Court hears man took photos of housemate while sleeping, in bathroom

A former public servant faces jail – and poor career prospects – after hiding a camera in his housemate’s wardrobe and recorded her for six months.

A man faces jail time after being convicted of secretly taking intimate images of his female housemate using spyware software and his phone.

Magistrate Glenn Theakson sentenced the man, who cannot be identified for legal reasons, four months prison on October 27.

The sentence will be suspended after two months with the man due to leave custody on Boxing Day 2021.

Following his release he will be subject to a 12 month good behaviour order.

The man initially plead not guilty when the matter was first heard in January, but eventually entered a guilty plea on July 27 for two counts of capturing visual data in an invasion of privacy after police arrested him in December last year.

Initial police investigations found 95 files containing intimate images and videos of the victim.

The court heard the defendant illegally recorded 842 images and videos of the victim during a period lasting over six months.

He began his offending by hiding a small camera in the woman’s wardrobe, which went unnoticed for more than three months.

When confronted by his housemate, the defendant denied knowing about the device.

Undeterred by this incident he began to use his phone to capture intimate images.

After seeing his arm extending into her bedroom as she was falling asleep, the victim was prompted to make a report with the police.

The court heard the victim continued to face negative impacts from crime; she felt emotionally exhausted by living with the constant fear of being secretly recorded.

A Turner man faces jail after secretly recording intimate videos and pictures of his housemate. Picture: Julia Kanapathippillai

The court heard the defendant was a victim of bullying throughout high school leading him to become socially isolated.

Since his arrest he had engaged in therapy and was diagnosed with major depression, adjustment disorder with anxiety and avoidant personality disorder.

Magistrate Theakson said prior to offending the man had a positive character and was successful at university and in his career.
Since his arrest and trial the defendant lost his job at the Australian Public Service and also lost his security clearance.

Magistrate Theakston said the man’s crimes not only cost him his employment, but has cost him his career in the public service “at this stage”.

He described the crime as an “evil” that arises from relatively new technology, using spyware devices “relatively accessible and easily purchased over the internet”.

Mr Theakson said the existence and availability of spyware could leave people in the community feeling vulnerable.

Mr Theakson described his actions as a serious example of image-based privacy crime.

He warned those considering using this technology to secretly record others that such actions can dealt with by the courts.

“This occurred in the victim’s bedroom, in her bathroom,” he said.

“(These are) the places we expect the most privacy … (the images captured the victim) from sleep, to showering to bathroom use.”

Mr Theakson described the crimes as a breach of trust and friendship.