Anthony O’Byrne: Creep caught in secret recording of woman in Main Beach cafe bathroom

A court has heard the astonishing way a man was caught out after leaving a phone on record in the toilets at a Gold Coast cafe.

Anthony O’Byrne, 31, pleaded guilty when he appeared in the Southport Magistrates Court on Monday to one charge of recording in breach of privacy - genital region. Picture: Facebook

A Southport fast food worker was caught by his own recording after attempting to film inside a Main Beach cafe bathroom.

Anthony O’Byrne, 31, pleaded guilty when he appeared in the Southport Magistrates Court on Monday to one charge of recording in breach of privacy - genital region.

The court heard a woman using facilities at the cafe opened a basin cupboard to get more toilet paper and found a phone with its camera facing her on October 20, 2024.

The court heard the phone was positioned in a way to record her while she was on the toilet.

The woman terminated the recording and watched the video back which showed O’Byrne setting up the phone in the cupboard before the woman entered.

She held onto the phone, exited the toilet but was approached by O’Byrne, who asked her if a watch had been left in the toilet. She said she had not seen a watch.

The court heard O’Byrne was at the cafe with his girlfriend and her mother.

The court heard O’Byrne attended the cafe with his girlfriend and her mother. Picture: Facebook

The woman gave the phone to the cafe manager and told him what had happened.

The manager called the police but O’Byrne had already left when officers arrived.

The court heard O’Byrne had asked the manager earlier if a phone had been handed up and left the cafe with his girlfriend, who left her phone number in case a phone was located.

Police called O’Byrne’s girlfriend and said they had his phone.

O’Byrne was arrested when he returned to the cafe and taken to Surfers Paradise police station.

O'Byrne pictured leaving court in 2024. Picture: Jessica Paul

In a police interview O’Byrne confirmed the phone was his but said he was unsure how it got in the cupboard.

When police advised him footage depicted him placing the phone in the cupboard, he said he did not wish to comment.

His defence lawyer, Paul Hamilton from Legal Aid, told the court his client was extremely embarrassed and ashamed of his conduct.

He said O’Byrne had not sought to offer any explanation for the commission of the offence.

O'Byrne pictured leaving court in 2024. Picture: Jessica Paul

“He was interviewed by police on the day,” Mr Hamilton said. “He made no admissions but I think he soon realised that the gig was up when he was confronted with what the footage actually showed.”

He said his client had a limited criminal history and was still in a relationship with his girlfriend, who was seated in court during the sentence to support him.

Acting Magistrate Sarah Thompson said there was some planning to the offending and said it had been conceded it was a gross violation of privacy.

She said the offending was too serious for a fine and sentenced O’Byrne to a six months probation order.

No conviction was recorded.

Ms Thompson reminded him if he breaches the order and is sentenced, a conviction is automatically recorded.

“I am affording you an opportunity,” she said to O’Byrne. “Take advantage of it and hopefully you can put this behind you. If you don’t, you are effectively recording a conviction against yourself.”

Originally published as Anthony O’Byrne: Creep caught in secret recording of woman in Main Beach cafe bathroom