
Ms Duncan will sentence Barber in August.