Kye Brett Barber sentenced for indecently filming colleague in Port Lincoln

A former support worker has been sentenced for secretly filming his colleague showering, after a $2m online gambling win led to his undoing.

Kye Barber pleaded guilty to indecent filming. Photo : Social Media

A former school captain secretly filmed his colleague showering in a “complete invasion of privacy”, leaving her feeling humiliated and disgusted.

Kye Brett Barber, 25, avoided a conviction in the Adelaide Magistrates Court on Tuesday after his life spiralled and he became addicted to cocaine and gambling.

During sentencing, the court heard Barber and the victim were both working as support workers, providing services to children and adults with disabilities.

Barber and the victim were working with clients in the pool area on January 11, 2022 before the victim said she was going to get changed.

Barber asked to use the toilet first and the victim then went in after and had a shower.

While drying herself off, the victim saw Barber’s phone facing towards her and the shower area.

“She picked up the phone and saw it was recording … she looked at the video which showed her naked and showering,” Magistrate Lynette Duncan said.

Kye Barber pleaded guilty to indecent filming.

Police attended and interviewed Barber who denied the offending.

“You said that you activated the recording on your phone as you were going to make a video for your partner which was normal in your relationship,” Ms Duncan said.

Barber told police he then decided not to do it and thought he pressed the sleep button but must have accidentally clicked the record button instead.

The court heard Barber now admitted he made the recording for his own sexual gratification and four deleted recordings found on his phone were a practice run for the offending.

The Port Lincoln father pleaded guilty to indecent filming.

The court heard the offending had a significant effect on the victim and she now experiences anxiety about encountering Barber in public.

“She expresses her feelings of violation, humiliation, loss, anger and disgust at the offence,” Ms Duncan said.

The court heard Barber, a former school captain, had success in online poker and won $2m at the age of 17.

“In a sense, those successes have been your undoing in recent years,” Ms Duncan said.

The court heard Barber became addicted to cocaine and gambled away his winnings – declaring himself bankrupt three years ago with a debt of $300,000.

A psychologist said Barber’s offending arose from him being an immature man who succumbed to sexual temptation to deal with stresses in his life.

The court heard Barber, who was now studying business management at university, had undertaken therapy for his gambling addiction.

Ms Duncan said the offending showed complete disrespect for the victim and it was good luck she noticed the phone before Barber could view the footage.

“The offence constitutes a gross breach of trust and a complete invasion of (the victim’s) privacy,” she said.

Ms Duncan sentenced Barber to a $500, three-year good behaviour bond.

She said it was a difficult balancing process but due to Barber’s lack of criminal history and remorse, a conviction wasn’t recorded.